Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

We thank You, O God, that You are surely to be found by those who seek You, known by those who love You, heard by those who brush earth's noises aside and in quietness listen with reverent hearts. Forbid that when opportunities are flaming before us that we should be blinded by the smoke of our own selfish campfires. When great missions beckon us save us from giving ourselves to the dead past. May the world be better tomorrow because we have lived and worked in it today. Give us eyes to see You and wills to follow You. Keep us steadfast in our discipleship. Amen.

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

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

The following was received.
Memorandum
To:         The Honorable Sandra McKinney
From:         Barbara M. Coleman
Date         February 3, 1999
Re:         Newly Elected Officer

The following officer has been elected to the Medical, Military, Public and Municipal Affairs Committee for the 1999-2000 Legislative Session to replace Wilbur L. Cave.

3rd Vice Chairman     Clementa C. Pinckney
Received as information.

Rep. Robinson moved that when the House adjourns, it adjourn in memory of Ruth Thell Looper Holcombe, which was agreed to.

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

S. 399 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Hayes, Reese, Jackson, Passailaigue, Saleeby and Holland: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.
Ordered for consideration tomorrow.

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

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Ordered for consideration tomorrow.

The following was introduced:

H. 3447 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING THE HONORABLE JENNINGS GARY MCABEE OF MCCORMICK COUNTY FOR HIS DEDICATED AND OUTSTANDING SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A LEGISLATOR AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, the Honorable Jennings Gary McAbee was born October 5, 1944, in McCormick, the son of Thomas Russell McAbee and the late Cornelia Dorn McAbee; graduated from Wofford College with a Bachelor of Arts degree in 1967; is a devoted family man married to Patti Townes Herring; and has three sons, Jennings Gary McAbee, Jr., Martin Townes McAbee, and Charles Wesley McAbee; and

Whereas, the Honorable Jennings Gary McAbee has ably represented the citizens of House District 12 (McCormick, Greenwood, Saluda, and Abbeville Counties) from 1975 through 1998. He served as vice chairman of the Joint Legislative Committee on Tourism and Trade and has been on the Parks, Recreation and Tourism Commission since 1979, served on the executive committee; he served on the influential House Ways and Means Committee; was a member of the Joint Bond Review Committee; was named Legislator of the Year by the South Carolina Association of Counties in 1984; and

Whereas, during his tenure as a respected and admired member of the General Assembly, Representative McAbee's noteworthy accomplishments include, but are not limited to, being instrumental in the formation of the Joint Tourism Caucus in 1987; being cited by the regional tourism organization for outstanding leadership and support for legislation that has contributed substantially to the growth of travel and tourism as a 4.3 billion dollar industry employing nearly one hundred thousand people in this State; being selected as "Outstanding Tourism Legislator of the Year" by the Southeast Tourism Society in 1988; and

Whereas, Jennings Gary McAbee has devoted a major portion of his adult life to public service. He began serving as a magistrate in McCormick County from 1970 until 1972, and, in addition, to service in the General Assembly, performed military service as a member of the South Carolina National Guard; and

Whereas, Mr. McAbee's civic and fraternal service includes serving as chairman of the Boy Scout Fund in 1973, chairman of the Cancer Society in 1974. He is a Master Mason, a 32nd Degree Mason, Shriner, a member of the Exchange Club, the American Legion, the Moose Lodge, the Jaycees, Lion's Club, Sigma Alpha Epsilon fraternity; and

Whereas, Jennings Gary McAbee has been a leader in public affairs and an outstanding legislator. His insight, hard work, and knowledge have proved invaluable to his colleagues; he has provided superb representation for his constituents and has always striven to do what is best for the State. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend the Honorable Jennings Gary McAbee of McCormick County for his dedicated and outstanding service to the citizens of South Carolina as a legislator and extend best wishes to him for happiness and success in all of his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Jennings Gary McAbee.
The Resolution was adopted.

The following was introduced:

H. 3448 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HONORABLE JOSEPH D. McMASTER OF COLUMBIA, SOUTH CAROLINA, FOR HIS YEARS OF SERVICE IN THE GENERAL ASSEMBLY AS THE ELECTED REPRESENTATIVE OF DISTRICT 78, AND RECOGNIZING HIS HARD WORK AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO RICHLAND COUNTY.

