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

TUESDAY, MAY 5, 1998

Tuesday, May 5, 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:

Forgive us, Lord, when sometimes our prayers are misconceived: we pray for all things that we may enjoy life; You give us life that we may enjoy all things. We are grateful that You never put us in a space too small in which to grow. Instead of seeking happiness somewhere else, give us the ability to find it where we are. And as we now move into the business before us, guide our minds, protect us from all error, and grant that no cloud may hide from us that light of Your constant presence.
To You, Father God, we give the praise and thanksgiving. 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. McGEE moved that when the House adjourns, it adjourn in memory of James Gladney McGee, of Hartsville, grandfather of Representative McGEE, which was agreed to.

INVITATIONS

On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.

April 28, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:
On behalf of BMW Manufacturing Corp., I would like to extend an invitation to the members of the SC House of Representatives to attend a luncheon on the Capitol Complex Grounds on Tuesday, May 12, 1998, at 12:30 P.M. or upon recess or adjournment.
The luncheon will follow a major economic development announcement at 11:30 A.M. and we would be honored to have the General Assembly join us for lunch at 12:30 P.M.
Thank you for your consideration.

Sincerely,
Carl W. Flesher, Jr., V.P.
Community and Corporate Relations

April 22, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:
The Associated Marine Institutes is sponsoring a Legislative Reception on May 12, 1998, from 6:30 P.M. to 9:00 P.M. at Midlands Marine Institute. The Institute is located at 1881 Shivers Road, Columbia, South Carolina 29210. All members of the legislature and staff are cordially invited to attend.
Transportation to and from the reception will be provided upon request. Please contact Roscoe Wilson, Jr. at (803) 252-2004 or myself at (803) 749-1636 for additional information.

KIDS FIRST!!
Tommy Whiteside, Chairman
Board of Trustees

REGULATION RECEIVED

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

Document No. 2306
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Hunt Units and Wildlife Management Area Regulations
Received By Speaker May 5, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date September 2, 1998
(Subject to Sine Die Revision)

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 2269
Promulgated By Department of Social Services
Statutory Authority: 1976 Code Sections 43-5-580(b), 20-7-852 (A), et seq.
Child Support Guidelines
Received By Speaker April 2, 1998
Referred to House Committee on Judiciary
120 Day Review Expiration Date July 31, 1998
Revised August 3, 1998
(Subject to Sine Die Revision)
House Judiciary Committee requested withdrawal April 28, 1998
Withdrawn and Resubmitted May 1, 1998

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1224 (Word version) -- Senators Wilson, Setzler, Ryberg, Lander and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GARY TAYLOR OF LEXINGTON ON HIS ELECTION AS 1998 RURITAN NATIONAL PRESIDENT.
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. 1225 (Word version) -- Senators Drummond, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HENRY J. CAUTHEN FOR OVER THIRTY YEARS OF DEDICATED AND DEVOTED SERVICE AS PRESIDENT OF SOUTH CAROLINA EDUCATIONAL TELEVISION, UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

