Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

God of mercy and understanding, go with us into the duties and responsibilities of this day that no festering resentment, no camouflaged self-interest, no small loyalties, no ingrained prejudices may choke or clog the channels of unadulterated public service. Help us to give our best that the heritage of those who follow us may be the better because we have walked this way today. Enable us to keep as our motto: "In God we trust."

Remain close to us this day and every day. 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 Friday, the SPEAKER ordered it confirmed.

Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Annie Stanton Johnson of Clover, which was agreed to.

TO:                 Representative Richard Quinn, Chairman

Invitations Committee
FROM:         Representative Becky R. Martin, State Director

National Foundation of Women Legislators
DATE:         May 5, 1998
SUBJECT:     60th Anniversary of NOWL Reception

Due to unforeseen circumstances, the Women's Caucus has found it necessary to cancel the NOWL Reception that was to be held May 13 at the Governor's Mansion.

I would appreciate your notifying the appropriate persons in this regard.

The following were received and referred to the appropriate committee for consideration.

Document No. 2303
Promulgated By Governor's Office Division for Review of the Foster Care of Children
Statutory Authority: 1976 Code Section 29-7-2379
Procedures for Case Review
Received By Speaker May 12, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date September 9, 1998
(Subject to Sine Die Revision)

Document No. 2307
Promulgated By Governor's Office Division for Review of the Foster Care of Children
Statutory Authority: 1976 Code Section 20-7-2379
Notification (Repeal R.24-35)
Received By Speaker May 12, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date September 9, 1998
(Subject to Sine Die Revision)

The following was received.

Document No. 2243
Promulgated By Institute of Archaeology and Anthropology
Statutory Authority: 1976 Code Section 60-13-210, 54-7-640, 54-7-720, 54-7-740, 54-7-800
Adjudication Rules
Received By Speaker January 6, 1998
Referred to House Committee on Judiciary
120 Day Review Period Expiration Date May 12, 1998
Revised May 27, 1998
Senate Judiciary Committee requested withdrawal May 7, 1998
Withdrawn and Resubmitted May 7, 1998

On motion of Rep. WILKES, with unanimous consent, the following was taken up for immediate consideration:

H. 5130 -- Rep. Wilkes: A HOUSE RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE FAIRFIELD CENTRAL HIGH SCHOOL "GRIFFINS" BOYS BASKETBALL TEAM OF FAIRFIELD COUNTY ON CAPTURING THE 1997-98 CLASS AAA STATE BASKETBALL CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM, COACHES, AND SCHOOL OFFICIALS ON THURSDAY, MAY 14, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives are proud to have the opportunity to recognize the Fairfield Central High School "Griffins" Boys Basketball Team of Fairfield County on their outstanding overall record of 29-2 during 1997-98; and

Whereas, this exceptional basketball team posted a remarkable record by winning twenty-seven consecutive games; and

Whereas, the Griffins Basketball Team added to its rich basketball heritage by also winning the: Converse/Taco Bell Christmas Championship; Region 5 AAA Conference Championship; and the Lower State Championship; and

Whereas, Fairfield Central High School defeated Newberry High School 75-55 for the 1997-98 Class AAA State Basketball Championship; and

Whereas, this impressive level of competition could not have been accomplished without the leadership and excellent coaching abilities of Head Coach Ezekiel Washington, Jr., and Assistant Coaches Tim Corley, Richard Starks, Freddie Lorrick, and Tyrone Foster; and

Whereas, the Fairfield Central Basketball Roster for 1997-98 included: Stanley Bailey; Marcus Bell; James Boyd; Brian Branham; Ken Frink; Dontae Harrison; Quinn Milton; Telfair Nixon; Marcus Peay; Shaun Peoples; Arthur Price; Tony Robinson; and Heyward Smith; and

Whereas, the Griffins also had three players selected to all-state teams and two players selected to all-conference teams; and