Whereas, Joseph D. McMaster served House District 78 with distinction from 1997-1998; and

Whereas, Joe immersed himself in numerous issues which he fervently believed were crucial to the people of his State and district; and

Whereas, his dedicated efforts while serving on the House Judiciary Committee earned him the reputation as a hard-working member willing to shoulder responsibility for votes on tough issues; and

Whereas, he has ably served his community by his membership in the Columbia Lions Club and being elected to the Forest Acres City Council from 1992-1996; and

Whereas, the House of Representatives will miss his presence in body, but his family, wife, Elisabeth, and children, Joseph Dargan, Jr. and Eleanor Gourdin, will benefit from having him with them more often. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina House of Representatives express their appreciation to The Honorable Joseph D. McMaster of Columbia, South Carolina, for his years of service in the General Assembly as the elected representative of District 78, and recognize his hard work and contributions to the State of South Carolina and to Richland County.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Joseph D. McMaster.
The Resolution was adopted.

The following was introduced:

H. 3449 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING THE HONORABLE MARION H. KINON OF DILLON COUNTY FOR HIS DEDICATED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, THANKING HIM FOR HIS FRIENDSHIP, AND EXTENDING HIM BEST WISHES FOR HIS FUTURE ENDEAVORS.

Whereas, the Honorable Marion H. Kinon served with distinction as a member of the House of Representatives from Dillon County from 1957 until 1960, from 1978 to 1979, and from 1989 until 1998; and

Whereas, his legislative service was exemplary; he worked hard for his constituents and always sought to do what was best for South Carolina; his outstanding legal mind aided his fellow lawmakers on many issues, providing insight and needed guidance; and

Whereas, he was a true friend to his fellow members while he served in the General Assembly and could always be counted on; and

Whereas, we will miss his presence in the General Assembly, but we want him to know that we remain his friend and hope to see him whenever possible. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend the Honorable Marion H. Kinon of Dillon County for his dedicated service as a member of the House of Representatives, thank him for his friendship, and extend best wishes to him for all his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Marion H. Kinon.
The Resolution was adopted.

The following was introduced:

H. 3450 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING OUR DISTINGUISHED COLLEAGUE AND FRIEND IN THE GENERAL ASSEMBLY, THE HONORABLE MOLLY M. SPEARMAN OF SALUDA COUNTY, FOR HER OUTSTANDING LEGISLATIVE SERVICE, AND EXTENDING BEST WISHES TO HER IN HER NEW POSITION AT THE STATE DEPARTMENT OF EDUCATION.

Whereas, The Honorable Molly Mitchell Spearman has represented District 39 (Saluda and Lexington counties) in the House of Representatives since 1993; and

Whereas, she was chosen "Legislator of the Year" by the South Carolina American Legion for 1996 and has served as National Legislative Chairman of the American Legion Auxiliary; and
Whereas, Representative Spearman's professional life has been dedicated to public education; she is a public school music teacher and an assistant principal, and she was named "Teacher of the Year" for Chapin Elementary School for 1986; and

Whereas, she has been a dedicated legislator while serving in the General Assembly; she has provided excellent representation for the citizens of House District 39 and has worked unceasingly for the good of the State; and

Whereas, she now has been chosen by The Honorable Inez Tenenbaum, South Carolina's new Superintendent of Education, to fill the role of Deputy State Superintendent of Education for governmental affairs - an office for which she is exceptionally qualified - and will, in that capacity, serve as the Department of Education's chief liaison with the General Assembly; and

Whereas, while we will miss Representative Spearman in her capacity as a lawmaker, we are pleased that we will have continued contact with her in her new role at the Department of Education. 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, salute our distinguished colleague and friend, The Honorable Molly M. Spearman of Saluda County, for her outstanding legislative service and extend best wishes to her in her new position at the State Department of Education.

Be it further resolved that a copy of this resolution be forwarded to our good friend, The Honorable Molly M. Spearman.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3451 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILBUR L. CAVE OF ALLENDALE COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING, DEDICATED SERVICE AS A LEGISLATOR, AND EXTENDING HIM BEST WISHES IN HIS NEW ENDEAVOR.