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

H. 5113 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A HOUSE RESOLUTION CONGRATULATING THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS COUNTRY AND TRACK TEAM ON ITS 1997 BIG SOUTH CROSS COUNTRY CONFERENCE CHAMPIONSHIP, ITS SIXTH CONFERENCE CROWN IN THE PAST NINE YEARS; WISHING HEAD COACH ALAN CONNIE AND STAFF AND THE WOMEN ATHLETES CONTINUED SUCCESS IN CROSS COUNTRY AND INDOOR AND OUTDOOR TRACK COMPETITIONS; AND EXTENDING TO THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 14, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF PERSONALLY RECEIVING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Whereas, the Coastal Carolina University Women's Cross Country and Track team is the 1997 Big South Cross Country Conference Champion; and
Whereas, the team simply maintained its winning ways, having earned the cross country conference crowns in 1989, 1990, 1993, 1995, and 1996; and
Whereas, the nationally-ranked team has participated in six National Collegiate Athletic Association National Championships in the last four years in cross country, indoor track, and outdoor track; and
Whereas, two of the women athletes have already qualified for the National Championships in Outdoor Track this June in Buffalo, New York; and
Whereas, the team boasts a 1998 First Team All-American in Track and Field--distance and cross country runner Jolene Williams who finished second in the NCAA Division 1 Indoor Track and Field National Championships, just a half second out of first place; and
Whereas, Ms. Williams and her teammates are also outstanding performers in the classroom in recognition of Coach Alan Connie and his staff's emphasis on academics; and
Whereas, Ms. Williams is a sophomore with a 3.95 grade point average; Angela Murphy, a senior distance and cross country trackster, is a GTE first team Academic All-American; and the team as a whole has been a three-time All-American Academic Team, earning the honor in 1997 with the distinction of an overall grade point average of 3.3; and
Whereas, the efforts of the Coastal Carolina Women's Cross Country and Track Team and Coach Connie and his staff have brought honor to Horry County and the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives congratulate the Coastal Carolina University Women's Cross Country and Track Team on its 1997 Big South Cross Country Conference Championship, its sixth conference crown in the past nine years; wish head coach Alan Connie and staff and the women athletes continued success in cross country and indoor and outdoor track competitions; and extend to them the privilege of the floor of the House of Representatives on Thursday, May 14, 1998, at a time to be determined by the Speaker of the House of Representatives, for the purpose of personally receiving the congratulations and best wishes of the members of the House.
Be it further resolved that a copy of this resolution be presented to Coach Alan Connie on behalf of the team.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5114 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION CONGRATULATING HAROLD E. MCCARTY OF HONEA PATH ON RECEIVING THE PIEDMONT TECHNICAL COLLEGE ASSOCIATION'S 1998 DISTINGUISHED ALUMNI AWARD.
The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5115 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAURENCE MANNING ACADEMY SWAMPCATS VARSITY GIRLS BASKETBALL TEAM OF CLARENDON COUNTY, THE COACHES, AND OTHERS CONNECTED WITH THE SCHOOL ON A DATE TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF RECEIVING SPECIAL RECOGNITION FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION DIVISION AAA STATE BASKETBALL CHAMPIONSHIP FOR 1997.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Laurence Manning Academy Swampcats Varsity Girls Basketball Team of Clarendon County, the team's head coach, assistant coaches, the team's trainer, the team physician, the school's athletic director, and the school's headmaster, on a date and at a time to be determined by the Speaker of the House of Representatives, for the purpose of receiving special recognition for winning the South Carolina Independent Schools Athletic Association Division AAA state basketball championship for 1997.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5116 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS VARSITY GIRLS BASKETBALL TEAM OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION AAA STATE BASKETBALL CROWN FOR 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 5117 (Word version) -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McGEE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SCOTT objected.

Referred to Committee on Ways and Means.

S. 718 (Word version) -- 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.
Referred to Committee on Labor, Commerce and Industry.

S. 844 (Word version) -- Senators Courson, Leventis, Reese, Washington and Short: A BILL TO AMEND SECTION 41-43-250 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF CONFIDENTIAL INFORMATION SUBMITTED TO OR COMPILED BY THE JOBS ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO SPECIFY WHEN AND UNDER WHAT CIRCUMSTANCES INFORMATION IS DEEMED TO BE CONFIDENTIAL; TO REQUIRE THE AUTHORITY TO PROVIDE THE SENATE FINANCE COMMITTEE OR THE HOUSE WAYS AND MEANS COMMITTEE WITH ANY MATERIAL IT MAY REQUEST REGARDING A LOAN OR GRANT; AND TO REQUIRE FINAL APPROVAL BY THE GENERAL ASSEMBLY FOR LOANS INITIALLY APPROVED BY THE AUTHORITY THAT ARE GUARANTEED BY THE STATE.
Referred to Committee on Labor, Commerce and Industry.

