South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

THURSDAY, MAY 14, 1998

Thursday, May 14, 1998
(Statewide Session)

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:

O Lord God, the Light of those who know You and the Joy of those who serve You, forbid that we should ever pull down the shades of our minds and thus exclude Your impeccable truths. Give us the spirit of open minds, the courage to persist in the face of difficulties, and a steady confidence in the power of truth. Help us to learn something this day that shall make us wiser at the close of it and more ready for every tomorrow of our lives.

Bless us, we pray, in keeping with Your knowledge of our needs. 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. KLAUBER moved that when the House adjourns, it adjourn in memory of Eleanor M. Mundy of Greenwood County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4799:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Patterson, Hutto and Ravenel of the Committee of Free Conference on the part of the Senate on H. 4346:
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4346:
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Very respectfully,
President

Received as information.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire July 31, 2003:

The Honorable James Stanton Cross, Jr., Post Office Box 1236, Conway, S.C. 29528

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Initial Appointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:

The Honorable D. Mark Stokes, 5812 Lakeview Drive, Hanahan, S.C. 29406 VICE Daniel F. Pieper (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:

The Honorable Roger L. Couch, 1612 Holly Berry Lane, Spartanburg, S.C. 29301 VICE Thomas J. DeZern (retired)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003:

The Honorable Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, S.C. 29609

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Richland County Master-in-Equity, with term to commence April 30, 1997, and to expire April 30, 2003:

The Honorable Joseph M. Strickland, Richland County Master-in-Equity, Post Office Box 192, Columbia, S.C. 29202

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 1998, and to expire December 31, 2004:

The Honorable Linwood S. Evans, Jr., Post Office Box 1273, Sumter, S.C. 29150

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Orangeburg County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003:

The Honorable Olin D. Burgdorf, Post Office Box 9000, Orangeburg, S.C. 29116

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, York County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:

The Honorable J. Buford Grier, 383 Grady Drive, Rock Hill, S.C. 29732

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Dorchester County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:

The Honorable Patrick Robert Watts, 212 Deming Way, Bin 12, Summerville, S.C. 29483

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

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

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Beaufort County Master-in-Equity, with term to commence June 6, 1997, and to expire June 6, 2003:

The Honorable Thomas Kemmerlin, Jr., Post Office Drawer 1228, Beaufort, S.C. 29901

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report, with amendments, on:

S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.

S. 1219--AMENDED AND ORDERED TO THIRD READING

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

S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.

Rep. HARVIN proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1964DW.98), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     ______.     Section 2 of Act 375 of 1947, as last amended by Act 719 of 1990, is further amended to read:

"Section 2.     The Clarendon Hospital District is governed by a board of nine members to be known as the Clarendon Hospital District Board of Trustees. The members of the board must be residents of the county, eight of whom must be appointed by the governing body of the county Governor upon recommendation of a majority of the Clarendon County Legislative Delegation. One of the appointed members must be a licensed physician. The chief of the medical staff of the Clarendon Memorial Hospital is a member, ex officio. The terms of appointed members are for five years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The board shall elect a chairman, a vice-chairman, a secretary, and those other officers as it considers necessary. The board may appoint a treasurer who shall give bond in that amount as the board may require and he shall receive and pay out all monies as directed by the board. The board shall adopt an official seal and shall keep minutes of all meetings and records of all transactions."/

Renumber sections to conform.

Amend title to conform.