Whereas, The Honorable Wilbur L. Cave has, since 1995, represented the citizens of District 91 (Allendale and Barnwell counties) in the House of Representatives; and

Whereas, he served as town administrator for the Town of Allendale from 1989 until 1994; prior to holding that position, he was field representative for Congressman Butler Derrick from 1983 to 1989; and

Whereas, Representative Cave has served as treasurer for the United Way of Allendale County, was a participant in "Leadership South Carolina" in 1990, and has been active in the Allendale County Chapter of the NAACP; and

Whereas, as a lawmaker, he has been a dedicated member of the General Assembly; he has worked hard for his constituents and has worked with his fellow legislators to do what is right and good for South Carolina; and

Whereas, he is now giving up his seat in the House of Representatives to assume a position of responsibility in the administration of the new Governor, The Honorable James H. Hodges; and
Whereas, we will miss being with Representative Cave in a legislative capacity, but we take comfort in the fact that his new position will bring him into contact with us on a regular basis; and

Whereas, we are delighted for him in his new endeavor and are confident that he will be a genuine asset to the new administration. 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, commend the Honorable Wilbur L. Cave of Allendale County, our friend and distinguished colleague in the General Assembly, for his outstanding, dedicated service as a legislator and extend him best wishes in his new endeavor.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Wilbur L. Cave.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3452 (Word version) -- Reps. H. Brown, Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA STATE PORTS AUTHORITY'S CHAIRMAN OF THE BOARD, WILLIAM L. BETHEA, JR., PRESIDENT AND CHIEF EXECUTIVE OFFICER, BERNARD S. GROSECLOSE, JR., OTHER BOARD MEMBERS, AND SENIOR MANAGEMENT ON TUESDAY, FEBRUARY 9, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THE STATE PORTS AUTHORITY'S OUTSTANDING CONTRIBUTIONS TO THE ECONOMY OF THIS STATE, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, AND FOR ITS LEADERSHIP AND VISION AS OUR STATE MOVES FORWARD INTO THE TWENTY-FIRST CENTURY.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the South Carolina State Ports Authority's Chairman of the Board, William L. Bethea, Jr., President and Chief Executive Officer, Bernard S. Groseclose, Jr., other board members and senior management on Tuesday, February 9, 1999, at a time to be determined by the Speaker for the purpose of recognizing the State Ports Authority's outstanding contributions to the economy of this State, for the significant role it has played in advancing South Carolina's position in the global economy, and for its leadership and vision as our State moves forward into the twenty-first century.
The Resolution was adopted.

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

H. 3453 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION DECLARING NOVEMBER 7-13, 1999 AS "SOUTH CAROLINA ALZHEIMER'S DISEASE AWARENESS WEEK" FOR 1999.

Whereas, Alzheimer's disease is a progressive degenerative brain disorder, which causes memory loss and changes in thought, personality, and behavior; and
Whereas, this disease ultimately renders its victims incapable of caring for themselves and communicating their needs to others; and

Whereas, Alzheimer's disease is commonly called the "long goodbye" which is an appropriate designation for a disease that can span from two to twenty years; and

Whereas, currently in South Carolina there are approximately fifty thousand persons with Alzheimer's disease and related disorders, and this number is estimated to increase by several thousand new cases annually; and

Whereas, the caregivers of an Alzheimer's disease victim experience many emotions as they deal with their loved one and the changes occurring in the life of the victim and their own lives; and

Whereas, the family members need assistance in learning caregiving skills to provide quality care, knowing where to find assistance and support groups, learning how to reduce stress and managing the lifestyle changes that accompany this disease; and

Whereas, there are scores of private and public facilities, agencies, and organizations that provide various services ranging from day care to medical care for these victims and their families; and

Whereas, it is important that all South Carolinians educate themselves on the causes, treatments, cures, and the ongoing research studies of Alzheimer's disease; and

Whereas, the General Assembly can aid in this endeavor by naming a specific week in which the State, its agencies, and private voluntary health organizations shall work to increase public awareness, understanding, and support for persons with Alzheimer's disease and related disorders and their caregivers. Now, therefore,

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

That November 7-13, 1999 is declared "South Carolina Alzheimer's Disease Awareness Week" for 1999.

