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

TUESDAY, MAY 26, 1998

Tuesday, May 26, 1998
(Statewide Session)

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:

As we on yesterday, Lord, joined others in Memorial Day tribute, we pray now that we may continue to keep sacred the memory of our Nation's war dead. Keep steadfast our gratitude for those who have fought a good fight, nobly lived, bravely died, and kept the faith. In grateful remembrance, may we strengthen their efforts to win a new and better life. Grant that those weakened in body and mind may live useful lives among a grateful people.

And bless the work we do this day. Amid the busy pace of things visible and temporal may we ever witness to that which is invisible and eternal.

God of mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. YOUNG moved that when the House adjourns, it adjourn in memory of Paul Franklin Young of Goose Creek, uncle of Rep. YOUNG, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report, on:

H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION, FOR THE MANNER IN WHICH IT SELECTS ITS OFFICERS, FOR THE MANNER IN WHICH AN ANNUAL TAX LEVY IS IMPOSED AND COLLECTED, FOR THE MANNER IN WHICH MONIES MAY BE BORROWED, FOR THE MANNER IN WHICH CERTAIN FIRE PERSONNEL ARE EMPLOYED, AND FOR OTHER RELATED MATTERS.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. STUART, from the Orangeburg Delegation, submitted a favorable report, on:

S. 1233 -- Senator Hutto: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.

S. 1233--ORDERED TO THIRD READING

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

S. 1233 -- Senator Hutto: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.

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

HOUSE RESOLUTION

The following was introduced:

H. 5176 -- Reps. Wilkins, 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, 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, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE FORTHCOMING RETIREMENT OF ONE OF SOUTH CAROLINA'S MOST OUTSTANDING PUBLIC SERVANTS, ANNE D. FOSTER, AND TO HONOR AND PAY TRIBUTE TO OUR GOOD FRIEND FOR HER MANY YEARS OF DEDICATION AND INVALUABLE SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Whereas, Anne D. Foster's bright smile and pleasant demeanor has always been appreciated and will forever be missed by every member of the South Carolina House of Representatives and staff; and

Whereas, Anne Foster began her illustrious career in state government in the Administrative Offices of Governor John C. West, 1972-1974; she served as Governor James B. Edwards' personal secretary, 1974-1977; and beginning March 4, 1977, and continuing for the next twenty-one years, Anne has faithfully and admirably served the South Carolina House of Representatives as House Information Services Clerk; and

Whereas, Anne's responsibilities as House Information Service Clerk include coordinating notary public applications; preparing all House certificates; documenting certified appointees; maintaining the ever-changing lists of the House members to ensure accuracy, i.e., party affiliations, party changes, roster of the members of the House of Representatives by race, gender, nicknames, spouses' names, dates of birth, birthdays , and contacts for other state and federal agencies; in her spare time, she answers the many telephone calls received in the Clerk's Office and constantly monitors the delivery of all messages to ensure their prompt delivery to the House members and staff; and continues to go the extra mile for all who ask or may need assistance; and

Whereas, Anne is the very epitome of what a state employee should be, not only keeping up with her ever-changing duties and responsibilities--plus maintaining the central office for dissemination of jokes, but having a wealth of compassion for all who darken her door; and

Whereas, somehow she has found the time to inspire and nurture her four sons, three of whom have brought daughters-in-law into her life: Wayne and Kathy; Craig and Lisa; Keith and Jackie; and her beloved son, Barry. She is the proud and doting grandmother of three grandchildren: Kristina Marie; Taylor Ashlyn; and Amanda Jane; and

Whereas, it is not unusual to turn on your radio early in the mornings and hear Anne talking with her good friends on "Sunny 100" (WSCQ); and

Whereas, Anne is an exceptional individual and never meets a stranger -- if one appears lost, distressed, or just curious about her vast collection of frogs, rest assured they will leave with a big smile on their faces feeling as though they have known her forever; and

Whereas, as Anne Foster departs this body on June 30, 1998, no one, upon retiring, ever took with them as high a degree of respect and good wishes from so many devoted friends and associates; and