Whereas, winning the state championship is a true testimony to the talent and desire for excellence of the players, coaches, and school officials of Fairfield Central High School; and

Whereas, these fine young athletes have brought great pride and recognition not only upon Fairfield Central High School and its loyal and enthusiastic students and supporters, but also to the Palmetto State. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Fairfield Central High School "Griffins" Boys Basketball Team of Fairfield County on capturing the 1997-98 Class AAA State Basketball Championship and extend the privilege of the floor of the House of Representatives to the team, coaches, and school officials on Thursday, May 14, 1998, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be presented to Head Coach Ezekiel Washington, Jr., and David Corley, Principal of Fairfield Central High School.

The Resolution was adopted.

The following was introduced:

H. 5131 -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO LIEUTENANT MALCOLM CAMERON OF THE CHESTER COUNTY SHERIFF'S DEPARTMENT UPON BEING SELECTED AS THE "LAW ENFORCEMENT OFFICER OF THE YEAR" FOR THE MIDLANDS REGION OF SOUTH CAROLINA.

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

The following was introduced:

H. 5132 -- Reps. Robinson, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES OF THE HOUSE OF REPRESENTATIVES TO MRS. RUTH LINDSEY DORRITY OF EASLEY UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY LATER THIS SUMMER.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1230 -- Senator Washington: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. FRANKLIN H. JOHNSON, PASTOR OF WESLEY UNITED METHODIST CHURCH ON JOHNS ISLAND, FOR HIS THIRTY-FIVE YEARS OF SERVICE AS A UNITED METHODIST PASTOR THROUGHOUT THE STATE OF SOUTH CAROLINA, AND TO WISH HIM AND HIS FAMILY THE VERY BEST UPON HIS RETIREMENT.

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

On motion of Rep. WILKES, with unanimous consent, the following was taken up for immediate consideration:

H. 5133 -- Rep. Wilkes: A HOUSE RESOLUTION TO CONGRATULATE THE FAIRFIELD CENTRAL HIGH SCHOOL "GRIFFINS" FOOTBALL TEAM AND COACHES ON WINNING THE 1997 CLASS AAA STATE FOOTBALL CHAMPIONSHIP, FOR WINNING THE CHAMPIONSHIP TWO YEARS IN SUCCESSION, AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAIRFIELD CENTRAL HIGH SCHOOL "GRIFFINS" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 14, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1997 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

Whereas, the Fairfield Central High School "Griffins" Football Team of Winnsboro has extended their 1996 undefeated 15-0 championship record to an outstanding undefeated 30-0 record, winning the 1997 Class AAA State Football Championship as well; and

Whereas, the Fairfield Central High School "Griffins" Football Team scored 710 points this past season for a new state record, giving up only 112 points and won the Class AAA State Football Championship for the second year in a row; and

Whereas, the "Griffins" ranked 15th in the nation by USA Today, with its sixty-two players, coached by Tony Felder, described by most other coaches as the best football team in the last fifty years, with fifteen players having signed college scholarships; and

Whereas, the truly outstanding record and example of the Fairfield Central High School "Griffins" Football Team is felt both on and off the gridiron, and is a genuine source of pride to the citizens and residents of Fairfield County, and to the State of South Carolina. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives hereby extend their congratulations to the Fairfield Central High School "Griffins" Football Team and their coaches on winning the 1997 Class AAA State Football Championship, and for winning this state championship two years in succession.

Be it further resolved that the privilege of the floor of the House of Representatives is extended to the Fairfield Central High School "Griffins" Football Team, coaches, and other school officials on Thursday, May 14, 1998, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1997 Class AAA State Football Championship.

Be it further resolved that a copy of this resolution recognizing the Fairfield Central High School "Griffins" Football Team be forwarded to Fairfield Central High School in Winnsboro.

The Resolution was adopted.