Be it further resolved that a copy of this resolution be forwarded to the Governor's Office, Division on Aging, the Department of Mental Health, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the SC Services Information System of the USC School of Medicine, the Medical University of South Carolina, and the Lowcountry South Carolina, Mid-State South Carolina, and Upstate South Carolina chapters of the Alzheimer's Association of South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3454 (Word version) -- Reps. G. Brown, M. McLeod, Barfield and Lucas: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS FOR THE PURPOSE OF ASKING IT TO APPROPRIATE GREATER SUMS OF MONIES FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS RESEARCH.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 429 (Word version) -- Senators McConnell, Courson, Passailaigue and Ford: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 17, 1999, AS "HUNLEY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

S. 432 (Word version) - Sen. Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE ECONOMY OF THIS STATE, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, FOR ITS LEADERSHIP AND VISION AS OUR STATE MOVES FORWARD INTO THE TWENTY-FIRST CENTURY, AND TO ACKNOWLEDGE FEBRUARY 9, 1999, AS "STATE PORTS AUTHORITY APPRECIATION DAY."

Whereas, the history of South Carolina is tied to waterborne commerce through its three port cities in Charleston, Georgetown, and Port Royal; and

Whereas, more than seven hundred South Carolina companies from every county in the State regularly ship goods through the South Carolina State Ports Authority, showing the direct link between our state's businesses and her ports; and

Whereas, international trade through the State Ports Authority generates more than eighty-three thousand jobs for South Carolinians, contributing thirteen billion dollars in wages and sales and three hundred fourteen million dollars in taxes to the state economy every year; and

Whereas, every year products manufactured in South Carolina worth three billion dollars are exported around the world from our state's ports; and

Whereas, the success of our port system has contributed significantly to South Carolina's global reputation: The Port of Charleston is currently the nation's fourth largest container port and ranks eighth in the entire country in value of goods shipped; and

Whereas, over its fifty-seven-year history, the Ports Authority has set the standard for growth, leadership, vision, and financial stewardship; and

Whereas, plans for harbor deepening and new terminal development on Daniel Island in Charleston Harbor will bolster South Carolina's position as a leader in the global economy and foster the competitiveness of its industries; and

Whereas, the South Carolina State Ports Authority was created by the General Assembly in 1942 to contribute to the economic development of this State by fostering and stimulating waterborne commerce and the shipment of freight; and

Whereas, one out of every twenty-eight jobs in the State is directly linked to international trade through State Ports Authority facilities; and

Whereas, numerous organizations across the State, including the South Carolina Chamber of Commerce and a coalition of local Chambers of Commerce, recognize the contributions of the State Ports Authority; and

Whereas, with industry's increasing reliance on customers and suppliers around the world, a strong and successful Ports Authority will play an even stronger role in attracting investment and employment to South Carolina in the years ahead. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize the South Carolina State Ports Authority for its outstanding contributions to the economy of this State, for the significant role it has played in advancing South Carolina's position in the global economy, for its leadership and vision as our State moves forward into the twenty-first century, and to acknowledge February 9, 1999, as "State Ports Authority Appreciation Day."

Be it further resolved that a copy of this resolution be forwarded to William L. Bethea, Jr., Chairman, and Bernard S. Groseclose, Jr., President and CEO.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 3455 (Word version) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: A BILL TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A SPECIAL IDENTIFICATION CARD.
Referred to Committee on Education and Public Works

H. 3456 (Word version) -- Reps. Cobb-Hunter, Neal and M. Hines: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO A CHECK GIVEN TO A DEFERRED PRESENTMENT SERVICE OR A CHECK CASHING SERVICE; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT AND PROSECUTION FOR ISSUANCE OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT A COMMERCIAL AGENT FOR COLLECTION OF AN OBLIGATION PAID FOR WITH A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DOES NOT HAVE THE SAME RIGHTS AS THE ORIGINAL PAYEE UNLESS THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS BEEN ENDORSED OVER TO THE AGENT FOR COLLECTION FOR VALUE AND WITHOUT RESERVATION OF RIGHTS; TO AMEND SECTION 34-39-180, RELATING TO REGULATION OF DEFERRED PRESENTMENT SERVICES AND SECTION 34-41-60, RELATING TO REGULATION OF CHECK CASHING SERVICES, SO AS TO PROVIDE THAT NEITHER SERVICE MAY RELY ON THE CIVIL OR CRIMINAL REMEDIES IN CHAPTER 11, TITLE 34, FOR PROSECUTING OR CIVILLY ENFORCING PAYMENT OF A FRAUDULENT CHECK.
Referred to Committee on Judiciary