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

S. 1219--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S. 1219 be read the third time tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5144 -- Reps. Cotty, Sheheen, Boan and Baxley: A HOUSE RESOLUTION TO COMMEND THE LUGOFF-ELGIN HIGH SCHOOL WRESTLING TEAM, AND ITS COACHES, TRAINERS, AND STAFF, FOR WINNING THE 1998 STATE CLASS AAA WRESTLING CHAMPIONSHIP.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5145 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF THE LATE MRS. ELEANOR METTS MUNDY OF GREENWOOD COUNTY, PUBLISHER AND BOARD CHAIRMAN OF THE INDEX-JOURNAL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5146 -- Rep. McMahand: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND SAMUEL NILES MADDEN, PASTOR OF MT. ZION BAPTIST CHURCH IN FOUNTAIN INN, FOR HIS THIRTY-FIVE YEARS OF DEVOTED PASTORAL SERVICE AND HIS DEDICATION TO CHRISTIAN EDUCATION THROUGH HIS LEADERSHIP IN THE CONGRESS OF CHRISTIAN EDUCATION AND THE TUMBLING SHOALS ASSOCIATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5147 -- Rep. McKay: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DAVE THOMAS OF "WENDY'S" FAME FOR THE EXTRAORDINARILY GOOD WORKS HE DOES FOR LOCAL CHARITIES THROUGH THE DAVE THOMAS INVITATIONAL GOLF TOURNAMENT AT THE WOODLANDS COUNTRY CLUB IN COLUMBIA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5148 -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1998, AS "GANG VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF GANG VIOLENCE IN SOUTH CAROLINA TO INFORM PARENTS AND OTHERS OF THE PROBLEM OF CRIMINAL GANGS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5149 -- Reps. Rice, Robinson and Hamilton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN PORTION OF U.S. HIGHWAY 29 IN GREENVILLE COUNTY IN HONOR OF MR. LEVIS L. GILSTRAP, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED REALTORS AND CIVIC AND COMMUNITY LEADERS.

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

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5150 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Cato
Cave                   Clyburn                Cooper
Cromer                 Dantzler               Delleney
Easterday              Edge                   Emory
Felder                 Gamble                 Gourdine
Hamilton               Harrell                Harris
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod                 McMahand
Meacham                Miller                 Mullen
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, F.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 14.

Jennings G. McAbee                Doug Smith
James H. Harrison                 Grady A. Brown
Ronald P. Townsend                James Emerson Smith, Jr.
Denny W. Neilson                  Harry R. Askins
Teddy N. Trotter                  Bill Cotty
G. Ralph Davenport, Jr.           J. Michael Baxley
Bessie Moody-Lawrence             Ralph W. Canty
William D. Boan                   Gilda Cobb-Hunter
Joseph H. Neal                    Timothy C. Wilkes
Larry L. Koon                     Jerry N. Govan, Jr.
Joe McMaster
Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. YOUNG a leave of absence for the day.

The SPEAKER granted Rep. ALTMAN a leave of absence for the day.

The SPEAKER granted Rep. TRIPP a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 13.

DOCTOR OF THE DAY

Announcement was made that Dr. John P. Evans of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. WILKES presented to the House the Fairfield Central High School "Griffins" Football Team, 1997 Class AAA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. WILKES presented to the House the Fairfield Central High School "Griffins" Boys Basketball Team, 1997-98 Class AAA Basketball Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. KELLEY and the Horry Delegation presented to the House the Coastal Carolina University Women's Cross Country and Track Team, 1997 Big South Cross Country Conference Champions, their coaches and staff.

H. 4918--CO-SPONSOR REMOVED

In accordance with House Rule 5.2 below:

"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:         H. 4918

DATE                 REMOVE:

5/14/98                 Tracy Edge

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 5142 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMITTEES, AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

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. WILDER explained the Bill.

H. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILKES explained the Joint Resolution.

H. 5142--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 5142 be read the third time tomorrow.

S. 963--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 963 be read the third time tomorrow.

H. 5140--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 5140 be read the third time tomorrow.

H. 5143--DEBATE ADJOURNED

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

H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

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.

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.

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.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

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.

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.

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.

SENT TO THE SENATE

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

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.

S. 1070--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill, 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.

H. 4767--DEBATE ADJOURNED

Rep. KLAUBER moved to adjourn debate upon the following Bill until Tuesday, May 19, 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.

S. 276--COMMITTED

The following Bill was taken up.

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.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9893JM.98).

