South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 1689 . . . . . Tuesday, April 6, 1999

Tuesday, April 6, 1999
(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:

In the rhythm of the changing Seasons, we see Your blueprint for creation and Your guiding hand, good Lord. Remind us each day that You bring all living things to life and that You sustain us in life. You are Lord of clouds and wind, of rain and sunshine. Your are the sovereign God of both nature and human nature. We praise You for our nourishment by the Spring showers and the daily sunshine. Forgive us for our frequent complaining and grumbling; instead give us thankful thoughts as we observe Your love in the blessings of each day that come without number. Be with us "lest we forget, lest we forget." 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 Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. YOUNG-BRICKELL moved that when the House adjourns, it adjourn in memory of Mrs. Jamie Myers, the First Lady of Summerville, which was agreed to.

RESIGNATION

April 5, 1999
Mr. David H. Wilkins, Speaker
508 Blatt Building
Columbia, SC 29201

Dear Speaker Wilkins:


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I hereby resign my seat as a member of the House of Representatives, representing House District 85. This resignation is effective April 5, 1999.
Thank you for your support during my years of service.

Sincerely,
Andre Bauer
Received as information.

INVITATION

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

April 6, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

There has been a change in location for the annual PSA-sponsored appreciation social and catfish dinner scheduled for 6:00 to 8:30 P.M. on Wednesday, April 14, 1999, for all members of the SC General Assembly and their staff. The event will be held in the Concourse of the Carolina Coliseum. Entry should be made through the gate on the north side-located across from the Koger Center.

Please make this change to the event which has already been confirmed on the legislative calendar. If you need further information, please call Louise Newell at 864-656-3642 or you may reach her by e-mail at [email protected].

Sincerely
John W. Kelly

REPORTS OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan,


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Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 604 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3821 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY TIGERS BASKETBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF CLEMSON UNIVERSITY, ON WEDNESDAY, APRIL 7, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR MAGNIFICENT 1998-99 SEASON.

Be it resolved by the House of Representatives:


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That the privilege of the floor of the House of Representatives be extended to the Lady Tigers basketball team, coaches, support personnel, and officials of Clemson University, on Wednesday, April 7, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their magnificent 1998-99 season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3822 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE HOUSE OF REPRESENTATIVES TO RUDOLPH ANDREAS "ANDRE" BAUER FOR HIS EXCELLENT YEARS OF SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 85, TO THE HOUSE OF REPRESENTATIVES, ITS ELECTED LEADERSHIP, AND TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR FRIEND AND COLLEAGUE AS HE ASSUMES HIS NEW ELECTED POSITION REPRESENTING DISTRICT 18 OF THE SENATE OF SOUTH CAROLINA.


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Whereas, the Honorable Andre Bauer has, since 1997, represented the citizens of District 85, Lexington County, in the House of Representatives; and

Whereas, Representative Bauer is a self-employed businessman who graduated from the University of South Carolina in business and who was named Mr. U.S.C. in 1989; and

Whereas, his enthusiasm for being elected to the House of Representatives and his willingness to work hard at his new job were exhibited by Representative Bauer when he was elected the Secretary-Treasurer of the Freshman Caucus in 1997, and when he was elected the Second Vice-Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee; and

Whereas, Andre was elected to the position of First Vice-Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee for this session; and

Whereas, as a lawmaker, he has been a dedicated member of the House of Representatives; he has worked extremely hard for his constituents, he is accessible, and they hear from him regularly; and

Whereas, his dedication to his legislative position was evident as he was the principal sponsor of thirty-seven bills and resolutions in his freshman session; and

Whereas, by sponsoring and marshalling through the legislative process the bill requiring schools to specifically dedicate time to teach about the United States Constitution and the Declaration of Independence, Representative Bauer showed his dedication to the ideals of patriotism, service to one's country and state, and education for our youth of these important principles; and

Whereas, Representative Bauer has made a large impact on the House of Representatives during his service here and he will be greatly missed by all the representatives; and

Whereas, as Representative Bauer now moves over to assume the position of the Senator representing District 18 which encompasses the counties of Newberry and Saluda and portions of Lexington and Union


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counties, we, the members of the House of Representatives, extend to him our very best wishes and also take comfort in the fact that he will not be far away, but just across the hall in the State House, and that we will have regular contact with him; and

Whereas, we express our deepest gratitude that we have had the honor and pleasure of being part of the legislative process with him, and our gratitude that Representative Bauer chooses to continue as a public servant and to work for the people of our great State. Now, therefore,

Be it resolved by the members of the House of Representatives that we express the appreciation of the body to Rudolph Andreas "Andre" Bauer for his excellent years of service to the constituents of House District 85, to the House of Representatives, its elected leadership, and to the citizens of the State of South Carolina, and to extend best wishes to our friend and colleague as he assumes his new elected position representing District 18 of the Senate of South Carolina.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3823 (Word version) -- Reps. Allison, Allen, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND


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THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", WENDY WILLIS OF FOUNTAIN INN, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

Whereas, the members of the General Assembly are proud to have the opportunity to recognize our current "Miss South Carolina," Wendy Willis of Fountain Inn; and

Whereas, prior to winning the title of "Miss South Carolina," Miss Willis was crowned Miss Camden; and

Whereas, this outstanding and loving young lady is the daughter of Randy and Linda Willis; and

Whereas, Miss Willis graduated Cum Laude from Clemson University in 1996 with a major in speech and communications and a minor in music. During her tenure at Clemson she maintained a 3.66/4.0 Overall GPA, with a 3.97/4.0 Major GPA. She plans to return to Clemson University in the future and earn a Master's Degree in Business Administration; and

Whereas, Miss Willis' other accomplishments include: Miss Clemson University 1993; Opening act for Bob Hope and singing back-up for Barry Manilow; winner of Mastercard American Collegiate Talent Search at Clemson University; and serving on the Board of the Kershaw Center Disabilities Foundation; and

Whereas, Miss Willis' main platform issue is promoting the awareness of and support for the mentally and physically challenged. She feels that despite the Americans with Disability Act, adults with mental and physical disabilities continue to face barriers in American work places and neighborhoods, both attitudinal and physical barriers are preventing individuals with disabilities from working and living in our communities as we do. She has promoted this platform issue by raising $79,473 and devoted 873 hours for these individuals' special needs; adopting a multi-handicapped child (Christopher) and meeting his special needs to help him become a "winner" and reach his full potential as a member of society; and in collaboration with the


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Kershaw County Board of Disabilities and Special Needs, has helped construct a greenhouse which will provide job training and opportunities for people with disabilities for many years to come; and

Whereas, Miss Willis is presently employed as Director of Community Relations for BI-LO Center; and

Whereas, Miss Willis' aspirations for the future are to pursue a career in the sports and entertainment industry; and

Whereas, Wendy Willis is not only brilliant in the academic sphere, she is also a caring and generous human being of deeply-rooted family values and impeccably high standards; and

Whereas, we are extremely proud of Wendy Willis and are delighted to recognize our "Miss South Carolina" who is a goodwill ambassador and role model for our State and a representative of the Palmetto State who is making a difference. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, extend their best wishes and heartfelt congratulations to our current "Miss South Carolina," Wendy Willis of Fountain Inn, on the special occasion of "Miss South Carolina Appreciation Day."