H. 3457 (Word version) -- Reps. Leach, Maddox, Hamilton, Vaughn, Rodgers, Tripp, McMahand, Limehouse, Phillips, Allen and McCraw: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY LAW ENFORCEMENT, SO AS TO PROVIDE FOR INCREASED PENALTIES AND TO ELIMINATE THE ABILITY TO EXPUNGE A CONVICTION FOR A FIRST OFFENSE.
Referred to Committee on Judiciary

H. 3458 (Word version) -- Reps. Harvin, Inabinett, J. Hines and Neilson: A BILL TO AMEND CHAPTER 11 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-435 SO AS TO ENACT THE "INFORMATION TECHNOLOGY ACCESS ACT" REQUIRING THE OFFICE OF INFORMATION RESOURCES OF THE BOARD TO ESTABLISH PROCEDURES AND PROCUREMENT REQUIREMENTS FOR ASSURING THE ACCESS OF A BLIND OR VISUALLY IMPAIRED INDIVIDUAL TO INFORMATION WHICH IS PROVIDED BY THE STATE OR BY STATE-ASSISTED ORGANIZATIONS FOR USE BY EMPLOYEES, PROGRAM PARTICIPANTS, AND THE GENERAL PUBLIC, TO PROVIDE FOR A PHASED-IN IMPLEMENTATION OF THE PROCUREMENT OF NONVISUAL ACCESS TECHNOLOGY, AND TO PROVIDE FOR INJUNCTIVE RELIEF FOR ENFORCEMENT OF A VIOLATION OF THESE PROVISIONS.
Referred to Committee on Ways and Means

H. 3459 (Word version) -- Reps. Fleming, Littlejohn, Chellis, Simrill, Davenport, Hayes, Altman, Inabinett, Bales, Koon, Limehouse, Vaughn, Young-Brickell, Delleney, Cato and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER AND AT THE SAME COST THAT CREDIT MAY BE ESTABLISHED FOR "OUT-OF-STATE SERVICE", AND TO DEFINE PRIVATE SCHOOL.
Referred to Committee on Ways and Means

H. 3460 (Word version) -- Reps. Keegan, Kelley and Bailey: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICERS AND FULL-TIME FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
Referred to Committee on Ways and Means

H. 3461 (Word version) -- Reps. Keegan, Kelley and Bailey: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Referred to Committee on Education and Public Works

H. 3462 (Word version) -- Reps. Easterday, Hayes, Kirsh, Rice, Beck, Gilham, Stuart, Barrett, Simrill, Davenport, R. Smith, Loftis, Leach, Mason, Sandifer, Meacham, Hamilton, Vaughn, Robinson and H. Brown: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND WHO, AT THE TIME OF THE OFFENSE, HAD SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Referred to Committee on Judiciary

H. 3463 (Word version) -- Reps. Easterday, Bales, Hayes, H. Brown, Simrill, Loftis, Davenport, Battle, Sandifer, Mason, Kirsh, Stuart, Rice, Meacham, Woodrum, Barrett, Witherspoon, Altman, Robinson, Keegan, Vaughn, Gilham and Hamilton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO CONSTITUTIONAL RESERVE FUNDS, SO AS TO PROVIDE THAT ONE PURPOSE FOR WHICH CAPITAL RESERVE FUND APPROPRIATIONS MAY BE EXPENDED SHALL BE FOR CAPITAL IMPROVEMENTS OF STATE AGENCIES, DEPARTMENTS, OR INSTITUTIONS ONLY FOR THE ACQUISITION OR IMPROVEMENT OF REAL PROPERTY OR FOR OTHER NONRECURRING EMERGENCY PURPOSES AS A RESULT OF NATURAL DISASTERS OR CATASTROPHES INSTEAD OF FOR GENERAL CAPITAL IMPROVEMENTS AND NONRECURRING PURPOSES.
Referred to Committee on Ways and Means

H. 3464 (Word version) -- Reps. Easterday, Davenport, Barrett, Keegan, Robinson, Simrill, Sandifer, Govan, Rodgers, Gilham, Rice, Loftis, Hamilton, Meacham and McGee: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST THE SELLER AND THE PURCHASER WHEN A PERSON IS CHARGED WITH THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR, SO AS TO PROVIDE THAT IF A PERSON, EIGHTEEN YEARS OF AGE OR OLDER, BUT LESS THAN TWENTY-ONE PURCHASES THE BEER OR WINE AS PART OF A LAW ENFORCEMENT INVESTIGATION, THIS SECTION DOES NOT REQUIRE THAT PERSON TO BE CHARGED WITH THE UNLAWFUL PURCHASE.
Referred to Committee on Judiciary