S. 951 (Word version) -- Senators Drummond, McConnell, Courtney, Bryan, O'Dell and Waldrep: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS", AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Referred to Committee on Labor, Commerce and Industry.

S. 1000 (Word version) -- Senators Ford and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE OF CONSENT TO SEXUAL INTERCOURSE FOR AN UNMARRIED PERSON, SO AS TO RAISE THE AGE OF CONSENT FROM FOURTEEN TO SIXTEEN YEARS OF AGE.
Referred to Committee on Judiciary.

S. 1067 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY MEMBERS OF THE RETIREMENT SYSTEM WITH OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO HAS BEEN IN CONTINUOUS COVERED EMPLOYMENT FOR TEN YEARS MAY RECEIVE CREDITABLE SERVICE FOR ANY AMOUNT OF OUT-OF-STATE SERVICE.
Referred to Committee on Ways and Means.

S. 1075 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
Referred to Committee on Judiciary.

S. 1128 (Word version) -- Senators Holland, J. Verne Smith, McGill and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.
Referred to Committee on Labor, Commerce and Industry.

S. 1162 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
Referred to Committee on Judiciary.

S. 1173 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 57-7-210 AND 57-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSTRUCTIONS ON PUBLIC HIGHWAYS, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO APPROVE OBSTRUCTIONS ERECTED BY LOCAL GOVERNMENTS, INCLUDING SCHOOL DISTRICTS, IF THE OBSTRUCTION IS INTENDED TO PROTECT PROPERTY FROM VANDALISM.
Referred to Committee on Education and Public Works.

S. 1179 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
Referred to Committee on Labor, Commerce and Industry.

S. 1195 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
Referred to Committee on Education and Public Works.

S. 1212 (Word version) -- 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.
Referred to Committee on Labor, Commerce and Industry.

S. 1215 (Word version) -- 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.
Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison                   Altman                    Askins
Bailey                    Barfield                  Barrett
Battle                    Bauer                     Baxley
Beck                      Boan                      Bowers
Breeland                  Brown, G.                 Brown, H.
Brown, J.                 Brown, T.                 Byrd
Campsen                   Canty                     Carnell
Cato                      Cave                      Chellis
Clyburn                   Cobb-Hunter               Cooper
Cromer                    Dantzler                  Davenport
Delleney                  Easterday                 Edge
Emory                     Felder                    Fleming
Gamble                    Gourdine                  Govan
Hamilton                  Harrell                   Harris
Harrison                  Harvin                    Haskins
Hawkins                   Hines, J.                 Hines, M.
Hinson                    Howard                    Jennings
Jordan                    Keegan                    Kelley
Kinon                     Kirsh                     Klauber
Knotts                    Koon                      Lanford
Law                       Lee                       Limehouse
Littlejohn                Lloyd                     Loftis
Mack                      Maddox                    Martin
Mason                     McAbee                    McCraw
McGee                     McKay                     McLeod
McMahand                  McMaster                  Meacham
Miller                    Moody-Lawrence            Mullen
Neilson                   Phillips                  Pinckney
Quinn                     Rhoad                     Rice
Riser                     Robinson                  Rodgers
Sandifer                  Scott                     Sharpe
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  Stille                    Stoddard
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
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 5.

Lynn Seithel                       Joseph H. Neal
Bill Cotty                         Jackson S. Whipper
Robert W. Leach                    Kenneth Kennedy

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence for the week.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Woodrow W. Long, Jr., of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. TOWNSEND and the Anderson County Delegation presented to the House the T. L. Hanna High School NJROTC unit and their instructors.

H. 4943--CO-SPONSOR ADDED

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. 4943 (Word version)
DATE         ADD:
5/5/98           J.M. Knotts, Jr.