Be it further resolved that a copy of this resolution be presented to "Miss South Carolina," Wendy Willis.

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. 3824 (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 CHIROPRACTIC EXAMINERS,


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RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 3827 (Word version) -- Reps. W. McLeod and Wilder: A BILL TO AMEND SECTIONS 9-1-1140, 9-9-50, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO


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ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE.
Referred to Committee on Ways and Means

H. 3828 (Word version) -- Reps. Witherspoon, Sharpe and Hayes: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION AND FUND, AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH TOBACCO PRODUCT MANUFACTURERS; AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 126, SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO SETTLEMENT FOUNDATION AND FUND AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND THE DISTRIBUTION OF MONIES RECEIVED BY THE STATE PURSUANT TO THE MASTER SETTLEMENT AGREEMENT WITH THE TOBACCO PRODUCT MANUFACTURERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3830 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 1, CHAPTER 43 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS OF LAW GOVERNING THE LICENSING AND REGULATION OF


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INSURANCE AGENTS, BY ADDING SECTION 38-43-25 SO AS TO PROVIDE THAT A MOTOR VEHICLE RENTAL COMPANY AND ITS AGENTS OR EMPLOYEES MAY, INCIDENTAL TO A RENTAL TRANSACTION, SELL AND COLLECT PREMIUMS FOR OPTIONAL TRAVEL OR MOTOR VEHICLE-RELATED INSURANCE COVERAGES WITHOUT BEING DEEMED "INSURANCE AGENTS", AND PROVIDE THAT THE AGENTS AND EMPLOYEES OF SUCH COMPANY ARE EXEMPT FROM ALL PROVISIONS OF LAW APPLICABLE TO INSURANCE AGENTS.
Referred to Committee on Labor, Commerce and Industry

H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.
Referred to Committee on Education and Public Works

H. 3832 (Word version) -- Rep. Townsend: A BILL TO AMEND ARTICLE 1, CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL SCHOLARSHIPS AND LOANS, BY ADDING SECTION 59-111-70 SO AS TO PROVIDE FOR GARNISHMENT OF THE WAGES OF AN INDIVIDUAL WHO DEFAULTS ON A STUDENT LOAN


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AGREEMENT WITH THE FEDERAL FAMILY EDUCATION LOAN PROGRAM OR THE SOUTH CAROLINA STUDENT LOAN CORPORATION OR STATE EDUCATION ASSISTANCE AUTHORITY TO THE EXTENT IT MAKES, INSURES, OR GUARANTEES A LOAN THROUGH THAT FEDERAL PROGRAM, OR OTHER GUARANTY OF SUCH A LOAN, TO ESTABLISH PROCEDURES FOR NOTICE, TO PROHIBIT EMPLOYER RETALIATION AGAINST AN EMPLOYEE WHOSE WAGES ARE GARNISHED, TO PROVIDE FOR ATTORNEY'S FEES IN A SUIT TO ENFORCE THAT PROTECTION, TO PROVIDE FOR DEFENSES AGAINST AND APPEAL OF A GARNISHMENT ACTION, AND TO SPECIFY EXEMPT DEBTORS.
Referred to Committee on Judiciary

H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Referred to Committee on Ways and Means

H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING


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THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.
Referred to Committee on Ways and Means

H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE


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PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE'S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 12-6-4910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION

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12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF THE DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; AND TO REPEAL SECTIONS 12-6-5590 RELATING TO REVISION OF THE ASSESSED TAX, 12-54-35 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 12-54-40 RELATING TO PENALTIES IN CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.
Referred to Committee on Ways and Means

H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL


Printed Page 1704 . . . . . Tuesday, April 6, 1999

OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.
Referred to Committee on Ways and Means

S. 70 (Word version) -- Senators Hayes and Elliott: 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.
Referred to Committee on Judiciary


Printed Page 1705 . . . . . Tuesday, April 6, 1999

S. 333 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE BEEN IN PRACTICE FOR TWENTY-FIVE YEARS CONTINUOUSLY; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Referred to Committee on Ways and Means

S. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME


Printed Page 1706 . . . . . Tuesday, April 6, 1999

TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.
Referred to Committee on Labor, Commerce and Industry

S. 660 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE, OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3837 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan,


Printed Page 1707 . . . . . Tuesday, April 6, 1999

Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING LINDA M. FRANKLIN, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION, FOR HER DEDICATED HARD WORK WITH THAT ASSOCIATION AND FOR HER HUMANITARIAN SPIRIT, AND COMMENDING HER FOR HER EFFORTS AND ACCOMPLISHMENTS IN MAKING THE PALMETTO STATE SAFE FOR FAMILIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3838 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LIONS OF DANIEL HIGH SCHOOL IN CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

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

H. 3839 (Word version) -- Rep. Walker: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS,


Printed Page 1708 . . . . . Tuesday, April 6, 1999

PARENTS, AND OFFICIALS FROM O.P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH CAROLINA, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the O.P. Earle Elementary School in Landrum, South Carolina, at a date and time to be determined by the Speaker, for the purpose of being recognized and honored by the members of the House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3840 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE O. P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH CAROLINA, FOR ITS EXTREMELY SUCCESSFUL EFFORTS IN EDUCATING ITS STUDENTS WHICH HAVE RESULTED IN THE SCHOOL BEING SINGLED OUT WITH AWARDS AND ACCOLADES BY THE STATE DEPARTMENT OF EDUCATION AND THE INTERNATIONAL READING ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3841 (Word version) -- Reps. Harvin and M. McLeod: A CONCURRENT RESOLUTION SALUTING THE CLARENDON COUNTY STRIPED BASS FESTIVAL ON THE OCCASION OF THE FESTIVAL'S TWENTIETH ANNIVERSARY (TO BE HELD THIS YEAR FROM APRIL 9-18, 1999), AND WISHING MANY MORE


Printed Page 1709 . . . . . Tuesday, April 6, 1999

YEARS OF SUCCESS TO THE FESTIVAL ORGANIZERS AND GOOD CITIZENS OF CLARENDON COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3842 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A # 13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.
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:

Allen                  Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harvin

Printed Page 1710 . . . . . Tuesday, April 6, 1999

Haskins                Hawkins                Hayes
Hines J.               Hines M.               Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 6.

Merita Allison                    Harry Askins
Ralph Canty                       Eldridge Emory
Fletcher Smith                    Anthony Harris
James Harrison                    Leon Howard
James Klauber                     Steve Lanford
Joseph Neal                       Clementa Pinckney
Richard Quinn                     Theodore Brown
Daniel Tripp                      Jackson Whipper

Total Present- 118


Printed Page 1711 . . . . . Tuesday, April 6, 1999

LEAVE OF ABSENCE

The SPEAKER granted Rep. MACK a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COTTY a leave of absence for the day due to an out of town commitment.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the 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."

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
04/06/99   KLAUBER

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
04/06/99   HAWKINS

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
04/06/99   W. MCLEOD


Printed Page 1712 . . . . . Tuesday, April 6, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3734 (Word version)
Date:     ADD:
04/06/99   ALLEN

CO-SPONSOR REMOVED

Bill Number:   H. 3828 (Word version)
Date:     REMOVE:
04/06/99   RHOAD

H. 3777 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.

Reps. R. SMITH, MASON and CLYBURN proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3382STD99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Notwithstanding any other provision of law, for the year 1999, a tax millage of up to ninety-seven mills is authorized to be levied for the operations of the school district of Aiken County as determined by the governing board of the district. /
Amend title to conform.

