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Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 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, give us wisdom to perceive You, intellect to understand You, diligence to seek You, patience to wait for You, eyes to behold You, minds to meditate upon You, and lives to proclaim You so that all our deliberations and actions may be guided by Your impeccable teachings. Through the tangled wilderness of human relationships, show us the clear paths to the summit of Your will. And in those paths may we make our plans, fashion our lives, and enact our laws. Take from us the dark shadows of doubt to be replaced by a greater trust in God.

Hear us as we pray with thankful hearts. 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 Pro Tempore ordered it confirmed.

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Lila Mae Brock of Greenville, which was agreed to.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Ordered for consideration tomorrow.

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Ordered for consideration tomorrow.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:

H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART AND TO PROVIDE THAT REPRESENTATIVES OF THE SOUTH CAROLINA TREE FARM PROGRAM SHALL BE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, APRIL 11, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR CONTRIBUTIONS.

On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.

Whereas, the South Carolina Tree Farm Program, organized in 1946, is a part of the American Tree Farm System, a nationwide volunteer

Whereas, the South Carolina Tree Farm Program is a nationally recognized leader with over 3.5 million acres of forestland enrolled on some 1,750 certified tree farms; and

Whereas, trees are South Carolina's leading cash crop, and the forest products industry is the third largest in our State, employing 32,500 residents in growing and harvesting trees and manufacturing and recycling forest products, contributing $5.6 billion annually to our economy; and

Whereas, the majority of the forestland in South Carolina is owned by private landowners, and without the excellent assistance provided by forestry professionals including those involved with the South Carolina Tree Farm Program, and the dedication of South Carolina Tree Farmers to manage their land for multiple benefits, the economy and environment of South Carolina would suffer tremendously. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend the South Carolina Tree Farm Program for its contributions to the enhancement of the forests of this State and the environment of which forestlands are a part.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Tree Farm Program.

The Invitations Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\\22363SD.96), which was adopted.

Amend the resolution, as and if amended, by striking the paragraph beginning on line 12, page 2 in its entirety.

Amend title to read:

/TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART./

When amended the resolution reads:

/Whereas, the South Carolina Tree Farm Program, organized in 1946, is a part of the American Tree Farm System, a nationwide volunteer program administered by private and public foresters that provides technical advice to private, nonindustrial forestland owners and encourages them to manage their forests to produce wood, wildlife habitat, recreation, aesthetics, and clean water; and

Whereas, trees are South Carolina's leading cash crop, and the forest products industry is the third largest in our State, employing 32,500 residents in growing and harvesting trees and manufacturing and recycling forest products, contributing $5.6 billion annually to our economy; and

Whereas, the majority of the forestland in South Carolina is owned by private landowners, and without the excellent assistance provided by forestry professionals including those involved with the South Carolina Tree Farm Program, and the dedication of South Carolina Tree Farmers to manage their land for multiple benefits, the economy and environment of South Carolina would suffer tremendously. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend the South Carolina Tree Farm Program for its contributions to the enhancement of the forests of this State and the environment of which forestlands are a part.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Tree Farm Program./

Renumber sections to conform.

Amend title to conform.

The House Resolution as amended was adopted.

The following was introduced:

H. 4642 -- Reps. Allison, Davenport and Cromer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", AMANDA ELIZABETH SPIVEY OF SPARTANBURG, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1996 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON TUESDAY, APRIL 30, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4643 -- Reps. Harvin, T. Brown, Breeland, Cave, Neal, White, Byrd, McMahand, J. Brown, M. Hines, Anderson, Lloyd, Williams, Kinon, Lee, Cato, L. Whipper, Moody-Lawrence and Cobb-Hunter: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. SUSIE MAE WHACK KENNEDY, THE MOTHER OF OUR DEAR FRIEND AND ESTEEMED COLLEAGUE, THE HONORABLE KENNETH KENNEDY OF WILLIAMSBURG COUNTY, AND EXTENDING DEEPEST SYMPATHY TO MRS. KENNEDY'S ENTIRE FAMILY AND HER MANY FRIENDS.

Whereas, Mrs. Susie Mae Whack Kennedy of Greeleyville has passed away at the age of seventy-five; and

Whereas, she was the beloved mother of our dear friend and esteemed colleague in the General Assembly, the Honorable Kenneth Kennedy of Williamsburg County; and

Whereas, Mrs. Kennedy died on February 16, 1996; she was born in Williamsburg County and received her formal education in the public schools of Williamsburg County; she was an active member of Trinity Baptist Church and Mount Hope Order of Eastern Star Lodge 286 and was secretary of the Home Mission Society; she was also employed by the Williamsburg County School System; and

Whereas, she was married to the late Ben Kennedy; and

Whereas, she is survived by her sons, Representative Kennedy and Mr. Glen Kennedy, both of Greeleyville, Mr. Karel R. Kennedy of Murrells Inlet, and Mr. Deon Kennedy of Columbia; by her daughters, Ms. Louise Payne of Schaumberg, Illinois, Ms. Castina Kennedy of Washington, D.C., and Ms. Ernestine K. King of Sumter; by her sisters, Ms. Sarah Johnson of Brooklyn, New York, Ms. Elouise Williams of Greensboro, North Carolina, and Ms. Maggie Oliver of Orlando, Florida; and by thirteen grandchildren and five great grandchildren; and

Whereas, Mrs. Kennedy was an outstanding individual who was dedicated to her family, friends, church, and community and will be greatly missed. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Mrs. Susie Mae Whack Kennedy, the mother of our dear friend and esteemed colleague, the Honorable Kenneth Kennedy of Williamsburg

Be it further resolved that a copy of this resolution be forwarded to Mrs. Kennedy's family in care of her son, Representative Kenneth Kennedy.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The Senate sent to the House the following:

S. 1155 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MS. KELLY MCCALLA OF GREENWOOD COUNTY FOR BEING NAMED THE 1997 SOUTH CAROLINA TEACHER OF THE YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following was introduced:

H. 4644 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JULIAN L. HARBIN OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4645 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES BRYANT FLOYD OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.

On motion of Rep. HALLMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Rep. VAUGHN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. DAVENPORT objected.

Referred to Committee on Labor, Commerce and Industry.

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE

Without reference.

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