Whereas, she deserves the thanks and appreciation of every member of the House of Representatives for her excellent work and her lengthy and outstanding service to the Palmetto State; and

Whereas, Anne Foster embodies the best of what a state employee should be and her friends and colleagues wish her every best wish for health and happiness as she enters an exciting new world of retirement; and

Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations to recognize Anne Foster's exemplary service to the House of Representatives and to express their deepest appreciation to this wonderful lady as she departs this Chamber for the last time as a public servant. 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, express their deep disappointment upon learning of the forthcoming retirement of one of South Carolina's most outstanding public servants, Anne D. Foster, and honor and pay tribute to our good friend for her many years of dedication and invaluable service to the South Carolina House of Representatives.

Be it further resolved that a copy of this resolution be presented to Anne D. Foster.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5177 -- Rep. Meacham: A HOUSE RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BOYS' "YELLOW JACKETS" TENNIS TEAM OF YORK COUNTY AND ITS COACHES ON WINNING THE 1998 CLASS AAA STATE TENNIS CHAMPIONSHIP, THEIR FIFTH CONSECUTIVE STATE CHAMPIONSHIP, AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL BOYS' "YELLOW JACKETS" TENNIS TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 27, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE TENNIS CHAMPIONSHIP.

Whereas, the Fort Mill High School Boys' "Yellow Jackets" Tennis Team of York County defeated Myrtle Beach 5-1 to win the 1998 Class AAA State Tennis Championship; and

Whereas, by beating top ranked Myrtle Beach for the second year in a row, the Yellow Jackets captured a remarkable fifth consecutive Class AAA State Tennis Championship; and

Whereas, this accomplishment would have not been possible without the hard work and dedication exhibited by the members of the tennis team as well as the inspiration and determination instilled in these young men by Head Coach Willie Ware, who has guided the team for the past twenty-two years, and the members of his coaching staff; and

Whereas, this truly outstanding record is a genuine source of pride to the citizens and residents of the Town of Fort Mill, York County, and 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 Fort Mill High School Boys' "Yellow Jackets" Tennis Team, Head Coach Willie Ware, and his staff on winning the 1998 Class AAA State Tennis Championship and for winning their fifth consecutive state championship.

Be it further resolved that the privilege of the floor of the House of Representatives is extended to the Fort Mill High School "Yellow Jackets" Boys' Tennis Team, coaches, and other school officials on Wednesday, May 27, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated on winning the 1998 Class AAA State Tennis Championship.

Be it further resolved that a copy of this resolution be forwarded to Fort Mill High School in Fort Mill, South Carolina.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5178 -- Reps. Wilkins, 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, 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, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO CONGRATULATE THE CHRIST CHURCH EPISCOPAL SCHOOL'S GOLF TEAM ON ITS THIRD CONSECUTIVE CLASS A STATE GOLF CHAMPIONSHIP, AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COACH R. J. BEACH, THE TEAM MEMBERS, AND OTHER REPRESENTATIVES OF THE GREENVILLE SCHOOL ON WEDNESDAY, MAY 27, 1998.

Whereas, Christ Church Episcopal School of Greenville came back from a two-stroke deficit to post an eleven-stroke win over host Johnsonville for the Class A State Golf Championship May 16, 1998; and

Whereas, this season's title is the third consecutive for the Cavaliers and their fifth state crown overall; and

Whereas, last year's state win was by a seventy-stroke margin, a near-record performance; and

Whereas, Coach R. J. Beach readies his team for its consistently outstanding showing in championship play by scheduling regular season matches with Class AAA and AAAA teams; and

Whereas, that strategy has produced a Class A powerhouse with a tradition for winning; and

Whereas, the program also produced four members of the Class A All-State team: senior Andrew Crane, junior Jackson Hughes, sophomore Christian Anderson, and freshman Corbett Cummings; and

Whereas, Crane won the individual championship with a score of 152 and earned a slot on the North All-Star team scheduled to play in the North-South All-Star golf match at Kiawah Island; and

Whereas, Cavalier golfers Thomas Schipper, Alex McLean, Chris Brumback, Shepard Wallace, and Brent Abbott contributed mightily to the Christ Church stellar team effort of 634 shots for thirty-six holes at the Wellman Club. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives congratulate Christ Church Episcopal School's golf team on its third consecutive Class A State Golf Championship; and

