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


Printed Page 428 . . . . . Tuesday, January 26, 1999

Tuesday, January 26, 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:

Remain with us, Lord God, throughout this day, and every day, that we may be strong enough that nothing can disturb our peace of mind. Look at the sunny side of life, and make our optimism come true. Work only for the best that the best may be accomplished. To be as enthusiastic at the success of others as we are about our own. Forget our mistakes of the past and press on to greater achievements in the future. Give so much effort to improvements of ourselves that we have no time to criticize others. To be too occupied for worry, too noble to hold a grudge and too thankful to harbor troubles in our lives. Lord, in Your mercy, hear this, our prayer. Amen.

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

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

MOTION ADOPTED

Rep. Davenport moved that when the House adjourns, it adjourn in memory of Danny E. Bridgeman II of Spartanburg, which was agreed to.

INVITATIONS

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


Printed Page 429 . . . . . Tuesday, January 26, 1999

November 19, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:
The S.C. Business & Industry Political Education Committee would like to extend an invitation to the South Carolina House of Representatives to be our guest at the 1999 Annual Meeting scheduled for:
Tuesday, February 2, 1999
1:00 P.M. - 2:45 P.M., luncheon (tentative time)
Adam's Mark Hotel
1200 Hampton Street
Columbia, South Carolina

The value of the lunch will be less than $25.

We look forward to your written reply.

Sincerely,
T. Moffatt Burriss
Executive Vice President

February 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina Professional Engineers and the Consulting Engineers of South Carolina have been pleased to honor the members of the South Carolina General Assembly for several years with a reception held at the Columbia Museum of Art.

This event is a pleasant affair and an excellent way to begin the legislative session for the legislators as well as the members of the two engineering societies. For this reason, we would like to request the date


Printed Page 430 . . . . . Tuesday, January 26, 1999

of Tuesday, February 2, from 6:00 to 8:00 P.M. on that year's legislative calendar. Please consider this letter as the request for that date and notify this office whether or not it is acceptable.

Thank you for the opportunity the Invitations Committee affords the professional societies and the general public for meeting with the Senators and Representatives to express their concerns.

Sincerely,
Jean C. Davis
Account Executive

October 12, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina Association of Council on Aging Directors (SCACAD) would like to invite the members of the Senate and the members of the House of Representatives to the annual Legislative Breakfast on February 3, 1999. The breakfast will be a buffet from 8:00-8:45 A.M. at the Clarion Town House, 1615 Gervais Street in Columbia.

The program is always very brief with a focus on the legislative agenda of the association. As you know the association consists of the aging services providers who lead the focal point in each county and the agenda represents the basic needs of seniors across our State.

I would like to thank Doris Corley who has been so helpful in arranging this event on the House schedule. Please contact me if there is further information required. Thank you.

Sincerely,
Betsy Fuller
President, SCACAD


Printed Page 431 . . . . . Tuesday, January 26, 1999

January 7, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

On Wednesday, February 3, 1999, the South Carolina Association of Christian Schools will host its nineteenth annual Columbia Conference. I would like to invite the members of the South Carolina House to attend. We have appreciated the support of our House Members in the past and we look forward to having them with us again. The luncheon will be at the Holiday Inn City Center on Assembly Street and will begin at 12:30 P.M. We promise to be through no later than 1:30 P.M.

Individual invitations will be sent from our office. In addition, many of our member schools will be contacting their Representatives personally to invite them.

Thank you for your consideration in getting this request on the calendar.

Sincerely in Christ,
Reece Yandle
Executive Director

January 8, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

This letter is intended to confirm that the South Carolina Association of Non-Profit Homes for the Aging would like to extend an invitation for a "coffee-biscuit drop-in" to all House and Senate members. The scheduled time will be from 8:30 A.M.-10:30 A.M. Thursday, February 4, 1999, in Room 212 of the Blatt Building.


Printed Page 432 . . . . . Tuesday, January 26, 1999

If there is additional information that you should like to have concerning the drop-in, please do not hesitate to call me at Lutheran Homes of South Carolina, 749-5125 or 214-8503.

We look forward to seeing each of you there.

Sincerely,
Jean Tilley
Lutheran Homes of South Carolina

October 1, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

Please be advised that the Members of the South Carolina Supreme Court, the South Carolina Court of Appeals, the Circuit Court of South Carolina, and the Family Court of South Carolina, plan to invite the Constitutional Officers of the State of South Carolina, the members of the General Assembly of the State of South Carolina and their staff to "An Old Fashioned Pig Pickin and Barbecue" to meet with the Judges of this State, informally and personally on Tuesday evening, February 9, 1999, at the National Guard Armory, 924 Stadium Road, Columbia, South Carolina, from 6:00 P.M. until 8:00 P.M.