The amendment was then adopted.

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


Printed Page 1713 . . . . . Tuesday, April 6, 1999

SENT TO THE SENATE

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

H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.

H. 3398 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20347SD99):
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:

"Section 15-77-300.   In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or


Printed Page 1714 . . . . . Tuesday, April 6, 1999

any a political subdivision or agency of the State, the court, chief procurement officer, Administrative Law Judge Division, procurement review panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1)   The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY moved to adjourn debate on the amendment, which was agreed to.

Reps. EASTERDAY and HARRISON proposed the following Amendment No. 2 (Doc Name KGH\AMEND\15519SD99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

(1)   The court finds that the agency acted without substantial justification in pressing its claim against the party; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

In any civil action or administrative proceeding, a prevailing private party may be awarded attorney's fees against the State, or a


Printed Page 1715 . . . . . Tuesday, April 6, 1999

political subdivision or agency of the State, if the court, chief procurement officer, administrative law judge, procurement review panel, or other appropriate tribunal finds that:

(1)   the State, or a political subdivision or agency of the state, acted without substantial justification in bringing or defending its claims against the prevailing private party; and

(2)   there are no special circumstances that would make the award of attorney's fees unjust.

The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
SECTION   2.   Section 15-77-310 of the 1976 Code is amended to read:

"Section 15-77-310.   The A private party entitled to attorney's fees shall petition for the attorney's fees within thirty days following the later of:

(1)   final disposition of the case.; or

(2)   the issuance of a final administrative decision.

The petition must be supported by an affidavit setting forth the basis for the request."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20347SD99), which was tabled.
Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/
When amended Section 15-77-300 shall read:

"Section 15-77-300.   In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief


Printed Page 1716 . . . . . Tuesday, April 6, 1999

procurement officer, Administrative Law Judge Division, procurement review panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1)   The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, except as provided by law."
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY moved to table the amendment, which was agreed to.

Rep. W. MCLEOD spoke against the Bill.
Rep. W. MCLEOD moved to table the Bill, which was not agreed to by a division vote of 9 to 62.

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

S. 620 -- AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED


Printed Page 1717 . . . . . Tuesday, April 6, 1999

INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.

Reps. KLAUBER and HAWKINS proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22261CM99), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   (A)   The Department of Public Safety may not sell, provide, or furnish to a private party a person's height, weight, race, social security number, photograph, or signature in any form that has been compiled for the purpose of issuing the person a driver's license or special identification card. The department shall not release to a private party any part of the record of a person under fifteen years of age who has applied for or has been issued a special identification card.

(B)     A person's height, weight, race, photograph, signature, and digitized image contained in his driver's license or special identification card record are not public records.

(C)   Notwithstanding another provision of law, a private person or private entity shall not use an electronically-stored version of a person's photograph, social security number, height, weight, race, or signature for any purpose, when the electronically-stored information was obtained from a driver's license record.
SECTION   2.   The provisions contained in Section 1 are effective for a period of twenty-five years unless the period is extended by the General Assembly.
SECTION   3.   This joint resolution takes effect upon approval by the Governor. /
Amend title to conform.

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

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


Printed Page 1718 . . . . . Tuesday, April 6, 1999

H. 3356 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee, Rice, Simrill, Klauber, Hawkins and W. McLeod: A BILL TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11276MM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Chapter 4, Title 30 of the 1976 Code is amended by adding:

"Section 30-4-160.   (A)   This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party personal information on height, weight, and race or Social Security numbers in its records or copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.

(B)   Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
SECTION   2.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-545.   (A)   The Department of Public Safety may not sell, provide, or otherwise furnish to a private party personal information on height, weight, or race, Social Security numbers, copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.


Printed Page 1719 . . . . . Tuesday, April 6, 1999

(B)   Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records.

(C)   Notwithstanding any other provision of law, a private person may not use an electronically stored version of the photograph, Social Security number, height, weight, race, or signature of a person for any purpose if the electronically stored information was obtained from a driver's license record.
SECTION   3.   This act takes affect upon approval by the Governor. /
Amend title to conform.

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

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

H. 3790 -- COMMITTED

The following Bill was taken up:

H. 3790 (Word version) -- Reps. Rhoad, Carnell, Neilson, Hayes, Lloyd, Knotts, Bowers, Taylor, Wilder, Ott, McCraw, Witherspoon, W. McLeod, Koon, Barrett, Miller, Battle, Bailey, Phillips, Cotty, Rutherford, Keegan, Delleney, J. Brown, D. Smith, Gourdine and Whatley: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Rep. RISER moved to commit the Bill to the Committee on Ways and Means, which was agreed to.


Printed Page 1720 . . . . . Tuesday, April 6, 1999

H. 3509 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham, Sandifer and Neal: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9061SOM99), which was adopted.
Amend the bill, as and if amended, Section 16-13-510(D) as contained in SECTION 1, page 2, line 18, by striking /five/ and inserting /ten/ so that when amended (D) shall read:

/(D)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322./
Amend title to conform.

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

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

H. 3500 -- POINT OF ORDER

The following Bill was taken up:

H. 3500 (Word version) -- Reps. Hawkins, Klauber and Fleming: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A


Printed Page 1721 . . . . . Tuesday, April 6, 1999

MEMBER OF A MUNICIPAL OR COUNTY ELECTION COMMISSION FROM PARTICIPATING IN CERTAIN POLITICAL ACTIVITY, SO AS TO PROVIDE THAT A MEMBER IS NOT ELIGIBLE FOR REAPPOINTMENT ONCE REMOVED FROM A COMMISSION BY THE GOVERNOR.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 36 -- POINT OF ORDER

The following Bill was taken up:

S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.

POINT OF ORDER

Rep. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3547 -- POINT OF ORDER

The following Bill was taken up:

H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE


Printed Page 1722 . . . . . Tuesday, April 6, 1999

SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.

Rep. EASTERDAY explained the Bill.

POINT OF ORDER

Rep. EASTERDAY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3807 -- POINT OF ORDER

The following Bill was taken up:

H. 3807 (Word version) -- Reps. Inabinett, Bailey, Beck, Breeland, J. Brown, Emory, J. Hines, M. Hines, Lee, Littlejohn, Lloyd, Mack, Neal, Phillips, Pinckney, Rhoad, Rutherford, Stuart and Whipper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE BINGO TAX ACT, SO AS TO PROVIDE DIFFERENT HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE ADVERTISING AND OPERATING THE GAME FOR SENIOR CITIZENS; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE CLASSES OF BINGO LICENSES, SO AS TO PROVIDE SPECIFIC HOURS FOR A SESSION OF BINGO FOR A CLASS C LICENSEE OPERATING THE GAME FOR SENIOR CITIZENS.

Rep. HASKINS proposed the following Amendment No. 1 (Doc Name H-PROTEM\AMEND\TEHBINGO):
Amend the bill, as and if amended, by inserting at the end of Section 12-21-3990 (A) the following:
(7)   the use of electronic gaming equipment of any type is strictly prohibited.
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS explained the amendment.