Amend the bill, as and if amended, Section 47-1-210(A), as contained in SECTION 1, page 1, line 31, by inserting / to be used / between /species/ and /as/. Section 47-1-210(A), when amended, shall read:

/(A)     It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, 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 for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade./

Amend further, by striking Section 47-1-210(B), as contained in SECTION 1, lines 33 through 35 on page 1, and inserting:

/(B)     Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only shall be deemed lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade./

Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. KIRSH moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. CROMER moved to table the motion, which was not agreed to by a division vote of 24 to 40.

The question then recurred to the motion to commit the Bill.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The motion to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs was agreed to by a division vote of 50 to 18.

SPEAKER PRO TEMPORE IN CHAIR
S. 1013--POINT OF ORDER

The following Bill was taken up.

S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.

Rep. SHARPE explained the Bill.

POINT OF ORDER

Rep. T. BROWN 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 statewide legislative day prior to second reading.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 1167--POINT OF ORDER

The following Bill was taken up.

S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.

POINT OF ORDER

Rep. ROBINSON 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 statewide legislative day prior to second reading.

The SPEAKER Pro Tempore sustained the Point of Order.

H. 5020--POINT OF ORDER

The following Bill was taken up.

H. 5020 -- Rep. Harrison: A BILL TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.

Rep. LAW explained the Bill.

POINT OF ORDER

Rep. T. BROWN 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 statewide legislative day prior to second reading.

The SPEAKER Pro Tempore sustained the Point of Order.

H. 4408--POINT OF ORDER

The following Bill was taken up.

H. 4408 -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.

POINT OF ORDER

Rep. MEACHAM 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 statewide legislative day prior to second reading.

The SPEAKER Pro Tempore sustained the Point of Order.

H. 5141--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5141 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILKES explained the Joint Resolution.

POINT OF ORDER

Rep. T. BROWN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER Pro Tempore sustained the Point of Order.

SPEAKER IN CHAIR
S. 1084--REQUESTS FOR DEBATE WITHDRAWN

Reps. BARFIELD and KENNEDY withdrew their requests for debate on S. 1084; however, other requests for debate remained upon the Bill.

S. 1058--REQUEST FOR DEBATE WITHDRAWN

Rep. KENNEDY withdrew his request for debate on S. 1058; however, other requests for debate remained upon the Bill.

OBJECTION TO RECALL

Rep. RODGERS asked unanimous consent to recall H. 4667 from the Committee on Judiciary.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 547 from the Committee on Ways and Means.

Rep. LOFTIS objected.

OBJECTION TO RECALL

Rep. BOAN asked unanimous consent to recall H. 5062 from the Committee on Ways and Means.

Rep. T. BROWN objected.

H. 4799--CONFERENCE REPORT REJECTED
CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 7, 1998

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by deleting subsection (B) on page 4799-3, so when amended Section 90-21-136 reads:

/ "Section 50-21-136.     (A)     There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:

Broad Creek;

Old House Creek;

Bear Creek (also known as Park Creek);

Lawton Creek;

Jarvis Creek;

Braddock Cove;

Calibogue Creek (also known as Baynard Creek);

Folly Creek;

Skull Creek between Day Marker '13' and Day Marker '14';

Fish Haul Creek (also known as Coggin Creek);

Point Comfort Creek.

There is also established a no-wake zone between one hundred yards north of Marker 40 and Marker 41 on the New River in Beaufort County.

The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.

(B)     Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense."/

Amend title to conform.

/s/Holly A. Cork                  /s/Charles R. Sharpe
/s/John C. Land III               /s/Thomas N. Rhoad
/s/McKinley Washington, Jr.       /s/William D. Witherspoon
On Part of the Senate.                 On Part of the House.

Rep. SHARPE explained the Conference Report.

SPEAKER PRO TEMPORE IN CHAIR

Reps. MULLEN and RODGERS spoke against the Conference Report.

The Conference Report was rejected and a message was ordered sent to the Senate accordingly.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. YOUNG-BRICKELL.

S. 1084--ORDERED TO THIRD READING

The following Bill was taken up.

