THURSDAY, JANUARY 20, 2000
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty God our Heavenly Father, keep our minds stayed on Your teachings that our faith may be lifted, our understanding broadened, our ideals deepened, our vision heightened, our outlook brightened. As we walk and work together, may the healing breezes of goodwill blow across our minds, cleansing us of all selfishness and narrowness as Your Word becomes increasingly “a lamp unto our feet, and a light unto our paths.” Give ear, Lord, to this our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Frances Pursley, which was agreed to.
INVITATION
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
January 19, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
The South Carolina Association for Pupil Transportation is planning to host a “Shrimp and Grits” Breakfast on Thursday, February 24, 2000, for all South Carolina Legislative members. The event will be held at the Clarion Town House Hotel from 8:00 to 9:30 a.m. I am requesting your assistance in posting this event to the 2000 Legislative calendar.
Thank you for your help regarding this matter. Please contact me at 803-641-2454, if you have any questions.
Sincerely,
Carol C. Verenes
Aiken County Public Schools
Transportation Department
REPORT OF STANDING COMMITTEE
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H.4420 -- Reps.R.Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M.McLeod, W.McLeod, McMahand, Miller, Moody-Lawrence, J.M.Neal, Parks, Perry, Rice, Riser, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.
Ordered for consideration tomorrow.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4467 -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.
Referred to Committee on Labor, Commerce and Industry
H. 4468 -- Reps. Cato, Walker, Carnell, Chellis, Gamble, Limehouse, Riser, Sandifer and Simrill: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.
Referred to Committee on Labor, Commerce and Industry
H. 4469 -- Reps. D. Smith, Harrison, Cotty, Delleney, Maddox and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING SECTION 16-13-550 ENTITLED THE "PERSONAL INFORMATION PRIVACY ACT OF 2000" SO AS TO PROVIDE FOR THE OFFENSE OF IDENTITY FRAUD WHICH IS THE KNOWING ACCESS TO, RELEASE, DISCLOSURE, OR USE OF PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT OBTAINING THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL; TO PROVIDE PENALTIES; AND TO PROVIDE FOR A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE STUDY COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 15, 2000.
Referred to Committee on Judiciary
H. 4470 -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Hinson, Koon, McKay and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry
H. 4471 -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Referred to Committee on Ways and Means
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Allison / AltmanBailey / Bales / Barfield
Barrett / Battle / Beck
Bowers / Breeland / Brown, G.
Brown, H. / Brown, J. / Campsen
Carnell / Cato / Chellis
Clyburn / Cobb-Hunter / Cooper
Cotty / Dantzler / Davenport
Delleney / Easterday / Edge
Emory / Fleming / Frye
Gamble / Gilham / Gourdine
Govan / Hamilton / Harrell
Harris / Harrison / Harvin
Haskins / Hawkins / Hayes
Hines, J. / Hines, M. / Hinson
Hosey / Howard / Huggins
Inabinett / Keegan / Kelley
Kennedy / Kirsh / Knotts
Koon / Lanford / Law
Leach / Lee / Limehouse
Littlejohn / Lloyd / Loftis
Lourie / Lucas / Mack
Maddox / Martin / McCraw
McGee / McKay / McLeod, M.
McLeod, W. / Meacham-Richardson / Miller
Moody-Lawrence / Neal, J.H. / Neal, J.M.
Ott / Parks / Perry
Phillips / Pinckney / Rhoad
Rice / Riser / Robinson
Rodgers / Rutherford / Sandifer
Scott / Sharpe / Sheheen
Simrill / Smith, D. / Smith, R.
Stille / Stuart / Taylor
Townsend / Tripp / Trotter
Vaughn / Walker / Whatley
Wilder / Wilkes / Wilkins
Witherspoon / Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, January 20.
Theodore Brown / Douglas JenningsDenny Neilson / Richard Quinn
Lynn Seithel / James Smith
Byron Webb / Harry Askins
Total Present--118
STATEMENT OF ATTENDANCE
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, January 19.
DOCTOR OF THE DAY
Announcement was made that Dr. Oswald L. Mikell of Beaufort is the Doctor of the Day for the General Assembly.
S. 143--POINT OF ORDER
The following Bill was taken up:
S. 143 -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.
POINT OF ORDER
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
ORDERED TO THIRD READING
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4462 -- Reps. Young-Brickell, Cobb-Hunter, Bailey and Chellis: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF DORCHESTER COUNTY SCHOOL DISTRICT TWO DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD INCLUDING THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4462--ORDERED TO BE READ THIRD TIME TOMORROW
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4462 be read the third time tomorrow.
SENT TO THE SENATE
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3317 -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse, Altman and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.
RECURRENCE TO THE MORNING HOUR
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
INTRODUCTION OF BILL
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4472 -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. MCCRAW moved that the House do now adjourn, which was agreed to.
ADJOURNMENT
At 10:40 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Frances Pursley, to meet at 10:00 a.m. tomorrow.
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