Printed Page 1723 . . . . . Tuesday, April 6, 1999

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3809 -- REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 3809 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIO ON "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY INCLUDING PASSENGER MOTOR VEHICLES, RECREATIONAL VEHICLES, PICKUP TRUCKS, TRAILERS, MOTORCYCLES, BOATS, AND PRIVATE AIRCRAFT, AND EXCLUDING UNITS OF MANUFACTURED HOUSING AND COMMERCIALLY OPERATED AIRCRAFT, ALL AS DEFINED BY LAW, AND PROVIDING AN ASSESSMENT RATIO FOR THIS NEW CLASS EQUAL TO NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE DECLINING OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT AND TO PROVIDE EFFECTIVE DATES.

Reps. H. BROWN, R. SMITH, WOODRUM, WALKER, HASKINS, RISER, MCKAY, BARRETT, RICE, MASON, SANDIFER and KELLEY requested debate on the Joint Resolution.

H. 3815 -- REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 3815 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE THE LANGUAGE FOR THE EXPLANATION OF THE CONSTITUTIONAL BALLOT COMMISSION FOR THE AMENDMENT TO THE CONSTITUTION OF THIS STATE PROPOSED PURSUANT TO H. 3809 OF 1999.


Printed Page 1724 . . . . . Tuesday, April 6, 1999

Reps. ROBINSON, RICE, H. BROWN, D. SMITH, WOODRUM, SANDIFER, KEEGAN, KELLEY, YOUNG-BRICKELL, R. SMITH, ALLISON, BARRETT, LITTLEJOHN, HASKINS and LEACH requested debate on the Joint Resolution.

H. 3812-- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3812 (Word version) -- Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.

POINT OF ORDER

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


Printed Page 1725 . . . . . Tuesday, April 6, 1999

H. 3482 -- POINT OF ORDER

The following Bill was taken up:

H. 3482 (Word version) -- Reps. Kelley, Altman, Bales, J. Brown, Cooper, Edge, Keegan, Miller, Sandifer and Witherspoon: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED USES OF REVENUES FROM THE LOCAL HOSPITALITY TAX, SO AS TO CLARIFY THAT THE USE OF THESE REVENUES FOR CULTURAL, RECREATIONAL, OR HISTORIC FACILITIES IS LIMITED TO SUCH FACILITIES SUBSTANTIALLY USED OR VISITED BY TOURISTS.

POINT OF ORDER

Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. CATO asked unanimous consent to recall H. 3811 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SHEHEEN objected.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 3843 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE COMPETITIVE CHEER SQUAD, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF


Printed Page 1726 . . . . . Tuesday, April 6, 1999

BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE COMPETITION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the competitive cheer squad, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state competition.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3844 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CROSS COUNTRY TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE CROSS COUNTRY CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the cross country team, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state cross country championship.

The Resolution was adopted.


Printed Page 1727 . . . . . Tuesday, April 6, 1999

HOUSE RESOLUTION

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

H. 3845 (Word version) -- Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF DANIEL HIGH SCHOOL OF CENTRAL, SOUTH CAROLINA, ON WEDNESDAY, APRIL 14, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the football team, coaches, support personnel, and officials of Daniel High School of Central, South Carolina, on Wednesday, April 14, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA state football championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3846 (Word version) -- Reps. McGee and McKay: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.

Whereas, a causal relationship exists between obesity and a number of serious disorders, including hypertension, dyslipidemia, cardiovascular disease, type-two diabetes, gallbladder disease, respiratory dysfunction, gout, and osteoarthritis; and

Whereas, the National Institute of Diabetes and Digestive and Kidney Diseases provides information which indicates that nearly eighty


Printed Page 1728 . . . . . Tuesday, April 6, 1999

percent of patients with diabetes mellitus are obese, and the incidence of symptomatic gallstones soars as a person's body mass index increases beyond a certain level; and

Whereas, the information also reveals that nearly seventy percent of diagnosed cases of cardiovascular disease are related to obesity, obesity more than doubles a person's chances of developing high blood pressure, almost half of breast cancer cases are diagnosed among obese women, and forty-two percent of colon cancer cases are among obese individuals; and

Whereas, obesity ranks second only to smoking as a preventable cause of death and results in some three hundred thousand deaths annually; and

Whereas, it is estimated that thirty-five percent of the adult population is obese, and the prevalence of obesity grew a shocking thirty-four percent in the last ten years; and

Whereas, a 1997 study by Kaiser Permanente indicated that the total direct costs of obesity-related disease in the United States in 1990 was 45.8 billion dollars; and

Whereas, the Kaiser study concluded that there is a significant potential for a reduction in health care expenditures through obesity prevention efforts; and

Whereas, there is an urgent need for state health care groups and medical societies to place obesity at the top of South Carolina's health care agenda; and

Whereas, many physicians do not treat obesity because they mistakenly believe there is no treatment for it; and

Whereas, the National Institute of Health, the American Society for Bariatric Surgery, and the American Obesity Association recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and

Whereas, the diagnosis of morbid obesity should be a clinical decision made by a physician based on proper medical protocols; and


Printed Page 1729 . . . . . Tuesday, April 6, 1999

Whereas, the recent breakthroughs in drug therapy can treat obesity successfully, and the New England Journal of Medicine recently emphasized the legitimate use of pharmacotherapy as a component of treatment of medically significant obesity; and

Whereas, the new breakthroughs in obesity treatment are not widely known and efforts must be made to inform the general public and health care professionals that pharmacotherapy can be used as an effective and cost-effective treatment for obesity; and

Whereas, there also is great concern regarding the effect obesity in children may have on their overall health, health care costs, and treatment; and

Whereas, making June of each year Obesity Awareness Month in South Carolina, is critical to raise the awareness of the public and private sectors that obesity is a treatable disease and that proper treatment will reduce health care costs and improve the quality of life for many of our citizens. Now, therefore,

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

That the members of the General Assembly declare the month of June of each year as Obesity Awareness Month in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3847 (Word version) -- Reps. Harris and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE B. C. MOORE AND SONS, INC. OF CHERAW FOR MORE THAN SEVENTY-FIVE YEARS OF EXCELLENCE IN RETAIL BUSINESS AS ONE OF THE LARGEST PRIVATELY OWNED DEPARTMENT STORE CHAINS IN THE SOUTHEAST AND FOR ITS GENEROUS CORPORATE SUPPORT OF CHESTERFIELD COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1730 . . . . . Tuesday, April 6, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3848 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE DANIEL HIGH SCHOOL COMPETITIVE CHEER SQUAD OF CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 STATE CLASS AAA COMPETITION AND BEING NAMED STATE CHAMPIONS.
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. 3849 (Word version) -- Rep. F. Smith: A BILL TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF THE SHERIFF FOR ACTS OF THE DEPUTY, SO AS TO PROVIDE THAT A DEPUTY MAY BE SUED IN HIS INDIVIDUAL CAPACITY FOR CONDUCT OR NEGLECT OF DUTY WHICH VIOLATES CLEARLY ESTABLISHED STATUTORY OR CONSTITUTIONAL RIGHTS.
Referred to Committee on Judiciary