If you should need any additional information, please advise. Thanking you in advance for your assistance, I am

Sincerely,
Judge Paul M. Burch

January 8, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201


Printed Page 433 . . . . . Tuesday, January 26, 1999

Dear Rep. Quinn:

Please allow this letter to serve as a confirmation of the conversation with Ms. Collette Murray Swann of your office. The South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on February 10, 1999, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with the Association's 12th Annual Mid-Year Conference for County Officials.

We would request that this event be placed on the House of Representatives Calendar for 1999. We look forward to having the members of the House with us on the evening of February 10.

Thanking you for your assistance and with best wishes, I am
Alzena Robinson
President

November 5, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

On behalf of the American Heart Association, I would like to invite all the members of the Legislature and their staff members to help us celebrate American Heart Month in February by attending our legislative health event. This event will take place on Thursday, February 11, 1999, from 8:00 A.M.-10:00 A.M. in Room 221 of the Blatt Building. Please come join us for breakfast and learn more about heart disease and stroke in South Carolina.

Sincerely,
Suzanne Hyman
Director of Advocacy


Printed Page 434 . . . . . Tuesday, January 26, 1999

March 26, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina Cable Television Association wishes to confirm in writing its desire to host a legislative reception on Tuesday, February 16, 1999 from 7:00-9:00 P.M. The reception will be held at the Capital City Club. We have already confirmed this date and time with your office by telephone.

We look forward to personally greeting you, members of the House and their staffs at our reception next year. Of course, if you have any questions at all, please feel free to call me at 800/321-3111.

Sincerely,
Nancy Horne
Executive Director

October 8, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The School for the Deaf and the Blind will host a luncheon for all the members of the Senate and all members of the House of Representatives as well as other friends of the agency on Wednesday, February 17, 1999.

The luncheon will be held in Room 221 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.

We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.

Sincerely
Sheila S. Breitweiser, Ed.D.


Printed Page 435 . . . . . Tuesday, January 26, 1999

November 16, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 17, 1999, from 6:00 P.M. to 8:00 P.M. at the Columbia Adam's Mark Hotel.

Thank you for your assistance in this matter. If you have any questions, please call Nancy Walborn, Conference Manager for MASC, at 933-1205.

Sincerely,
Avery B. Wilkerson, Jr.
President

January 21, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina Association of Probate Judges cordially invite the Members of the South Carolina House of Representatives to the 1999 Legislative Conference Reception, Tuesday, February 23, 1999, at 6:00 P.M. located at the Embassy Suites.

Sincerely,
Regina D. LaBlac


Printed Page 436 . . . . . Tuesday, January 26, 1999

June 30,1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina Nursery Association would like to host a breakfast for the members of the South Carolina House of Representatives, the South Carolina Senate, and Constitutional officers on Wednesday, February 24, 1999. The breakfast would be held from 8:00 until 9:30 A.M. at the Capital City Club in Columbia, SC.

We will send an individual invitation to those listed above. Thank you for your consideration of this request.

Sincerely,
George Hyams
President

November 25, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The South Carolina AARP State Legislative Committee is sponsoring its second AARP Day at the Legislature, Wednesday, February 4, 9:30 A.M.-4:00 P.M., Room #101 and #208 of the Blatt Building. AARP members will visit their legislators in both the Blatt and Gressette Buildings and will visit the Capitol.
We p1an to invite all members of the General Assembly to join us for our initial session in Room #101, for coffee throughout the day in Room #208 and for a sandwich lunch from 11:30 A.M. until 1:30 P.M. in Room #208.


Printed Page 437 . . . . . Tuesday, January 26, 1999

Please place us on the House Calendar for this day, and let me know what to do if I need to do anything else. I do appreciate your help with our scheduling.
Sincerely,
Gloria A. Bonali

January 4, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

This will confirm a telephone conversation between Doris Corley of your office and Jan Gerhart of our office reserving Wednesday, February 24, 1999, for the Electric Cooperative of South Carolina Legislative Appreciation Reception. All members and staff of the House of Representatives are invited to attend. The reception is scheduled to be held at the Adam's Mark Hotel in Columbia from 6:00-7:30 P.M. Our completed House Information Report for Legislative Functions is enclosed.

As always, we appreciate Doris's able assistance in reserving dates needed for co-op functions. If you have any questions or need additional information, please advise.

Sincerely,
Fred A. Cole
President and Chief Executive Officer

February 5, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The Construction Industry Association, Carolinas AGC, respectfully requests the date of Tuesday, February 3, 1999, to host a


Printed Page 438 . . . . . Tuesday, January 26, 1999

reception for the Members of the General Assembly and their staffs, from 6:00 until 8:00 P.M. at the Koger Center for the Arts in Columbia.