The following was introduced:

H. 5134 -- Reps. T. Brown, Lee, Canty, J. Brown, Howard and Clyburn: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND PRESIDENT CLINTON TO DECLARE A STATE OF EMERGENCY FOR THE AFRICAN-AMERICAN POPULATION OF THIS COUNTRY WITH REGARD TO CONTRACTING THE HIV VIRUS AND TO MAKE AVAILABLE IMMEDIATELY THE NECESSARY RESOURCES TO TREAT THOSE WITH THE VIRUS AND TO COMBAT ITS FURTHER SPREAD.

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

The following was introduced:

H. 5135 -- Rep. Harvin: A HOUSE RESOLUTION TO CONGRATULATE REPRESENTATIVE MARK S. KELLEY ON HIS WELL-DESERVED RECOGNITION BY WPDE TELEVISION IN FLORENCE-MYRTLE BEACH AS ONE OF THE TEN MOST INFLUENTIAL PEOPLE IN HORRY COUNTY.

Whereas, the Honorable Mark S. Kelley has represented District 107 of Horry County in the South Carolina House of Representatives since 1993; and

Whereas, during that time he has earned a reputation for tenacity and hard work; and

Whereas, he has accomplished that reputation for effectiveness while maintaining civility toward his fellow House members and respect for the institution of the House of Representatives; and

Whereas, his dedication and devotion to addressing Horry County's needs, both as a representative and through his various and many activities on the local level, have resulted in many improvements in the condition of Horry County residents; and

Whereas, WPDE Television of Florence-Myrtle Beach recently singled out Representative Kelley as one of Horry County's ten most influential people; and

Whereas, he was the only public official to be so recognized by the television station for his contributions to the county; and

Whereas, his wife, Lisa Murie Knauth Kelley and their four children, Kristofer, Nicolos, Elise, and Sean Michael, all believe he is pretty special, too; and

Whereas, Representative Kelley's fellow house members applaud his well-deserved recognition . Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby congratulate Representative Mark S. Kelley on his well-deserved recognition by WPDE Television in Florence-Myrtle Beach as one of the ten most influential people in Horry County.

Be it further resolved that a copy of this resolution be presented to Mark S. Kelley.

The Resolution was adopted.

On motion of Rep. PINCKNEY, with unanimous consent, the following was taken up for immediate consideration:

H. 5136 -- Reps. Pinckney and Bowers: A HOUSE RESOLUTION TO CONGRATULATE THE ESTILL HIGH SCHOOL GIRLS BASKETBALL TEAM ON WINNING THE 1998 SOUTH CAROLINA CLASS A STATE CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE ESTILL HIGH SCHOOL GIRLS BASKETBALL TEAM ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.

Whereas, the members of the House of Representatives were very pleased to learn that the Estill High School girls basketball team won the 1998 South Carolina Class A state championship by defeating a fine Indian Land High School team in a game played at the Carolina Coliseum; and

Whereas, the Lady Gators finished their season with a 26-6 record and this is their second consecutive state championship after defeating McBee last year; and

Whereas, the Lady Gators performed at an outstanding level throughout the entire season under the direction of Coach Cecil Jenkins and continually amazed and excited their fans with their poise, tenacity, and athletic ability; and

Whereas, the conduct of this tremendous group of young ladies on and off the court this season has brought deserved credit not only upon them and their coaches but upon their high school and county as well; and

Whereas, the members of the House of Representatives, by this resolution, would like to extend their heartiest congratulations to the Estill High School Lady Gators upon their winning this truly deserved state championship. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby congratulate the Estill High School girls basketball team on winning the 1998 South Carolina Class A state championship.

Be it further resolved by the House of Representatives that pursuant to Rule 10.1, the privilege of the floor of the House of Representatives is extended to the Estill High School girls basketball team on a date and time to be determined by the Speaker for the purpose of being recognized and presented with a copy of this resolution at a date and time to be determined by the Speaker.

The Resolution was adopted.