H. 3850 (Word version) -- Rep. McKay: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COLLECTION AND ENFORCEMENT OF LEVIED AND ASSESSED TAXES BY ADDING SECTION 12-54-67, SO AS TO PROVIDE FOR ELECTION OF QUARTERLY INSTALLMENT PAYMENTS OF AD VALOREM TAXES ON REAL PROPERTY, SECTION 12-54-68, SO AS TO PROVIDE FOR CERTAIN COUNTY TREASURERS TO DESIGNATE AND ATTEND SAFE AND CONVENIENT PLACES FOR COLLECTING TAXES, AND SECTION 12-54-69 TO PROVIDE FOR THE MEDIA OF PAYMENT ACCEPTABLE FOR PAYMENT OF TAXES; TO AMEND SECTION 4-1-170, AS AMENDED, RELATING TO JOINT DEVELOPMENT OF AN INDUSTRIAL OR A BUSINESS PARK BY COUNTIES, SO AS TO PROVIDE THAT THE PROPERTY


Printed Page 1731 . . . . . Tuesday, April 6, 1999

ASSOCIATED WITH AN INDUSTRIAL OR A BUSINESS PARK IS EXEMPT FROM AD VALOREM TAXATION EXCEPT THAT THE OWNERS SHALL PAY A FEE IN LIEU OF PROPERTY TAX OR AN AMOUNT EQUIVALENT TO THE PROPERTY TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE FOR LIMITED EXEMPTION BY ORDINANCE FROM MUNICIPAL AD VALOREM TAXATION OF CERTAIN NEW MANUFACTURING ESTABLISHMENTS AND ADDITIONS TO EXISTING MANUFACTURING ESTABLISHMENTS; AND TO REPEAL SECTIONS 12-4-755 AND 12-4-770, BOTH RELATING TO APPEALS OF PROPERTY TAX DETERMINATIONS, AND SECTIONS 12-45-75, 12-45-80, AND 12-45-90, ALL RELATING TO THE COLLECTION BY THE COUNTY OF AD VALOREM TAXES.
Referred to Committee on Ways and Means

H. 3851 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-39-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTION OF ASSESSMENTS AND OTHER ERRORS AND ADJUSTMENTS IN VALUATION AND ASSESSMENT FOR FIRE DAMAGE IN CONNECTION WITH TAXATION OF PROPERTY, SO AS TO PROVIDE FOR ADJUSTMENT OF VALUATION AND ASSESSMENT OF REAL PROPERTY DAMAGED, NOT JUST BY FIRE, BUT BY ANY FORCE MAJEURE; AND TO AMEND SECTION 12-45-180, AS AMENDED, RELATING TO PENALTIES ON AND COLLECTION OF DELINQUENT TAXES, SO AS TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TAX REQUIRED AS SHOWN ON A RETURN INCLUDING CHANGES IN EXISTING TIME DEADLINES, COMPUTATION OF PENALTY INTEREST ON THE TAXES OWED PLUS PENALTY PREVIOUSLY IMPOSED, AND ADDITION OF THESE PENALTIES TO INTEREST DUE ON LATE TAXES AS PROVIDED IN SECTION 12-54-25.
Referred to Committee on Ways and Means

H. 3852 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR


Printed Page 1732 . . . . . Tuesday, April 6, 1999

PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Ways and Means

H. 3853 (Word version) -- Rep. McKay: A BILL TO AMEND SECTION 12-37-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRORATION OF TAXES UPON THE TRANSFER OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY SO AS TO LIMIT ITS APPLICATION TO WATERCRAFT AND AIRCRAFT TITLED, REGISTERED, OR LICENSED BY AN AGENCY AND TO PROVIDE FOR FILING OF A PRORATION FORM AND FOR DETERMINING APPROPRIATE MILLAGE.
Referred to Committee on Ways and Means

H. 3854 (Word version) -- Reps. Cooper, Sharpe, Cato, Meacham, Trotter and Vaughn: A JOINT RESOLUTION TO ESTABLISH AN AMERICAN INDIAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE DISSOLUTION OF THE COMMISSION.
Referred to Committee on Judiciary

H. 3855 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, 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 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO,


Printed Page 1733 . . . . . Tuesday, April 6, 1999

AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Referred to Committee on Labor, Commerce and Industry

H. 3856 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3857 (Word version) -- Reps. Seithel, Harrison, Jennings, Simrill, Allen, Allison, Barrett, Battle, Beck, Cato, Chellis, Davenport, Gilham, Harris, Hayes, Keegan, Knotts, Leach, Lourie, Lucas, Maddox, Mason, Miller, Moody-Lawrence, Rice, Sandifer, F. Smith, J. Smith, Stille, Stuart, Vaughn, Walker, Whatley and Young-Brickell: A BILL TO AMEND SECTION 20-7-8505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND EXCEPTIONS TO THAT CONFIDENTIALITY MADE FOR CERTAIN OFFENSES TO REPORT THE STUDENT AND THE ADJUDICATION TO THE PRINCIPAL OF THE SCHOOL THE STUDENT ATTENDED OR ATTENDS, SO AS TO ADD THE OFFENSE OF TORTURING OR KILLING AN ANIMAL AS ONE TO BE REPORTED TO THE SCHOOL ADMINISTRATION; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO MAKE CERTAIN MISDEMEANOR OFFENSES FELONIES AND TO PROVIDE THAT A MINOR CONVICTED OF OR ADJUDICATED DELINQUENT FOR THE OFFENSE OF TORTURING OR KILLING AN ANIMAL SHALL BE ORDERED TO UNDERGO A PSYCHOLOGICAL EVALUATION BY THE JUDGE; TO AMEND SECTION 59-63-370, AS AMENDED, RELATING TO THE NOTIFICATION OF THE SENIOR ADMINISTRATOR AT A STUDENT'S SCHOOL WHEN THE STUDENT IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR CERTAIN OFFENSES, SO AS TO ADD THE OFFENSE OF TORTURING OR KILLING AN ANIMAL AS AN OFFENSE FOR WHICH TO NOTIFY THE SENIOR ADMINISTRATOR OF THE SCHOOL WHERE THE STUDENT IS ENROLLED.
Referred to Committee on Judiciary


Printed Page 1734 . . . . . Tuesday, April 6, 1999

H. 3858 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND SECTION 4-9-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE ASSETS, PROPERTIES, AND RESPONSIBILITIES OF A PUBLIC SERVICE DISTRICT FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER LOCATED WITHIN THE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE SERVICES MUST BE CLINICAL AND THAT THE TRANSFER MUST BE TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER IN THE DISTRICT, LIMIT THE APPLICATION OF THIS SECTION TO A HOSPITAL PUBLIC SERVICE DISTRICT, PROVIDE THAT THE REFERENDUM REQUIREMENT IS NOT NECESSARY FOR A TRANSFER TO CERTAIN ENTITIES, AND PROVIDE THAT THE DISTRICT MAY BE DISSOLVED UPON THE COMPLETION OF THE TRANSFER AND ASSUMPTION OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT.
Referred to Committee on Judiciary

MOTION PERIOD

The motion period was dispensed with on motion of Rep. EASTERDAY.