H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Referred to Committee on Judiciary

H. 3466 (Word version) -- Reps. Hawkins, Davenport, Fleming, Klauber, Lanford, Lee, Littlejohn, Simrill, Taylor and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-218 SO AS TO PROVIDE FOR A REVIEW BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE OF THE ROLLBACK MILLAGE AS CALCULATED AND IMPOSED BY EACH PROPERTY TAXING JURISDICTION IN A COUNTY FOR THE PROPERTY TAX YEAR A REASSESSMENT PROGRAM IS IMPLEMENTED AND TO REQUIRE THAT EXCESS PROPERTY TAX REVENUES RECEIVED FROM EACH INDIVIDUAL TAXPAYER RESULTING FROM ANY MILLAGE INCORRECTLY IMPOSED BE HELD IN A SEPARATE FUND AND DESIGNATED TO THAT TAXPAYER'S CREDIT TO BE USED ONLY TO OFFSET THE PROPERTY TAX DUE FROM THAT TAXPAYER THE NEXT PROPERTY TAX YEAR.
Referred to Committee on Ways and Means

H. 3467 (Word version) - Medical, Military, Public and Municipal Affairs: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO BOARD NOTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3468 (Word version) -- Medical, Military, Public and Municipal Affairs: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO EXAMINATION; SCHEDULING AND GRADING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3470 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 24-21-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF AN ORDER OF PARDON, SO AS TO PROVIDE THAT THE ORDER MUST PROVIDE FOR THE DESTRUCTION OF INFORMATION CONTAINED IN THE PARDON APPLICANT'S CRIMINAL RECORD.
Referred to Committee on Judiciary

H. 3471 (Word version) -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the calendar without reference.

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Hamilton
Harris                 Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Trotter                Vaughn                 Walker
Webb                   Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Thursday, February 4.

Richard Quinn                          Denny Neilson
Ronald Townsend                        Bill Cotty
Douglas Jennings                       Ralph Canty

The SPEAKER granted Rep. HARRELL a leave of absence for the day to attend the National Conference of Legislative Leaders in Washington, D. C.

The SPEAKER granted Rep. BATTLE a leave of absence for the day to represent South Carolina in Raleigh, N. C. concerning the tobacco settlement.

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

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

Reps. Ralph Canty and Theodore Brown signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 3.

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

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."

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         F. SMITH

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         J. SMITH

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         LOURIE

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         RUTHERFORD

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         ALLEN

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         OTT

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         KENNEDY

Bill Number:     H. 3153 (Word version)
Date:         ADD:
02/4/99         BALES

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         MOODY-LAWRENCE

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         LOURIE

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         J. SMITH

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         F. SMITH

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         RUTHERFORD

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         MADDOX

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         ALLEN

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         OTT

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         HARVIN

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         KENNEDY

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         JENNINGS

Bill Number:     H. 3082 (Word version)
Date:         ADD:
02/4/99         BALES

Bill Number:     H. 3351 (Word version)
Date:         ADD:
02/4/99         GILHAM

Bill Number:     H. 3135 (Word version)
Date:         ADD:
02/4/99         DAVENPORT

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

H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 332 (Word version) -- Senator Jackson: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Rep. HARRISON explained the Bill.

H. 3443 (Word version) -- Reps. Barfield, Witherspoon, Keegan, Edge and Kelley: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE ON SPECIFIED PORTIONS OF THE WACCAMAW RIVER.
Rep. BARFIELD explained the Bill.

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3429 be read the third time tomorrow.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 332 be read the third time tomorrow.

On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 3443 be read the third time tomorrow.

The following Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:

S. 407 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 18, 1998, MISSED BY STUDENTS OF BUENA VISTA ELEMENTARY IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Rep. Klauber moved to adjourn debate upon the following Bill until Tuesday, February 9, which was adopted:

H. 3181 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.

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

H. 3288 (Word version) -- Rep. Inabinett: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 16, which was adopted:

S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

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

H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell and Quinn: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.