The following was introduced:

H. 5137 -- Reps. Harvin, Kennedy, Young, Woodrum, G. Brown, Neal, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF BENJAMIN FRANKLIN CANTY, JR., OF SUMTER AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, Benjamin Franklin Canty, Jr., "Doc" to his many friends and family, was born on Christmas Day, December 25, 1916, in Sanford, Florida, the son of the late Benjamin F. Canty, Sr., and Susie St. Clair Canty; and

Whereas, Mr. Canty completed his high school education at Crooms Academy in Sanford, Florida, and entered Florida A&M College where he earned a Bachelor of Arts degree in education in 1939. After his years of service in the United States Army during World War II, further study was completed by earning a degree in pharmacy from Howard University in 1950; and

Whereas, Mr. Canty and the late Evelyn Davis Canty were united in marriage in 1942, and were the loving parents of three children. Upon obtaining his degree in pharmacy, Mr. Canty moved his family to Sumter, South Carolina, where he owned and operated Canty's Drugstore. In 1955, he moved back to Washington, D.C. and continued his career owning and operating Canty's Drugstores until 1962. Until his retirement in 1982, he worked as a pharmacist for the District of Columbia's Department of Health and Human Services; and

Whereas, Mr. Canty found time to maintain a close, active fellowship in the Sanford, Florida, and Washington D.C. communities as well as in Sumter. He was both organizer and member in many service oriented organizations and activities, including but not limited to: the Intercessory Prayer Group, the Washington, D.C. Chapter of the Florida A&M University Alumni Association, the National Pharmaceutical Association, the Florida Club, and Phi Beta Sigma Fraternity, Inc. His commitment to his fellow man and his service to several communities were cited through numerous awards, honors and citations, such as renaming the Potomac District AMEC Sunday School Orchestra in his honor, and establishment of the Benjamin F. Canty, Jr. Scholarship Fund by the Washington, D.C. Chapter of the Florida A&M University Alumni Association; and

Whereas, with all of his many activities, none over-shadowed Mr. Canty's music ministry that touched the lives of so many people. While at Florida A&M, he was the lead tenor of the Orange Blossom Quartet which represented the college around the country and the State of Florida at the New York World's Fair in 1939. He taught instrumental music to many young people and organized several youth orchestras; and

Whereas, Mr. Canty loved "The Lord" and was devoted to Campbell A.M.E. Church, and shared his devotion, passion, and dedication to music in the Men's Chorus, the Senior Choir, the Band (now called the Benjamin F. Canty, Jr. Ensemble), and the former Celestial Choir. His detailed research and documentation on church instrumental music served as the impetus for music ministry and programs in several churches in the Washington, D.C. area, as well as in South Carolina, that gave a special deeper meaning to the spiritual life of many young people, and countless others, as they became active in their worship. Mr. Canty was truly a crusader for instrumental music in churches everywhere he went, and he will always be fondly remembered sitting on the front row at Campbell A.M.E. Church, and at other churches, "playing his horn," serving his Lord, and touching the lives of countless people; and

Whereas, Mr. Canty is survived by three devoted children, Benjamin III, Edna C. Jenkins, and Courtney; two brothers, Leroy Bowman and Ralph W. Canty of Sumter, seven grandchildren, La Ronda, Benita, Ronald, Jr., Bashemai, Benjamin IV, Charisma and Joy; one son-in-law, Ronald Jenkins, Sr., one daughter-in-law, Robin Canty; loving nephews, nieces, and a host of relatives and friends. Now, therefore,

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

That the members of the General Assembly, by this resolution, hereby express their profound sorrow upon the death of Benjamin Franklin Canty, Jr., of Sumter and extend their deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Mr. Canty's family.

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

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, J.
Brown, T.              Campsen                Canty
Carnell                Cato                   Cave
Chellis                Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hines, J.              Hinson
Howard                 Inabinett              Jordan
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Maddox                 Martin
McAbee                 McCraw                 McGee
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neilson                Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

I came in after the roll call and was present for the Session on Tuesday, May 12.