H. 5103--DEBATE ADJOURNED

Rep. MILLER moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

H. 5103 (Word version) -- Reps. Miller and T. Brown: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS.

S. 1196--DEBATE ADJOURNED

Rep. WILDER moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 1196 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS SCHOOL DISTRICTS 55 AND 56, SO AS TO CHANGE THE BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 TO CONFORM THEM WITH THE TRANSPORTATION LINES ESTABLISHED IN 1977 BY AN AGREEMENT BETWEEN THE BOARDS OF TRUSTEES FOR THE DISTRICTS.

S. 1190--DEBATE ADJOURNED

Rep. McGEE moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.

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

S. 1209--RECONSIDERED AND ORDERED
ENROLLED FOR RATIFICATION

Rep. SHEHEEN moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

S. 1209 (Word version) -- Senators Giese and Holland: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.
The Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4953--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 12, which was adopted.

H. 4953 (Word version) -- 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. 963--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, May 7, which was adopted.

S. 963 (Word version) -- 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.

S. 893--DEBATE ADJOURNED

Rep. LAW moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 893 (Word version) -- 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. 442--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 442 (Word version) -- 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.

S. 1186--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 1186 (Word version) -- 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. 1070--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 1070 (Word version) -- 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.

S. 477--DEBATE ADJOURNED

Rep. BARRETT moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 477 (Word version) -- 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. 1138--DEBATE ADJOURNED

Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Joint Resolution until Wednesday, May 6, which was adopted.

S. 1138 (Word version) -- 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.

ORDERED TO THIRD READING

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

H. 4902 (Word version) -- Reps. Robinson, Boan and D. Smith: A BILL TO AMEND SECTION 33-44-801, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVENTS CAUSING DISSOLUTION AND WINDING UP OF A LIMITED LIABILITY COMPANY'S BUSINESS, SO AS TO DELETE DISASSOCIATION OF A MEMBER AS A DISSOLVING EVENT AND TO DELETE REFERENCE TO FUTURE DISTRIBUTIONS; TO AMEND SECTION 33-44-103, RELATING TO AN OPERATING AGREEMENT AMONG MEMBERS OF A LIMITED LIABILITY COMPANY, SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SECTION 33-44-503, RELATING TO RIGHTS OF THE TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SECTION 33-44-603, RELATING TO THE EFFECT OF THE DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO THE PURCHASE OF A DISTRIBUTIONAL INTEREST BY A LIMITED LIABILITY COMPANY, ALL SO AS TO REFLECT THE DELETION OF DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY AS A DISSOLVING EVENT.
Rep. KLAUBER explained the Bill.

H. 5108 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; PATHOLOGY ASSISTANTS; SUPERVISED PROFESSIONAL EMPLOYMENT; AUDIOLOGY LICENSE-HEARING AID DISPENSING; CONTINUING EDUCATION, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2270, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BATTLE explained the Joint Resolution.

H. 4952--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 4952 (Word version) -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.
Reps. HARRISON, YOUNG, KLAUBER, FELDER, HARRELL, LLOYD, PINCKNEY, CAVE, J. SMITH, SIMRILL, HINSON and KIRSH requested debate on the Bill.

H. 5007--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 5007 (Word version) -- Reps. Wilkins and Klauber: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15617HTC.98), which was adopted.
Amend the bill, as and if amended, in the unnumbered item added in Section 15-41-30, as contained in SECTION 1B, Page 1, beginning on line 33, by striking /Section 408(a)/ and inserting /Sections 408(a) and 408A/ so that when amended, the unnumbered item added reads:
/"( )   Individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code. For purposes of this item, 'Internal Revenue Code' has the meaning provided in Section 12-6-40(A)."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KLAUBER explained the amendment.
The amendment was then adopted.

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

H. 4462--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 4462 (Word version) -- Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22099CM.98).
Amend the bill, as and if amended, page 4462-2, SECTION 2, by striking SECTION 2 in its entirety and inserting:
/SECTION   2.   The 1976 Code is amended by adding:
"Section 16-3-90.   When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder and, upon conviction, must be punished pursuant to the provisions contained in Article 1, Chapter 3, Title 16."/
Amend title to conform.