Be it further resolved that the privilege of the floor of the House of Representatives be extended to Coach R. J. Beach, the team members, and other representatives of the Greenville school on Wednesday, May 27, 1998, for purposes of recognizing the team's consistently superior performance on the links; and

Be it further resolved that a copy of this resolution be presented to Coach R. J. Beach on behalf of the team.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5179 -- Rep. Mason: A HOUSE RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" BOYS TENNIS TEAM AND HEAD COACH MIKE HICKS ON CAPTURING THE 1997-98 CLASS AAAA STATE TENNIS CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACH, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 27, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.

Whereas, the South Aiken High School "Thoroughbreds" Boys Tennis Team put away Spring Valley High School to clinch the 1997-98 Class AAAA State Tennis Championship; and

Whereas, that's how its been all season long for the Thoroughbreds, who methodically marched to a perfect 22-0 mark, crushing all who stood in their way and culminating in a 5-0 shellacking of their latest victim, Spring Valley; and

Whereas, South Aiken, which won the school's first state title in boys tennis, did the job with quick precision. It took less than an hour of work to win the third state title this year for South Aiken, following the lead of the girls tennis team and the boys basketball team; and

Whereas, this impressive level of competition could not have been accomplished without the leadership and excellent coaching abilities of Head Coach Mike Hicks. Coach Hicks, in his first year at the helm, hasn't been to a state championship since he was in high school himself; and

Whereas, the South Aiken High School Boys Tennis Team for 1997-98 included: Evan Keith Bromley; Harry Cho Cantey; Roderick Lee Cantey; Phillip Hong Chow; Michael Douglas Huffer; Jay Thomas Ingle; Rakesh Dinesh Jasani; Patrick Ryan Parsons; Rakesh G. Patel; Matthew Brandon Robinson; and Jacob Bernard Sintich; 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 South Aiken High School; and

Whereas, these fine young athletes have brought great pride and recognition not only upon South Aiken 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 hereby offer their congratulations to the South Aiken High School "Thoroughbreds" Boys Tennis Team and Head Coach Mike Hicks on capturing the 1997-98 Class AAAA State Tennis Championship and provide that the team, coach, and school officials shall be granted the privilege of the floor of the House of Representatives on Wednesday, May 27, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.

Be it further resolved that a copy of this resolution be presented to Head Coach Mike Hicks.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5180 -- Rep. Riser: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILLIAM F. MILHOLLAND, JR., FOR HIS OUTSTANDING SERVICE AS PASTOR OF ZION LUTHERAN CHURCH IN LEXINGTON, AND TO WISH HIM THE BEST AS HE ASSUMES NEW PASTORAL RESPONSIBILITIES IN NORTH CAROLINA.

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

HOUSE RESOLUTION

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

H. 5181 -- Rep. Knotts: A HOUSE RESOLUTION EXTENDING THE GLENFOREST SCHOOL "BULLDOGS" BOYS BASKETBALL TEAM OF LEXINGTON COUNTY, THEIR HEAD COACH WILLIAM KNOPF, AND HIS STAFF THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 27, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF PERSONALLY RECEIVING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives:

That the Glenforest School "Bulldogs" Boys Basketball Team of Lexington County, their Head Coach William Knopf, and his staff are extended the privilege of the floor of the South Carolina House of Representatives on Wednesday, May 27, 1998, at a time to be determined by the Speaker for the purpose of personally receiving the congratulations and best wishes of the members of the South Carolina House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5182 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. 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 CONGRATULATING THE HONORABLE JOHN L. SCOTT, JR., ON HIS MANY ACCOMPLISHMENTS DURING HIS TENURE AS CHAIRMAN OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS.