Woodrow M. McKay                  Alma W. Byrd
John L. Scott, Jr.                C. Anthony Harris, Jr.
John David Hawkins                Larry L. Koon
Eugene C. Stoddard                William Clyburn
Marion H. Kinon                   Joseph H. Neal
Steve P. Lanford                  Grady A. Brown
Bill Cotty                        Gilda Cobb-Hunter
David James Mack III              Mack T. Hines
Douglas Jennings, Jr.

The SPEAKER granted Rep. MASON a leave of absence for the week due to business reasons.

The SPEAKER granted Rep. SEITHEL a temporary leave of absence.

The SPEAKER granted Rep. F. Smith a leave of absence for the day and Wednesday.

Announcement was made that Dr. Thomas L. Stoughon of Florence is the Doctor of the Day for the General Assembly.

Rep. ASKINS moved to adjourn debate upon the following Bill until Tuesday, May 19, which was adopted.

S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 19, which was adopted.

H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.

Rep. BARRETT moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.

Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.

Rep. DANTZLER moved to adjourn debate upon the following Joint Resolution until Wednesday, May 13, which was adopted.

S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 843 -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.

The following Bill was taken up.

H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7402AC.98), which was adopted.

Amend the bill, as and if amended, by deleting all before the enacting words and after the title and inserting:

/Whereas, the General Assembly finds that in 1990, in Employment Division v. Smith, 494 U.S. 872 (1990) the United States Supreme Court virtually eliminated the requirement that government justify burdens on the exercise of religion imposed by laws neutral toward religion. In response to this, Congress, in 1993, enacted the Religious Freedom Restoration Act which codified the compelling interest test set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), as a workable test for striking sensible balances between religious liberty and competing governmental interests. However, in 1997, in the case of City of Boerne v. P. F. Flores, 117 S. Ct. 2157 (1997) the United States Supreme Court struck down the Religious Freedom Restoration Act and held that Congress infringed on the legislative powers reserved to the states under the Constitution of the United States, accordingly, leaving such matters to be addressed by the states.

Whereas, the General Assembly further finds that the free exercise of religion is an inherent, fundamental, and inalienable right secured by Article I, Section 3 of the Constitution of this State; that laws 'neutral' toward religion, as well as laws intended to interfere with the exercise of religion may burden the exercise of religion; and that the State or any political subdivision of the State should not substantially burden the exercise of religion without compelling justification. Now, therefore,/

Amend the bill further by deleting all after the enacting words and inserting:

/SECTION     1.     Title 1 of the 1976 Code is amended by adding:

Section 1-32-10.     This chapter may be cited as the South Carolina Religious Freedom Restoration Act.

Section 1-32-20.     In this chapter:

(1)     'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion.

(2)     'Exercise of religion' means an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.

(3)     'State' means the State of South Carolina and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, officer, employee, or official of the State or a political subdivision of the State.

Section 1-32-30.     The purposes of this chapter are to:

(1)     restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling state interest will be imposed on all state and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened; and

(2)     provide a claim or defense to persons whose exercise of religion is substantially burdened by the State.

Section 1-32-40.     The State may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person is:

(1)     essential to further a compelling state interest; and

(2)     the least restrictive means of furthering that compelling state interest.

Section 1-32-50.     If a person's exercise of religion has been burdened in violation of this chapter, the person may assert the violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the State. If the person prevails in the proceeding, the court shall award the person attorney's fees and costs.

Section 1-32-60.     (A)     This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after July 1, 1998.

(B)     Nothing in this chapter may be construed to authorize the State to burden any religious belief.

(C)     Nothing in this chapter may be construed to affect, interpret, or in any way address:

(1)     that portion of the First Amendment of the United States Constitution prohibiting laws respecting an establishment of religion;

(2)     that portion of Article 1, Section 2 of the State Constitution prohibiting laws respecting an establishment of religion.