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

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham, Littlejohn, Rice and Seithel: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

The following Concurrent Resolution was taken up:

S. 196 (Word version) -- Senators Courson, Giese, Leventis, McGill and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.

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

That the National Commander of the American Legion, the Honorable Harold L. Miller, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 24, 1999.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Harold L. Miller.
The Concurrent Resolution was adopted and ordered sent to the Senate.

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

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

The following was introduced:

H. 3472 (Word version) -- Reps. Harvin, G. Brown, M. McLeod and Woodrum: A CONCURRENT RESOLUTION COMMENDING EDWARD H. SEXAUER FOR HIS OUTSTANDING WORK AT SOUTH CAROLINA EDUCATIONAL TELEVISION IN SUMTER AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3478 (Word version) -- Reps. Neilson, Davenport, Harrison, Beck, Barrett and McMahand: A CONCURRENT RESOLUTION TO URGE THE DEPARTMENT OF REVENUE TO IMPLEMENT AS QUICKLY AS POSSIBLE THE LONG-DELAYED MONITORING REQUIREMENTS FOR VIDEO GAMES WITH A FREE PLAY FEATURE.
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

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

H. 3473 (Word version) -- Reps. Meacham, Harvin, Cobb-Hunter, Clyburn, J. Smith, Hayes, McGee, Howard, Kirsh, Neal, Lloyd, Stille, Sandifer, Maddox, Wilder, Lourie, Whatley, Govan, Knotts, Law and Bales: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520, SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; AND TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE FOR THE DESIGNATION BY THE DEPARTMENT OF NATURAL RESOURCES OF CERTAIN LAND AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES.
Referred to Committee on Ways and Means

H. 3474 (Word version) -- Reps. Beck, R. Smith and Mason: A BILL TO AMEND SECTION 12-21-2793, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROXIMITY RESTRICTIONS ON LOCATIONS WITH VIDEO GAMES WITH A FREE PLAY FEATURE TO SCHOOLS, KINDERGARTENS, PARKS, PLAYGROUNDS, COLLEGES AND UNIVERSITIES, AND CHURCHES, SO AS TO REQUIRE THE APPLICABLE DISTANCES TO BE COMPUTED FROM THE NEAREST POINTS THE TWO PROPERTIES APPROACH EACH OTHER, TO DELETE AN OBSOLETE PROVISION AND TO MAKE THIS ACT EFFECTIVE FOR LOCATIONS WITH MACHINES LICENSED AFTER MAY 31, 1999.
Referred to Committee on Ways and Means

H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-17-550 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHI MAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3476 (Word version) -- Reps. Wilder, Keegan and Hayes: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO 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, TO PROHIBIT THE ESTABLISHMENT OF SUCH SERVICE, INCLUDING ACTIVE DUTY SERVICE THAT OVERLAPS WITH STATE RETIREMENT SYSTEM SERVICE CREDIT AND TO DELETE THE FORMER RESTRICTIONS APPLICABLE TO DUPLICATION OF BENEFITS FOR NATIONAL GUARD SERVICE.
Referred to Committee on Ways and Means

H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, 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.
Referred to Committee on Medical, Military, Public and Municipal Affairs

The following Bill was taken up:

H. 3288 (Word version) -- Rep. Inabinett: A BILL TO RATIFY AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
Rep. HARRISON moved to recommit the Bill, which was agreed to.

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

On February 3rd, Rep. Rick Quinn raised the Point of Order that the ballot question proposed in the Joint Resolution, S. 1, does not fairly and plainly describe the proposed constitutional amendment and violates the Supreme Court's interpretation of Article XVI, Section 1, of the South Carolina Constitution.

The Senate's Joint Resolution originally dealt solely with a constitutional amendment concerning the establishment of a state-operated lottery. During debate, the Senate amended the Resolution by adding Sections 3 and 4 concerning the operation of video poker machines in South Carolina. Section 3 proposes the following amendment to Article XVII, Section 7, of the Constitution:

"The operation of the video game with free play feature is prohibited by this section."

The constitutional amendment would "prohibit" video poker machines in the state.

Section 4 of the resolution proposes the following question to be placed on the ballot at the next general election:

"Shall Section 7, Article XVII of the Constitution of this State be amended so as to provide that the operation of a video game with a free play feature is deemed to be legal?"