Whereas, for the past two years, the Honorable John L. Scott, Jr., has served as Chairman of the South Carolina Legislative Black Caucus with honor and distinction; and

Whereas, among his many accomplishments during his tenure as Chairman, Representative Scott led the effort to have the portraits of former Speakers of the South Carolina House of Representatives, Samuel J. Lee and Robert Brown Elliott, placed in the Chambers of the House of Representatives, spearheaded the effort to begin a dialogue between the Governor, Columbia Urban League, the South Carolina N.A.A.C.P. and the Legislative Black Caucus regarding legislation that would abolish Affirmative Action, oversaw the establishment of the Legislative Black Caucus' Annual Gala, and helped establish the B. J. Gordon Memorial Fund; and

Whereas, he has represented House District Number 77 since December 4, 1990, and during that period has distinguished himself as a member of the House Judiciary, Ethics, Rules and Medical, Military, Public and Municipal Affairs Committees; and

Whereas, prior to his service in the General Assembly, Representative Scott served on the Richland County Council; and

Whereas, as owner and broker-in-charge of J. L. Scott Realty Company, Inc., in the City of Columbia, he is a successful businessman who has led the effort to provide economic development opportunities in the Midlands Region of the State; and

Whereas, Representative Scott obtained his Bachelor of Science Degree from South Carolina State University; and

Whereas, he is a member of Ebenezer Baptist Church in Columbia, where he serves as the Clerk and as a member of the Trustee Board; and

Whereas, Representative Scott is married to the former Joan Crouch and together they are the proud parents of one son; and

Whereas, the members of the General Assembly would like to take this opportunity to publicly thank and commend our colleague, John Scott, for his outstanding leadership as Chairman of the South Carolina Legislative Black Caucus for the past two years. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution commends the Honorable John L. Scott, Jr., of Richland County, for his service to the citizens of his House District and the State of South Carolina and for his many accomplishments during his tenure as Chairman of the Legislative Black Caucus.

Be it further resolved that a copy of this resolution be presented to the Honorable John L. Scott, Jr.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1247 -- Senator Matthews: A CONCURRENT RESOLUTION TO DESIGNATE MAY AS NATIONAL COMMUNITY ACTION MONTH IN THIS STATE, RECOGNIZE THE OUTSTANDING CONTRIBUTIONS AND ACHIEVEMENTS MADE BY COMMUNITY ACTION AGENCIES IN SOUTH CAROLINA, AND EXPRESS APPRECIATION FOR THE VALUABLE BENEFITS PROVIDED TO CITIZENS OF THIS STATE.

Whereas, South Carolina's fifteen Community Action Agencies (CAAs) are among nearly 1,000 nonprofit, private, and public organizations across the United States, originally established under the Economic Opportunity Act of 1964 to fight America's War on Poverty; and

Whereas, CAAs are governed by uniquely structured tripartite boards of directors, whose members come from three diverse segments of local communities, with at least one-third from the low income community, up to one-third from the private sectors, and exactly one-third public officials or their representatives; and

Whereas, CAAs serve 98% of our nation's cities and counties, including all of South Carolina's 46 counties, and are a primary source of support for the more than 38 million Americans and over 517,000 South Carolinians living in poverty in both rural and urban areas; and

Whereas, for 34 years, CAAs have been consistently successful in leveraging an average of thirteen dollars nationally and over eleven dollars statewide in 1997 for every one dollar of core funding received under the state administered, federal Community Services Block Grant (CSBG); and

Whereas, National Community Action Month was established in 1997 and brings together CAAs in a national effort to share stories of success and honor the dedication of volunteers and the personal achievements of individuals who have benefitted from the diverse programs of community action; and

Whereas, the South Carolina Association of Community Action Agency Directors, on behalf of the state's fifteen agencies, joins this effort to (1) recognize the many accomplishments achieved by CAAs and the valuable benefits to individuals and families served by CAAs in our State; (2) demonstrate appreciation for the diligent work of CAA staff and volunteers; and (3) promote awareness of poverty-related issues in South Carolina and the need for continued vigilance in America's War on Poverty. Now, therefore,

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

That the members of the General Assembly designate May as National Community Action Month in this State, recognize the outstanding contributions and achievements made by community action agencies in South Carolina, and express appreciation for the valuable benefits provided to citizens of this State.

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. 1250 -- Senator Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE FORREST SHERWOOD McKENZIE FOR A DISTINGUISHED CAREER AT PYA/MONARCH, INC. ON THE OCCASION OF HIS RETIREMENT.