Rep. KELLEY moved that the House recede until 2:30 P.M., which was agreed to.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

LEAVE OF ABSENCE

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


Printed Page 1735 . . . . . Tuesday, April 6, 1999

H. 3677 -- INTERRUPTED DEBATE

The following Joint Resolution was taken up:

H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. ALTMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3282MM99), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:

"Section 7.   No lottery shall ever be allowed or be advertised by newspapers, or otherwise, or its tickets sold in this State. The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, shall not be deemed a lottery prohibited by this section. All games of chance and gambling activities including, but not limited to, a lottery, bingo, and video gaming machines, are lawful, and all state statutes and county and municipal ordinances prohibiting games of chance and gambling activities of any kind are null and void."
SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article XVII of the Constitution of this State be amended so as to delete references to the prohibition on lotteries, their advertising, and ticket sales and all references to bingo; and to provide that all games of chance and gambling activities including, but not limited to, a lottery, bingo, and video gaming machines, are lawful, and all state statutes and county and municipal ordinances prohibiting games of chance and gambling activities of any kind are null and void?

Yes   []
No   []


Printed Page 1736 . . . . . Tuesday, April 6, 1999

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 102; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barrett
Battle                 Beck                   Breeland
Brown G.               Brown H.               Brown T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott

Printed Page 1737 . . . . . Tuesday, April 6, 1999

Sharpe                 Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--102

Those who voted in the negative are:

Altman                 Mason

Total--2

So, the amendment was tabled.

Rep. HASKINS moved to recommit the Joint Resolution.
Rep. SCOTT moved to table the motion.

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

Yeas 75; Nays 29

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Battle
Beck                   Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cobb-Hunter            Dantzler               Edge
Emory                  Gamble                 Govan
Harrell                Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod M.

Printed Page 1738 . . . . . Tuesday, April 6, 1999

McLeod W.              McMahand               Miller
Moody-Lawrence         Neilson                Ott
Parks                  Pinckney               Rhoad
Riser                  Rodgers                Rutherford
Scott                  Smith D.               Smith F.
Smith J.               Smith R.               Stuart
Townsend               Vaughn                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

Total--75

Those who voted in the negative are:

Altman                 Barrett                Campsen
Cato                   Cooper                 Davenport
Delleney               Easterday              Fleming
Gilham                 Hamilton               Harris
Haskins                Kirsh                  Koon
Leach                  Loftis                 Mason
Meacham                Rice                   Robinson
Sandifer               Sharpe                 Simrill
Stille                 Tripp                  Trotter
Walker                 Witherspoon

Total--29

So, the motion to recommit was tabled.

Rep. W. McLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20375STD99), which was tabled.
Amend the resolution, as and if amended, in Section 7, Article XVII of the Constitution as contained in SECTION 1 by striking beginning on line 27, page 1, /Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law./ and inserting /Only the State may conduct lotteries which shall be known as education lotteries to be conducted in the manner that the General Assembly provides by law. /
Amend further, as and if amended, by striking /education purposes/ on line 35, page 1, and inserting /public school education/


Printed Page 1739 . . . . . Tuesday, April 6, 1999

Amend further, as and if amended, in SECTION 2, by inserting after /lotteries/ on line 9, page 2, /known as education lotteries/ and by inserting before /education/ on line 14, page 2, /public school/
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. MCLEOD explained the amendment.
Rep. TRIPP moved to table the amendment, which was agreed to.

Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\AMEND\3276MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the net proceeds must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SCOTT continued speaking.
Rep. SCOTT moved to table the amendment.

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

Yeas 63; Nays 50


Printed Page 1740 . . . . . Tuesday, April 6, 1999

Those who voted in the affirmative are:
Allen                  Askins                 Bailey
Battle                 Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Edge                   Emory
Gamble                 Gourdine               Govan
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Kelley                 Kennedy                Knotts
Law                    Lee                    Lloyd
Lourie                 Maddox                 McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Phillips               Pinckney               Quinn
Rhoad                  Robinson               Rutherford
Scott                  Seithel                Sheheen
Smith J.               Smith R.               Stuart
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Young-Brickell

Total--63

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Campsen                Cato                   Davenport
Delleney               Easterday              Fleming
Gilham                 Hamilton               Harris
Haskins                Hawkins                Hines M.
Keegan                 Kirsh                  Klauber
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mason                  McGee                  McKay
Meacham                Neilson                Rice
Riser                  Rodgers                Sandifer
Sharpe                 Simrill                Smith D.
Smith F.               Stille                 Taylor
Townsend               Tripp                  Trotter

Printed Page 1741 . . . . . Tuesday, April 6, 1999

Vaughn                 Walker                 Wilkins
Witherspoon            Woodrum

Total--50

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\AMEND\3277MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the payoff on each winning lottery ticket must be withheld by the State and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the payoff on each winning lottery ticket must be withheld by the State and used as the General Assembly shall direct to combat the social and law enforcement problems created by excessive or compulsive gambling and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 68; Nays 40

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Edge                   Emory
Gamble                 Govan                  Harrell
Harrison               Harvin                 Hayes
Hines J.               Hinson                 Inabinett
Jennings               Kelley                 Kennedy

Printed Page 1742 . . . . . Tuesday, April 6, 1999

Knotts                 Law                    Lee
Lloyd                  Lourie                 Maddox
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Parks                  Pinckney               Quinn
Rhoad                  Robinson               Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith D.               Smith F.
Smith J.               Smith R.               Stuart
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Campsen
Cato                   Davenport              Delleney
Easterday              Fleming                Gilham
Hamilton               Harris                 Haskins
Hawkins                Keegan                 Kirsh
Klauber                Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 Mason
Meacham                Phillips               Rice
Riser                  Sandifer               Sharpe
Simrill                Stille                 Taylor
Townsend               Trotter                Vaughn
Walker

Total--40

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. ALTMAN proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\AMEND\3278MM99), which was tabled.


Printed Page 1743 . . . . . Tuesday, April 6, 1999

Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Twenty-five percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to prevent sexual and physical child abuse and to care for, treat, and maintain programs to comfort and heal children who are sexually and physically abused. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ twenty-five percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to prevent sexual and physical child abuse and to care for, treat, and maintain programs to comfort and heal children who are sexually and physically abused and /
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 74; Nays 29

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Battle                 Beck                   Bowers
Breeland               Brown H.               Brown J.
Brown T.               Campsen                Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Edge
Emory                  Gamble                 Gourdine
Harrell                Harris                 Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Lloyd                  Lourie                 Lucas
Maddox                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks

Printed Page 1744 . . . . . Tuesday, April 6, 1999

Phillips               Pinckney               Quinn
Rhoad                  Robinson               Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--74

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Cato                   Davenport
Delleney               Easterday              Fleming
Hamilton               Haskins                Hawkins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Martin
Meacham                Rice                   Sandifer
Sharpe                 Simrill                Smith D.
Tripp                  Trotter                Vaughn
Walker                 Witherspoon

Total--29

So, the amendment was tabled.

Rep. TRIPP moved to continue the Joint Resolution.

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

Yeas 26; Nays 77

Those who voted in the affirmative are:

Altman                 Barrett                Campsen
Cato                   Cooper                 Davenport
Delleney               Easterday              Fleming
Gilham                 Hamilton               Harris
Haskins                Kirsh                  Koon
Leach                  Loftis                 Meacham
Rice                   Sandifer               Sharpe

Printed Page 1745 . . . . . Tuesday, April 6, 1999

Simrill                Tripp                  Trotter
Walker                 Witherspoon

Total--26

Those who voted in the negative are:

Allen                  Allison                Bailey
Bales                  Battle                 Beck
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cobb-Hunter            Dantzler               Edge
Emory                  Gamble                 Govan
Harrell                Harvin                 Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Knotts
Law                    Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Robinson
Rodgers                Rutherford             Scott
Seithel                Sheheen                Smith D.
Smith F.               Smith J.               Smith R.
Stuart                 Taylor                 Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--77

So, the House refused to continue the Joint Resolution.

Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\DKA\AMEND\3279MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:


Printed Page 1746 . . . . . Tuesday, April 6, 1999

/ Ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist the health and welfare of the state's citizens, sixty-five years of age or older, who live below the established poverty level. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist the health and welfare of the state's citizens, sixty-five years of age or older, who live below the established poverty level and /
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to.

Reps. BECK and DELLENEY proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\AMEND\1329HTC99), which was ruled out of order.
Amend the resolution, as and if amended, by adding two appropriately numbered SECTIONS to read:
/ SECTION   ____.   It is proposed that Section 7, Article XVII of this State be amended by adding a paragraph at the end to read:

"Except as specifically authorized by this section, no other forms of gambling or betting on games of chance are allowed."
SECTION   ____.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that except as specifically allowed by this section, no other forms of gambling or betting on games of chance are allowed?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /


Printed Page 1747 . . . . . Tuesday, April 6, 1999

Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 7 was out of order in that it was not germane to the Joint Resolution.

Rep. BECK stated that the amendment was germane in that it would allow the lottery to be the only form of gambling in the State of South Carolina and that the amendment further defined the lottery bill.

Rep. HASKINS stated that the amendment was germane to the Joint Resolution in that the amendment merely attempted to place a limitation on legal gambling in the State by attempting to make the lottery the only legal gambling allowed in the State.

Rep. ROBINSON stated that the amendment was germane to the Joint Resolution in that it attempted to amend the same Article and Section of the Constitution of the State of South Carolina.

Rep. CAMPSEN stated that the amendment was germane to the Joint Resolution in that the issue of gambling was only addressed in this particular section of the Constitution. He stated further that the Joint Resolution legalized the lottery and the amendment simply circumscribed the definition of legalized gambling.

Rep. J. SMITH stated that the provision was a prohibition on lotteries and therefore did not relate to all forms of gambling.

Rep. CAMPSEN stated that the Joint Resolution did more than simply legalize the state-run lottery. He stated that it also prohibited other types of lotteries that are not state-run.

Rep. ROBINSON stated that the amendment was germane in that it attempted to clarify what a lottery is and what a lottery is not.

Rep. WHIPPER stated the amendment was not germane to the Joint Resolution in that it was a separate piece of legislation

Rep. JENNINGS stated that under Rule 9.3, the intent of the amendment broadly expanded the substantial effect of the Joint Resolution and was not germane to the Joint Resolution.

SPEAKER WILKINS stated that the Joint Resolution dealt with authorizing the lottery and that the amendment dealt with prohibiting all other forms of gambling. He stated further that the amendment did not meet the substantial effect criteria under Rule 9.3 and he therefore sustained the Point of Order and ruled the amendment out of order.


Printed Page 1748 . . . . . Tuesday, April 6, 1999

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a temporary leave of absence to attend a Senate Judiciary hearing.

Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name COUNCIL\DKA\AMEND\3281MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, by inserting after the / . / on line 31:
/ Ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist in the economic development of the rural areas of the State. /
Amend further, page 2, SECTION 2, by inserting before / the / on line 11:
/ ten percent of the net proceeds of the lottery must be set aside in a separate fund in the State Treasury and used as the General Assembly shall direct to assist in the economic development of the rural areas of the State and /
Amend title to conform.

Rep. ALTMAN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ALTMAN continued speaking.
Rep. ALTMAN spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.

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

Yeas 68; Nays 30

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Barfield               Beck                   Breeland
Brown H.               Brown J.               Carnell
Chellis                Cobb-Hunter            Cooper
Dantzler               Emory                  Gamble
Gourdine               Govan                  Harrell
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hinson

Printed Page 1749 . . . . . Tuesday, April 6, 1999

Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Law                    Lee
Lloyd                  Lourie                 Lucas
Maddox                 McCraw                 McGee
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Riser
Rodgers                Rutherford             Scott
Seithel                Sheheen                Simrill
Smith J.               Smith R.               Stuart
Taylor                 Trotter                Webb
Whatley                Whipper                Wilder
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Allison                Altman                 Barrett
Bowers                 Brown G.               Brown T.
Campsen                Cato                   Clyburn
Davenport              Delleney               Easterday
Fleming                Hamilton               Harris
Haskins                Kennedy                Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mason                  Rice
Sandifer               Smith F.               Stille
Tripp                  Walker                 Witherspoon

Total--30

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 10 (Doc Name COUNCIL\DKA\AMEND\3283MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ The start-up cost of the lottery may not exceed six million dollars and the operating cost of the lottery in years after the first year may not exceed ten percent of the net profits to the State from the lottery. /


Printed Page 1750 . . . . . Tuesday, April 6, 1999

Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that the start-up cost of the lottery in years after the first year may not exceed ten percent of the net profits to the State from the lottery /.
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 66; Nays 37

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Barfield               Bowers                 Breeland
Brown H.               Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Edge
Emory                  Gamble                 Govan
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Limehouse              Lloyd                  Lourie
Lucas                  Maddox                 McCraw
McGee                  McLeod M.              McLeod W.
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Pinckney               Quinn                  Rhoad
Riser                  Rodgers                Scott
Seithel                Sheheen                Smith J.
Smith R.               Stuart                 Townsend
Webb                   Whatley                Whipper
Wilder                 Woodrum                Young-Brickell

Total--66


Printed Page 1751 . . . . . Tuesday, April 6, 1999

Those who voted in the negative are:
Allison                Altman                 Bales
Barrett                Campsen                Cato
Davenport              Delleney               Easterday
Fleming                Gilham                 Hamilton
Harris                 Haskins                Hawkins
Kirsh                  Klauber                Koon
Leach                  Littlejohn             Loftis
Mason                  Meacham                Rice
Sandifer               Sharpe                 Simrill
Smith D.               Smith F.               Stille
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Wilkins
Witherspoon

Total--37

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 11 (Doc Name COUNCIL\DKA\AMEND\3284MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ The lottery may not be operated with or used in conjunction with the lottery of any other state or states. /
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that the lottery may not be operated with or used in conjunction with the lottery of any other state or states /.
Amend title to conform.

Rep. ALTMAN explained the amendment.

SPEAKER IN CHAIR

Rep. ALTMAN continued speaking.

LEAVE OF ABSENCE

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

Rep. KELLEY moved to table the amendment.