Sincerely,
Stephen P. Gennett, Executive Vice President

November 19, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

The Wil Lou Gray Opportunity School and the Youth Challenge Academy would like to invite the members of the House of Representatives to a breakfast drop-in on February 25, 1999, from 8:00 A.M.-10:00 A.M. in Room 221, Blatt Building.

Sincerely,
Pat G. Smith
Interim Superintendent

August 21, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201

Dear Rep. Quinn:

South Carolina Dental Association extends to you, the members of the House and their Spouses/guests an invitation to be our honored guests on Wednesday, Feb. 10, 1999 at the Capitol City Club.

Thank you for your consideration.

Sincerely,
James H. (Hal) Zorn, Jr.
Executive Director


Printed Page 439 . . . . . Tuesday, January 26, 1999

REGULATION RECEIVED

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

Document No. 2341
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-50 (A - V)
Coastal Tidelands and Wetlands - Permitting in the Critical Areas
Received by Speaker of the House of Representatives January 21, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration May 21, 1999

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2309
Agency: Department of Labor, Licensing and Regulation

Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-230
Examination; Scheduling and Grading
Received by Speaker of House of Representatives June 3, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration May 3, 1999
H   19990120   Committee Request Withdrawal     120 Day period tolled

19990126   Withdrawn and Resubmitted

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 132 (Word version) --Senators Passailaigue, Elliott and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW DANIEL ISLAND INTERCHANGE OFF THE MARK CLARK EXPRESSWAY IN HONOR OF MASTER BLACKSMITH PHILIP SIMMONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 440 . . . . . Tuesday, January 26, 1999

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 197 (Word version) --Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 307 (Word version) --Senator Lander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 BYPASS IN NEWBERRY COUNTY FROM U. S. HIGHWAY 76 (WILSON ROAD) TO SOUTH CAROLINA HIGHWAY 121 (KENDALL ROAD) AS "BOB LAKE BOULEVARD" IN HONOR OF THE HONORABLE ROBERT C. LAKE, JR., WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS A STATE SENATOR IN THE SOUTH CAROLINA SENATE FOR SIXTEEN YEARS AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS VICE CHAIR AND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AS A TRUSTEE OF WINTHROP UNIVERSITY; AND TO REQUEST


Printed Page 441 . . . . . Tuesday, January 26, 1999

THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3337 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.
Referred to Committee on Judiciary

H. 3338 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONCEALING A CHILD WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER, WHO HAS PROBABLE CAUSE TO BELIEVE A CHILD IS BEING CONCEALED FROM HIS LEGAL CUSTODIAN AND WHO IS ATTEMPTING TO RETURN THE CHILD TO HIS LEGAL CUSTODIAN, MAY ENTER A DWELLING, BUILDING, OTHER STRUCTURE, OR VEHICLE AND USE REASONABLE MEANS TO RECOVER AND RETURN THE CHILD TO HIS LEGAL CUSTODIAN.
Referred to Committee on Judiciary

H. 3339 (Word version) -- Reps. Sharpe, Leach, Lanford, Davenport, Vaughn, Limehouse, Altman and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-253 SO AS TO REQUIRE THE STATE BOARD OF TECHNICAL EDUCATION TO ADMINISTER A CONTINUING EDUCATION PROGRAM FOR COSMETOLOGISTS AND TO


Printed Page 442 . . . . . Tuesday, January 26, 1999

PROVIDE FOR THE RESPONSIBILITIES OF THE BOARD AND TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS PERTAINING TO COURSE PROVIDERS, INSTRUCTORS AND CONTENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3340 (Word version) -- Reps. Allison, Littlejohn and Walker: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO DISABLED PERSONS, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAGS MUST BE ISSUED FOR VEHICLES NOT MORE THAN SIX THOUSAND POUNDS EMPTY DRY WEIGHT THAT ARE NOT USED FOR COMMERCIAL PURPOSES.
Referred to Committee on Education and Public Works

H. 3341 (Word version)--Reps. Cato and Mason: 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.
Referred to Committee on Labor, Commerce and Industry