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

INTRODUCTION OF BILLS

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

H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

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

H. 5184 -- Rep. Jennings: A BILL TO AMEND TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-9-435 SO AS TO INCREASE THE COMPENSATION BY TWENTY-FIVE PERCENT IN CASES OF WILFUL OR RECKLESS NONCOMPLIANCE WITH REGULATIONS OR ORDERS; TO AMEND SECTION 42-1-160, AS AMENDED, RELATING TO DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO INCLUDE GRADUAL INJURIES INCURRED BY REPEATED PERFORMANCE OF JOB DUTIES; TO AMEND SECTION 42-1-540, RELATING TO EXCLUSIVITY OF REMEDY IN WORKERS' COMPENSATION, SO AS TO PROVIDE FOR EMPLOYEE RIGHTS AGAINST AN EMPLOYER FOR RECKLESS, WILFUL, WANTON, OR INTENTIONAL WRONGDOING; TO AMEND SECTION 42-1-560, RELATING TO RIGHTS AND REMEDIES AGAINST A THIRD PARTY, SO AS TO PROVIDE FOR FORFEITURE OF THE CARRIER'S LIEN ON A RECOVERY WHEN THE CARRIER FAILS TO PAY ONE-HALF THE EXPENSES OF PURSUING A THIRD-PARTY AS THE EXPENSES ARE INCURRED; TO AMEND SECTION 42-3-20, RELATING TO THE MEMBERSHIP AND DUTIES OF THE INDUSTRIAL COMMISSION, SO AS TO CHANGE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS WHO ARE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY THE GOVERNOR; TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO PROOF OF INSURANCE OR ABILITY TO PAY, TO PROVIDE FOR QUALIFICATION AND REGULATION OF GROUP SELF-INSURERS BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 42-9-10, RELATING TO TOTAL DISABILITY, SO AS TO PROVIDE THAT COMPENSATION FOR TOTAL DISABILITY APPLIES REGARDLESS OF THE AVAILABILITY OF OTHER COMPENSATION; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO A SCHEDULE FOR COMPENSATION FOR CERTAIN INJURIES, SO AS TO INCREASE THE PERIODS OF DISABILITY FOR CERTAIN INJURIES; TO AMEND SECTION 42-9-40, RELATING TO COMPENSATION FOR HERNIA, SO AS TO PROVIDE FOR COMPENSATION FOR TOTAL DISABILITY; TO AMEND SECTION 42-9-390, RELATING TO VOLUNTARY SETTLEMENTS SO AS TO PROVIDE PENALTIES FOR FAILURE TO MAKE PAYMENTS IN A TIMELY FASHION; TO AMEND SECTION 42-15-60, RELATING TO FURNISHING OF MEDICAL TREATMENT AND SUPPLIES BY THE EMPLOYER, SO AS TO REQUIRE THAT THEY BE FURNISHED FOR THE LIFETIME OF THE EMPLOYEE; TO AMEND SECTION 42-15-90, RELATING TO FEES AND CHARGES, SO AS TO PROVIDE CRIMINAL PENALTIES FOR A HEALTH CARE PROVIDER WHO DEMANDS PAYMENT BEFORE FINAL ADJUDICATION OF THE CLAIM OR WHO CHARGES AN EXCESSIVE FEE AND TO REQUIRE TIMELY PAYMENT TO A HEALTH CARE PROVIDER; TO AMEND SECTION 42-17-60, AS AMENDED, RELATING TO APPEAL OF THE COMPENSATION AWARD, SO AS TO PROVIDE FOR AN APPEAL PROCEDURE LIKE THE FAMILY COURT APPEAL PROCEDURE, NOTWITHSTANDING THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 42-17-90, RELATING TO CHANGE OF CONDITION, SO AS TO PROVIDE FOR A FORMULA FOR DETERMINING ADDITIONAL COMPENSATION; AND TO REPEAL SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE INDUSTRIAL COMMISSION.

Referred to Committee on Labor, Commerce and Industry.