The ballot question asks if the constitution should be amended to make video poker machines "legal" in the State. A "YES" vote would be a vote to constitutionally make video poker legal. A "NO" vote would not affect the Supreme Court's recent ruling that video poker is legal in the State. In short, regardless of how a person may vote on the ballot question, video poker would continue to be legal in the State.

It is clear that the ballot question does not fairly or plainly describe the proposed constitutional amendment. The ballot question asks if video poker should continue to be legal while the actual amendment prohibits video poker. In Ex parte Tipton, 229 S.C. 471, 93 S.E.2d 640, 643 (1956), the South Carolina Supreme Court defined the criteria concerning ballot questions for a constitutional amendment. The Court stated that it would give "every reasonable presumption in favor of their validity" and that "it is not necessary that the question on the ballot include the full text of the proposed amendment; it is sufficient that it describe the amendment plainly, fairly. . . But where the question, on its face, is manifestly erroneous and misleading, there is no room for presumption, nor is evidence, other than the ballot itself, needed to demonstrate the deception." Ex parte Tipton, 229 S.C. 471, 93 S.E.2d 640, 643 (1956) (Emphasis Added).

In this situation it is clear that the Senate's proposed ballot question, if ultimately adopted by the General Assembly in its current wording, violates the Supreme Court's interpretation of Article XVI, Section 1. The Court has stated that compliance with the provisions for amending the Constitution is "mandatory." Watts v. Oliphant, 143 S.E.2d 813 (1965).

However, the Resolution has not been adopted by the General Assembly. It has been adopted by the Senate but has not been considered by the House. It is the House's right, if it wishes, to amend the Resolution. And in amending the Resolution the House may choose to correct or delete the deficiency in the Senate's ballot question.

As Speaker I am required to uphold the Constitution. However, it is not within my authority to rule upon "substantive" constitutional questions. It is my duty, as the presiding officer, to ensure that the House follows the Constitution's "procedural" requirements such as the requirement of three readings in each House, 2/3 vote by elected members, and other procedural requirements. This question concerning the validity of the ballot question is not "procedural" in nature. It is "substantive" in nature. We have researched the precedents and found that no Speaker has ever ruled upon the validity of a ballot question proposing a constitutional amendment.

In 1998 I ruled out of order a Senate Resolution that would allow for the election of judges through the passage of the Resolution. You ruled the Concurrent Resolution out of order because it violated a "procedural" requirement in the Constitution that judicial elections be held in "joint session." The Senate's Concurrent Resolution clearly violated that Constitutionally required procedure for the election of judges.

In this case there is no House precedent on point. Furthermore, the Resolution has not been adopted by the General Assembly and may have two more opportunities for amendment by the House and Senate.
I believe, based upon these facts, that I must overrule the Point of Order because it addresses a substantive question beyond the scope of my authority as Speaker.

The Joint Resolution is referred to the Ways & Means Committee.

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

S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, Elliott, Branton, Hutto and Glover: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY, AND FURTHER PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII, SO AS TO PROHIBIT THE OPERATION OF A VIDEO GAME WITH A FREE PLAY FEATURE.
Referred to Committee on Ways and Means

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means:

H. 3376 (Word version) -- Reps. Wilder, Cave, Stille, Neal and Hayes: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" A STUDENT EMPLOYED IN A STATE COLLEGE, UNIVERSITY, OR EDUCATIONAL INSTITUTION OF HIGHER LEARNING AT WHICH THE STUDENT IS ENROLLED.

Rep. SCOTT asked unanimous consent to recall H. 3004 from the Committee on Ways and Means.
Rep. CANTY objected.

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

The Senate returned to the House with concurrence the following:

H. 3425 (Word version) -- Reps. Gamble, Wilkins, Koon, Riser, Stuart, Knotts, Bauer, Phillips, McCraw, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, R. Smith, Rhoad, Rice, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE MOLLY MITCHELL "MOLLY" SPEARMAN OF SALUDA COUNTY FOR HER YEARS OF EXCELLENT SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 39, THE HOUSE OF REPRESENTATIVES, AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR MOST ESTEEMED FRIEND AND COLLEAGUE IN HER UPCOMING POSITION AS DEPUTY SUPERINTENDENT FOR GOVERNMENTAL AFFAIRS IN THE DEPARTMENT OF EDUCATION.

At 10:50 A.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Ruth Thell Looper Holcombe, to meet at 10:00 A. M. tomorrow.

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