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Rep. CAMPSEN continued speaking.

The amendment was then adopted.

Rep. SHEHEEN spoke upon the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. CAMPSEN demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bauer
Baxley                 Beck                   Boan
Bowers                 Brown, G.              Brown, H.
Campsen                Canty                  Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Maddox
Martin                 McAbee                 McCraw
McGee                  McMaster               Meacham
Moody-Lawrence         Mullen                 Neal
Neilson                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Witherspoon
Woodrum                Young                  Young-Brickell

Those who voted in the negative are:

Battle                 Breeland               Byrd
Hines, M.              Howard                 Inabinett
Lloyd                  McLeod                 McMahand
Miller                 Scott                  Sheheen

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 1069 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 1126 -- Senators Leventis and Land: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; AND TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES.

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.

S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

H. 4916 -- Rep. Boan: A BILL TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, AND TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.

The Senate amendments to the following Bill were taken up for consideration.

S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.

Rep. HARRISON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration.

H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.

Rep. HARRELL moved to adjourn debate upon the Senate amendments until Wednesday, May 13, which was adopted.

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4462 -- Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.

The following Concurrent Resolution was taken up.

S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.

Rep. EASTERDAY moved to adjourn debate upon the Concurrent Resolution until Wednesday, May 13, which was adopted.

The following Concurrent Resolution was taken up.

S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.

Rep. ALTMAN moved to adjourn debate upon the Concurrent Resolution until Wednesday, May 13, which was adopted.

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.

The following was introduced:

H. 5138 -- Rep. Battle: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING ST. PAUL BAPTIST CHURCH OF MULLINS FOR ITS OUTSTANDING FAITH AND EXCELLENT OUTREACH AND SERVICE TO THE COMMUNITY.

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

The following was received from the Senate.

Columbia, S.C., May 12, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 22:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
and asks for a Committee of Conference and has appointed Senators McConnell, Courtney and Ford of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. KLAUBER, YOUNG and HAWKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. H. BROWN moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 5116 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS VARSITY GIRLS BASKETBALL TEAM OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION AAA STATE BASKETBALL CROWN FOR 1997.

H. 5121 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DEACON ISSIAH ROSS, SR., OF VIENNA, GEORGIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5122 -- Reps. Cotty, Harrison and McMaster: A CONCURRENT RESOLUTION CONGRATULATING DR. LEONE CASTLES ROCHELLE OF RICHLAND COUNTY ON RECEIVING THE 1998 "AWARD FOR EXCELLENCE IN SECONDARY SCHOOL SCIENCE OR MATHEMATICS TEACHING" FROM THE SOUTH CAROLINA ACADEMY OF SCIENCE.

H. 5123 -- Reps. Townsend, Barrett, Byrd, J. Hines, Hinson, Leach, Littlejohn, Loftis, Martin, McMahand, Moody-Lawrence, Neal, Rodgers, Stille, Stuart, Walker, Woodrum, Allison, Altman, Askins, Bailey, Barfield, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, M. Hines, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limehouse, Lloyd, Mack, Maddox, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMaster, Meacham, Miller, Mullen, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stoddard, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE EUGENE C. STODDARD OF LAURENS COUNTY FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND WISHING HIM MUCH HAPPINESS AND THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

H. 5126 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING NANCY MICKENS GREEN OF COLUMBIA, ON THE OCCASION OF MOTHER'S DAY, FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

H. 5129 -- Reps. Whipper and Howard: A CONCURRENT RESOLUTION CONGRATULATING MRS. BESSIE BRANCH MURRAY OF RICHLAND COUNTY ON BEING SELECTED AS THE CHAPPELLE MEMORIAL AFRICAN METHODIST EPISCOPAL CHURCH'S MOTHER OF THE YEAR FOR 1998.

At 12:55 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Annie Stanton Johnson of Clover, to meet at 10:00 A.M. tomorrow.

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