S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.

Rep. SHARPE explained the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 91; Nays 2

Those who voted in the affirmative are:

Askins                 Bailey                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Canty                  Cato                   Cave
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harvin                 Haskins                Hines, M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McAbee
McCraw                 McGee                  McKay
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Pinckney               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkins                Woodrum
Young-Brickell

Total--91

Those who voted in the negative are:

Cotty                  McMaster

Total--2

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

OBJECTION TO MOTION

Rep. SHARPE asked unanimous consent that S. 1084 be read a third time tomorrow.

Rep. KELLEY objected.

SPEAKER IN CHAIR
S. 1058--DEBATE ADJOURNED

The following Bill was taken up.

S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.

Rep. DAVENPORT explained the Bill.

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

S. 174--DEBATE ADJOURNED

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

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

S. 477--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, May 20, 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.

S. 1069--DEBATE ADJOURNED

Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, May 19, 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.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. KIRSH, for the minority, submitted an unfavorable report, on:

S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.

Ordered for consideration tomorrow.

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

S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.

Ordered for consideration tomorrow.

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

H. 4359 -- Reps. Law and Cato: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5151 -- Rep. Bailey: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF TERETHA "TERRY" LEMON-LINCOLN OF DORCHESTER COUNTY, IN WHOSE MEMORY A FLAG POLE AND PERMANENT PLAQUE WILL BE DEDICATED BY THE TRI-COUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE ON MAY 22, 1998, AND EXTENDING DEEPEST SYMPATHY TO MS. LEMON-LINCOLN'S FAMILY AND HER MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5152 -- Rep. Beck: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO SERGEANT ALECIA BODIE OF THE AIKEN COUNTY SHERIFF'S OFFICE FOR HER DEDICATION AND INVALUABLE ROLE AS A LAW ENFORCEMENT OFFICER.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5153 -- Rep. Beck: A HOUSE RESOLUTION TO COMMEND MASTER PUBLIC SAFETY OFFICER PHILLIP A. KESTIN OF AIKEN COUNTY ON PERFORMING HIS DUTIES IN A PROFESSIONAL MANNER AND ON HIS SERVICE TO HIS COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5154 -- Rep. Beck: A HOUSE RESOLUTION TO COMMEND AND EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO LIEUTENANT MARC TOOLE OF THE WACKENHUT, INC. SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT FOR HIS PERFORMANCE AS SHIFT SUPERVISOR AND TRAINING COORDINATOR IN A HIGHLY COMMENDABLE MANNER.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5155 -- Rep. Scott: A CONCURRENT RESOLUTION TO COMMEND MR. ROOSEVELT SANDY GILLIAM FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5156 -- Reps. Govan, Sharpe, Stuart, Felder, Cobb-Hunter, 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, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gourdine, 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, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING CHESTER J. TOMSON, JR., FOR HIS DEDICATED SERVICE AS COUNTY DIRECTOR OF ORANGEBURG COUNTY AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT FROM THIS POSITION, JUNE 30, 1998.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1234 -- Senators Washington and Jackson: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE REVEREND DR. LEROY CAIN, SR., OF LEXINGTON COUNTY, FOR FOUR DECADES OF SERVICE TO SOUTH CAROLINA AS A COMMUNITY LEADER, PASTOR, AND PUBLIC SERVANT.

Whereas, the Reverend Dr. Leroy Cain, Sr., is a native of Batesburg-Leesville, South Carolina; and

Whereas, Dr. Cain is the son of the late Reverend O.C. and Annie L. Cain; and

Whereas, Dr. Cain is married to Shirley Holmes Cain and has two children, Paula and Leroy Jr., three step-daughters, Betty, Michelle and Dawn Holmes, and ten grandchildren; and

Whereas, Dr. Cain was elected as the first African-American to the position of Assistant Sergeant-at-Arms of the South Carolina House of Representatives in 1976 where he served until his retirement on December 4, 1990, after a total of thirty-six years of service in state government; and