S. 1082 -- Senator Peeler: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

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

HOUSE RESOLUTION

The following was introduced:

H. 5185 -- Reps. Boan, Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, 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, 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, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MR. HERBERT CURRY GRANGER OF GREENVILLE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CIVIC LEADERS, FOR HIS MANY YEARS OF OUTSTANDING PUBLIC SERVICE TO HIS STATE, THE NATION, HIS COMMUNITY, AND THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, UPON HIS RETIREMENT FROM THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5186 -- Reps. Jennings and A. Harris: A CONCURRENT RESOLUTION CONGRATULATING THEE CHRISTMAS FESTIVAL OF BENNETTSVILLE, AND ITS FOUNDER, SPONSORS, PROMOTERS, AND VOLUNTEERS FOR WINNING THE 1998 AWARD FOR MOST OUTSTANDING FESTIVAL IN A COMMUNITY OF 5,000 TO 15,000 PERSONS, AND WISHING THE FESTIVAL CONTINUED SUCCESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5187 -- Reps. Vaughn and Haskins: A CONCURRENT RESOLUTION CONGRATULATING BRENDA HART OF GREENVILLE COUNTY ON BEING CHOSEN "OUTSTANDING YOUNG AGRICULTURAL EDUCATION TEACHER IN SOUTH CAROLINA" FOR 1997.

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

ROLL CALL

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

Altman                 Askins                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Byrd                   Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Felder                 Fleming
Gamble                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Littlejohn             Lloyd
Loftis                 Maddox                 Mason
McAbee                 McGee                  McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scott
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 26.

Joe E. Brown                      Becky Rogers Martin
C. Anthony Harris, Jr.            E. DeWitt McCraw
George Campsen III                David James Mack III
Alfred B. Robinson, Jr.           Bradley L. Jordan
Jerry N. Govan, Jr.               H.B. Limehouse III
Jackson S. Whipper                Clementa C. Pinckney
Fletcher Nathaniel Smith, Jr.     Theodore A. Brown
Ralph W. Canty                    Daniel L. Tripp
Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence for the day due to a business conference trip.

The SPEAKER granted Rep. HARVIN a leave of absence for the week due to attending a conference.

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Ralph Shealy of Mt. Pleasant is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.

ORDERED TO THIRD READING

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

S. 1238 -- Senator Moore: 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.

S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.

Rep. MASON explained the Bill.

S. 1215 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.

Rep. MASON explained the Bill.

S. 936 -- Senators J. Verne Smith and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125, SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.

Rep. BATTLE explained the Bill.

H. 4876 -- Rep. Cromer: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.

Rep. BREELAND explained the Bill.

H. 5166 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. COTTY explained the Joint Resolution.

H. 4953--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Wednesday, May 27, 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.

S. 442--OBJECTIONS

The following Bill was taken up.

S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9847MM.98).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 12-45-90 of the 1976 Code is amended to read:

"Section 12-45-90.     Taxes shall be are payable in the following kinds of funds and no other: silver coin, United States currency, United States postal money orders, and checks subject to collection, and credit cards if the county governing body approves payment by credit card. The county governing body authorizing acceptance of credit card payments must impose a surcharge upon the payer by credit card equal to or less than the amount of a discount or administrative fee charged to or incurred by the local government. When a person voluntarily elects to make a payment to a local government by credit card and a surcharge is imposed, payment of any surcharge by the payer is mandatory and nonrefundable under all circumstances.

Jury certificates and per diem of witnesses in the circuit court and all county claims which have been approved and certificates issued by the governing body of the county shall be are receivable for taxes due the county in which such the services were rendered or such the claims approved, not including school taxes."

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

Amend title to conform.

Rep. CATO explained the amendment.

Rep. SHEHEEN objected to the Bill.

Rep. CATO continued speaking.

Reps. PINCKNEY, KENNEDY, NEAL, INABINETT, LLOYD, SCOTT and STUART objected to the Bill.

S. 718--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.

S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.

S. 1212--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.

S. 1212 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.

S. 757--DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.

S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.

S. 758--REQUESTS FOR DEBATE

The following Bill was taken up.

S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.