Rep. ALTMAN explained the amendment.

Reps. SCOTT, NEAL, LLOYD, PINCKNEY, GOURDINE, McMAHAND and MACK requested debate on the Bill.

S. 843--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 6, which was adopted.

S. 843 (Word version) -- 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.

H. 4983--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4983 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21516AC.98), which was adopted.
Amend the bill, as and if amended, in Section 16-17-722(A) before /file/ by inserting /knowingly/. So when amended subsection (A) reads:
"(A)   It is unlawful for a person to knowingly file a false police report."
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.
The amendment was then adopted.

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

H. 4922--DEBATE ADJOURNED

The following Bill was taken up.

H. 4922 (Word version) -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
Rep. HARRISON explained the Bill.

Rep. HARRISON moved to adjourn debate upon the Bill, which was adopted.

H. 4943--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 4943 (Word version) -- Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law, Riser and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9862DW.98).
Amend the bill, as and if amended, page 4943-1, line 28, by inserting after /costs/ / incurred by the winning candidate / so that when amended SECTION 1 reads:
/SECTION   1.   The 1976 Code is amended by adding:
"Section 7-17-75.   When a person protests an election in which he was a losing candidate on any grounds, other than on the disparity of the number of the ballots cast, that candidate must pay all costs incurred by the winning candidate associated with the protest process to the winning candidate if the board hearing the protest determines that the protest is frivolous and without merit."/
Amend title to conform.

Rep. HAWKINS explained the amendment.

Reps. NEAL, SCOTT, LLOYD, CANTY, GOURDINE and HINSON requested debate on the Bill.

RECURRENCE TO THE MORNING HOUR

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

H. 4799--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 30, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendment to H. 4799 and asks for a Committee of Conference and has appointed Senators Land, Cork and Washington of the Committee of Conference on the part of the Senate on H. 4799:
H. 4799 (Word version) -- 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

Whereupon, the Chair appointed Reps. RHOAD, SHARPE and WITHERSPOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

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

H. 5118 (Word version) -- Reps. Cave and Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MEMBERS AND COACHES OF THE SOUTH CAROLINA BOYS HIGH SCHOOL BASKETBALL ALL-STAR TEAM, WHICH WON THE CAROLINAS CLASSIC BOYS HIGH SCHOOL ALL-STAR GAME, ON WEDNESDAY, MAY 13, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR OUTSTANDING ACHIEVEMENT.
Be it resolved by the House of Representatives:
That pursuant to Rule 10.1 the privilege of the floor of the House of Representatives is extended to members and coaches of the South Carolina Boys High School Basketball All-Star team, which won the Carolinas Classic Boys High School All-Star game, on Wednesday, May 13, 1998, at a time to be determined by the Speaker, for the purpose of recognizing them for their outstanding achievement.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5119 (Word version) -- Education and Public Works Committee: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MATTHEW R. GATES, AN EXCEPTIONAL "SOUTH CAROLINA SEMESTER PROGRAM" STUDENT, FOR HIS EXEMPLARY SERVICE AS A LEGISLATIVE INTERN WITH THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE DURING THE 1998 LEGISLATIVE SESSION.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5120 (Word version) -- 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 WELCOMING THE HONORABLE ANTONIN SCALIA, ASSOCIATE JUSTICE OF THE UNITED STATES SUPREME COURT, TO SOUTH CAROLINA AND CONGRATULATING HIM ON RECEIVING THE PALMETTO LEADERSHIP AWARD DURING HIS VISIT TO THE PALMETTO STATE.
The Resolution was adopted.

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

ADJOURNMENT

At 1:10 P.M. the House in accordance with the motion of Rep. McGEE adjourned in memory of James Gladney McGee, of Hartsville, grandfather of Representative McGEE, to meet at 10:00 A.M. tomorrow.

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