Whereas, Dr. Cain has been pastor of Zion Pilgrim Baptist Church for thirty-eight years; and

Whereas, Dr. Cain received his doctorate degree in the ministry from C.E. Graham Baptist College in March of 1994 and has received certificates from Benedict College, Morris College, Richland Memorial Hospital, Department of Mental Health and the Pastoral Conference in Hampton, Virginia; and

Whereas, Dr. Cain was presented the highest honor a South Carolina citizen is able to receive, "The Order of the Palmetto," by former Governor Carroll Campbell; and

Whereas, Dr. Cain had the distinct privilege of introducing the President of the United States, George Herbert Walker Bush, to the Joint Assembly of the South Carolina Legislature; and

Whereas, Dr. Cain was honored by the South Carolina Black Caucus with a plaque for his loyal and dedicated public service; and

Whereas, Dr. Cain is a member of the Ministerial Alliance of the Greater Columbia Area, Moderator of the Community Churches Easter Sunrise Service, and Chaplain of the National Legislative Association; and

Whereas, Dr. Cain's four decades of leadership, vision and public service for his community and his State has set an example for all South Carolinians to follow into the next century. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, publicly honor and commend the Reverend Dr. Leroy Cain, Sr., for four decades of outstanding service to South Carolina as a community leader, pastor, and public servant.

Be it further resolved that a copy of this resolution be forwarded to
the Reverend Dr. Leroy Cain, Sr.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1235 -- Senator Washington: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE ESTILL "LADY GATORS" GIRLS BASKETBALL TEAM AND ITS COACHES ON WINNING THE 1997-98 CLASS A STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1236 -- Senator Washington: A CONCURRENT RESOLUTION TO HONOR DR. LAVERNE LEBBY DAVIS, PRINCIPAL OF ST. HELENA ELEMENTARY SCHOOL IN BEAUFORT COUNTY, FOR HER OUTSTANDING LEADERSHIP IN THE SUCCESS OF HER STUDENTS AS THEIR STANDARDIZED TEST SCORES CLIMBED FROM WORST TO FIRST IN JUST SIX YEARS WITH HER AT THE SCHOOL'S HELM.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1237 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF JUDGE ELLEN HINES SMITH OF SPARTANBURG COUNTY, ONE OF THE LEADING CITIZENS OF SOUTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 1106 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.

Referred to Committee on Ways and Means.

H. 4700--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 14, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4700:

H. 4700 -- GENERAL APPROPRIATION BILL
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, BOAN and YOUNG-BRICKELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4702--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 14, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4702:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, BOAN and YOUNG-BRICKELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 1070--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22120CM.98), which was adopted.

Amend the bill, as and if amended, Section 56-5-4170, as contained in SECTION 1, Page 3, after Line 31, by adding:

/(G) Nothing in this section prevents a tenderer who is a railroad or a rail intermodal carrier and a motor carrier operator from agreeing to a different allocation of responsibility for compliance of a vehicle with the requirements of this section when the vehicle is owned or has been in the possession of or under the control of a railroad or rail intermodal carrier. This subsection does not apply to Section 56-5-4170(E)./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

S. 1070--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 1070 be read the third time tomorrow.

OBJECTION TO RECALL

Rep. HASKINS asked unanimous consent to recall S. 547 from the Committee on Ways and Means.

Rep. WITHERSPOON objected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5139 -- Reps. Howard, Cobb-Hunter, Clyburn, Cromer, Harvin, 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, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, 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, 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, Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE TWO-YEAR-OLD JOZI JEANAI GOODWIN, DAUGHTER OF JOSEPH GOODWIN AND THE HOUSE OF REPRESENTATIVES' OWN PAULETTE GOODWIN, ON BEING CROWNED MAY DAY QUEEN FOR FARROW HILLS DAY CARE FESTIVAL ON MAY 2, 1998.

ADJOURNMENT

At 12:10 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Eleanor M. Mundy of Greenwood County, to meet at 10:00 A.M. tomorrow.

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