Printed Page 1752 . . . . . Tuesday, April 6, 1999

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

Yeas 64; Nays 35

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Beck
Bowers                 Breeland               Brown H.
Brown T.               Carnell                Chellis
Cobb-Hunter            Cooper                 Dantzler
Edge                   Emory                  Gamble
Harrell                Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Limehouse              Lloyd                  Lourie
Maddox                 McCraw                 McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Rhoad                  Riser
Rodgers                Rutherford             Scott
Seithel                Sheheen                Smith F.
Smith J.               Smith R.               Stuart
Townsend               Whatley                Whipper
Wilder                 Wilkins                Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allison                Altman                 Barrett
Cato                   Davenport              Delleney
Easterday              Fleming                Gilham
Hamilton               Harris                 Haskins
Hawkins                Kirsh                  Klauber
Koon                   Leach                  Loftis
Lucas                  Mason                  McGee
Meacham                Rice                   Robinson
Sandifer               Sharpe                 Simrill
Smith D.               Taylor                 Tripp

Printed Page 1753 . . . . . Tuesday, April 6, 1999

Trotter                Vaughn                 Walker
Webb                   Witherspoon

Total--35

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 12 (Doc Name COUNCIL\DKA\AMEND\3285MM99), which was tabled.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ A lottery payout may not be made directly or indirectly to a person receiving public money or in-kind assistance from the State./
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that a lottery payout may not be made directly or indirectly to a person receiving public money or in-kind assistance from the State /.
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 66; Nays 34

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Bowers                 Breeland
Brown H.               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Fleming                Gamble                 Harrell
Harrison               Harvin                 Hayes
Hines J.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Klauber
Knotts                 Law                    Lee
Lloyd                  Lourie                 Lucas
Maddox                 Martin                 McCraw

Printed Page 1754 . . . . . Tuesday, April 6, 1999

McGee                  McLeod M.              McLeod W.
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Rhoad                  Rodgers                Rutherford
Scott                  Sheheen                Smith D.
Smith F.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Whatley                Whipper                Wilder
Wilkins                Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allison                Altman                 Bales
Barrett                Beck                   Cato
Davenport              Delleney               Easterday
Edge                   Emory                  Gilham
Hamilton               Harris                 Haskins
Kirsh                  Koon                   Leach
Limehouse              Loftis                 Mason
Meacham                Phillips               Rice
Robinson               Sandifer               Sharpe
Simrill                Stille                 Trotter
Vaughn                 Walker                 Webb
Witherspoon

Total--34

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 13 (Doc Name COUNCIL\DKA\AMEND\3286MM99), which was rejected.
Amend the resolution, as and if amended, Section 7 as contained in SECTION 1, page 1, line 36, by inserting at the end:
/ A direct or an indirect interest in a lottery ticket may be held only by a person twenty-one years of age or older./
Amend further, SECTION 2, page 2, line 8, by striking /sales and/ and inserting / sales, / and by inserting after /law/ on line 15 / and to provide that a direct or an indirect interest in a lottery ticket may be


Printed Page 1755 . . . . . Tuesday, April 6, 1999

held only by a person twenty-one years of age or older /.
Amend title to conform.

Rep. ALTMAN explained the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 37; Nays 64

Those who voted in the affirmative are:

Bales                  Barfield               Bowers
Breeland               Brown G.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Dantzler
Hayes                  Hines J.               Inabinett
Jennings               Keegan                 Kelley
Lee                    Lloyd                  Lourie
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Parks                  Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stuart
Vaughn                 Whipper                Wilder
Woodrum

Total--37

Those who voted in the negative are:

Allen                  Allison                Altman
Askins                 Bailey                 Barrett
Beck                   Brown H.               Cato
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hinson                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Leach                  Limehouse              Loftis
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee

Printed Page 1756 . . . . . Tuesday, April 6, 1999

Meacham                Neilson                Ott
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith R.               Stille
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilkins                Witherspoon
Young-Brickell

Total--64

So, the House refused to table the amendment.

Rep. KELLEY spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. CARNELL spoke against the amendment.

POINT OF ORDER

Rep. WHIPPER raised a Point of Order that Amendment No. 13 was out of order in that it was not germane to the Joint Resolution under Rule 9.3.

SPEAKER WILKINS overruled the Point of Order.

The question then recurred to the adoption of the amendment.

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

Yeas 40; Nays 66

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Beck                   Cato
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gilham                 Hamilton               Harrell
Harris                 Harrison               Haskins
Klauber                Knotts                 Koon
Leach                  Loftis                 Lucas
Mason                  Meacham                Ott
Quinn                  Rice                   Robinson

Printed Page 1757 . . . . . Tuesday, April 6, 1999

Sandifer               Sharpe                 Simrill
Smith R.               Stille                 Tripp
Vaughn                 Walker                 Wilkins
Witherspoon

Total--40

Those who voted in the negative are:

Allen                  Askins                 Bailey
Barfield               Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Gamble                 Gourdine
Govan                  Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Law
Lee                    Limehouse              Lloyd
Lourie                 Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Rhoad                  Riser
Rodgers                Rutherford             Scott
Seithel                Sheheen                Smith D.
Smith F.               Smith J.               Stuart
Taylor                 Townsend               Trotter
Webb                   Whatley                Whipper
Wilder                 Woodrum                Young-Brickell

Total--66

So, the amendment was rejected.

Rep. ALLISON moved that the House do now adjourn, which was agreed to.

STATEMENT FOR THE JOURNAL

On March 3, 1999, The State newspaper, Michael Sponhour wrote a column called "Lottery's chances are rising". Constitutional


Printed Page 1758 . . . . . Tuesday, April 6, 1999

amendment leaps to legislature fast track. The article said, the bill was approved after Rep. John Scott, D-Richland, argued unsuccessfully that his own lottery bill should be the committee's vehicle. Scott has long fought for a lottery, and his bill was one of the first measures filed this year. When the subcommittee ignored his plea, Scott angrily left the meeting. "That's called a screw job," Scott said as he walked out the door.

First, let me say that it is difficult not to acknowledge what has happened and how hard I have worked for seven years and my work is being disregarded. But, let history record that seven years ago when the lottery was not popular, I stayed the course and worked every radio and T.V. network in this Sate and Nation that would listen to me. Out of those seven years, five of those years two governors ran on the lottery as a statewide issue, and I supported them both. Lt. Governor Nick Theodore called the lottery the Palmetto Promise and Governor Jim Hodges called it education. But, today George Bailey and I call it Lottery Is For Education (LIFE).

As I close, let me say how important a lottery is for all the children of this great State of South Carolina. I refuse not to be a part of what is mine and what I call a newborn and one I will continue to father -lottery-LIFE to its end.

I ask only one favor of you today, although theft may occur on paper, but not in the minds and hearts of most of you, my friends and colleagues let's pass the lottery this time, not for Governor Hodges or for John Scott, but for the children of this great State who can use $140,000,000 for education.

Rep. JOHN SCOTT

STATEMENT FOR THE JOURNAL

Due to a long ago scheduled commitment out of town, I will not be present for the session on Tuesday, April 6, 1999, when we have scheduled to debate the Lottery Bill and amendments on the contested calendar.

As a long time proponent of allowing voters in South Carolina to decide if we should have a lottery, I support passage of the bill and would vote to restrict the use of any net revenues from any ultimate lottery to benefit public and higher education non-recurring building and facility needs.

Rep. BILL COTTY


Printed Page 1759 . . . . . Tuesday, April 6, 1999

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3801 (Word version) -- Reps. J. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ARTHUR FUSCO OF COLUMBIA.

H. 3802 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION BASKETBALL CHAMPIONSHIP AND FOR AN OUTSTANDING SEASON DURING WHICH THEY DID NOT LOSE TO A TEAM FROM SOUTH CAROLINA.

H. 3820 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin,


Printed Page 1760 . . . . . Tuesday, April 6, 1999

Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE APRIL 16, 1999, AS DR. MARY MCLEOD BETHUNE CHILDREN AUTHORS' PROGRAM DAY.

ADJOURNMENT

At 6:10 P.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Mrs. Jamie Myers, the First Lady of Summerville, to meet at 10:00 A.M. tomorrow.

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