Rep. YOUNG explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. YOUNG moved to table the motion, which was agreed to.

Reps. SCOTT, MOODY-LAWRENCE, CAVE, HOWARD, INABINETT, LLOYD and GOVAN requested debate on the Bill.

S. 981--ORDERED TO THIRD READING

The following Bill was taken up.

S. 981 -- Senator Giese: A BILL TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REQUIRE AN ASSOCIATE DEGREE WITH ONE YEAR OF ON-SITE SUPERVISED EXPERIENCE RATHER THAN A HIGH SCHOOL EDUCATION.

Rep. BATTLE explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

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

H. 5003--DEBATE ADJOURNED

The following Bill was taken up.

H. 5003 -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS WHEN THE AGREEMENT CREATING THE COUNCIL PROVIDES FOR MEMBERSHIP OF ANY MEMBERS OF THE GENERAL ASSEMBLY ON THAT POLICYMAKING BODY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1977DW.98).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Section 6-7-130 of the 1976 Code is amended to read:

"Section 6-7-130.     Each county and municipality executing the agreement creating the regional council of government shall must be a member. Representation of members on the policymaking body of the regional council of government shall must be as prescribed in the agreement creating the council of governments. The agreement shall specify the procedure for the appointment of representatives of the member local governments; provided, however, at least a majority of the members of the policymaking body shall must be members of the governing bodies of the participating cities and counties. Provided, further, that a resident member of the General Assembly must be appointed by their respective resident county legislative delegation from each county comprising the council with these members serving ex officio. If a county has no resident member of the General Assembly, then the county council shall select a member of the General Assembly who represents some or all of the county in question to serve ex officio. The representatives of the members serving on the policymaking body shall serve without salary for a term of four years; however, such these representatives may be reimbursed for expenses incurred in the performance of their duties. The regional council of government shall adopt bylaws designating the officers and their method of selection and providing for the conduct of its business." /

Amend title to read:

/TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY./

Renumber sections to conform.

Rep. ASKINS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 27, which was adopted.

SPEAKER IN CHAIR

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

S. 778--RECONSIDERED

The motion of Rep. NEAL to reconsider the vote whereby the following Bill was tabled was taken up.

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.

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

Yeas 85; Nays 23

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barfield               Battle                 Baxley
Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cromer                 Dantzler
Davenport              Edge                   Emory
Felder                 Gamble                 Gourdine
Govan                  Hamilton               Harris
Harrison               Hawkins                Hines, J.
Hines, M.              Hinson                 Howard
Inabinett              Jennings               Kinon
Klauber                Knotts                 Law
Leach                  Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Martin                 Mason                  McAbee
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Moody-Lawrence         Mullen                 Neal
Pinckney               Quinn                  Rhoad
Rice                   Rodgers                Sandifer
Scott                  Seithel                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Young
Young-Brickell

Total--85

Those who voted in the negative are:

Barrett                Bauer                  Beck
Bowers                 Cotty                  Delleney
Easterday              Fleming                Harrell
Keegan                 Kelley                 Kirsh
Koon                   Lanford                Loftis
McCraw                 Miller                 Neilson
Robinson               Sheheen                Wilkes
Witherspoon            Woodrum

Total--23

So, the motion to reconsider was agreed to.

ACTING SPEAKER CATO IN CHAIR
SPECIAL PRESENTATION

Rep. WILKINS presented to the House Anne D. Foster recognizing her for the many years of service to the House upon her retirement.

SPEAKER IN CHAIR
RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1126:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 893:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 5188 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. JAMES A. BLAKE, SR., OF MARION COUNTY ON RECEIVING THE "LIFETIME ACHIEVEMENT AWARD" FROM THE MARION COUNTY DIVISION OF THE AMERICAN HEART ASSOCIATION.

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

INTRODUCTION OF BILL

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

H. 5189 -- Rep. Edge: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT AND COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH MEMBERS ARE APPOINTED EFFECTIVE JULY 1, 1998.

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

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

ADJOURNMENT

At 1:15 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of Paul Franklin Young of Goose Creek, uncle of Rep. YOUNG, to meet at 10:00 A.M. tomorrow.

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