Printed Page 443 . . . . . Tuesday, January 26, 1999

H. 3342 (Word version) -- Reps. Sharpe, Scott, T. Brown, Breeland, Loftis, Lee, Moody-Lawrence, Davenport and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2425 ENACTING THE "GAMING TOURISM FUND ACT" BY IMPOSING A SIX DOLLAR LICENSE TAX ON EACH PAID ADMISSION TO A CASINO BOAT, TO PROVIDE THAT THIS TAX IS IN ADDITION TO THE ADMISSIONS TAX AND ALL OTHER TAXES AND FOR THE METHOD OF ITS PAYMENT, REPORTING, AND COLLECTION, TO DEFINE "CASINO BOAT," AND TO PROVIDE FOR THE REVENUE TO BE CREDITED TO A SEPARATE GAMING TOURISM FUND USED BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM FOR ITS OPERATIONS AND FOR COMMUNITY FESTIVALS.
Referred to Committee on Ways and Means

H. 3343 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3344 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE


Printed Page 444 . . . . . Tuesday, January 26, 1999

PENALTY FOR HUNTING FROM A RAILROAD RIGHT-OF-WAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Referred to Committee on Labor, Commerce and Industry

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.
On motion of Rep. CAMPSEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3347 (Word version) -- Reps. Kelley, Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, 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, 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,


Printed Page 445 . . . . . Tuesday, January 26, 1999

Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DONALD D. LEONARD OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS LEADERSHIP, PERSONAL ACCOMPLISHMENTS, AND THE MANY SUCCESSES OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS THREE YEARS AS CHAIRMAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3348 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. H. B. "BUCK" LIMEHOUSE, JR., OF CHARLESTON COUNTY FOR HIS EXEMPLARY SERVICE TO THE PEOPLE OF THIS GREAT STATE AS MEMBER AND CHAIRMAN OF THE DEPARTMENT OF TRANSPORTATION COMMISSION AND IN NUMEROUS OTHER CAPACITIES.

Whereas, in February 1994 Harry Bancroft "Buck" Limehouse, Jr., of Charleston County was elected to the South Carolina Department of Transportation Commission; shortly thereafter, Governor Campbell appointed Mr. Limehouse to serve as chairman of the seven-member commission; Governor Beasley renominated him in February 1995, and Mr. Limehouse was reconfirmed as chairman of the commission by the State Senate; and

Whereas, as chairman of the commission, Mr. Limehouse was a member of Governor Beasley's official cabinet; and


Printed Page 446 . . . . . Tuesday, January 26, 1999

Whereas, for "his many contributions to improving the quality of South Carolina's transportation system", Mr. Limehouse was named "Transportation Advocate of the Year" in May of 1995 by the South Carolina Transportation Policy and Research Council; he also has been an active member of the Southern Governors Association's Transportation Task Force; and

Whereas, in 1997, Governor Beasley signed into law the State Infrastructure Bank Board Act, and Mr. Limehouse was appointed to the State Infrastructure Bank Board; Governor Beasley also appointed Mr. Limehouse to serve on the board of directors of the South Carolina Heritage Corridor in 1997; and

Whereas, Mr. Limehouse was a pioneer in the establishment of limited partnerships; he is also a trustee of the United States Bankruptcy Court (Columbia District) and has assisted banks and lending institutions in the Southeast in connection with workouts of real estate held; and

Whereas, Mr. Limehouse served as Chairman of the Southern Governors Conference when the conference was held in Charleston in 1992, and he was Chairman of the South Carolina Public Railways Commission until state government was restructured in the early 1990's; in January 1995, Governor Campbell honored him by bestowing upon him The Order of the Palmetto for distinguished service to the State of South Carolina; and

Whereas, Buck Limehouse is and has been for many years an outstanding and dedicated public servant; he has always put South Carolina first and has never hesitated to give of his time, talents, and resources for the advancement of the State; and

Whereas, he is a man of vision who possesses remarkable leadership characteristics; he has meant much to the Palmetto State and is greatly deserving of recognition. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, commends and thanks Mr. H. B. "Buck" Limehouse, Jr., of Charleston County for his exemplary service to the people of this great


Printed Page 447 . . . . . Tuesday, January 26, 1999

State as member and Chairman of the Department of Transportation Commission and in numerous other capacities.

Be it further resolved that a copy of this resolution be forwarded to Mr. Limehouse.

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

HOUSE RESOLUTION

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

H. 3349 (Word version) -- Rep. Limehouse: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO HARRY BANCROFT "BUCK" LIMEHOUSE, JR., OF CHARLESTON COUNTY, ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA.
Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to Harry Bancroft "Buck" Limehouse, Jr., of Charleston County, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and honored for his service to the State of South Carolina.

The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown H.               Brown J.
Brown T.               Campsen                Carnell
Cato                   Cave                   Chellis

Printed Page 448 . . . . . Tuesday, January 26, 1999

Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               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                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Spearman               Stille                 Stuart
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell


Printed Page 449 . . . . . Tuesday, January 26, 1999

STATEMENT OF ATTENDANCE

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

Ralph W. Canty                      Richard M. Quinn, Jr.
Grady A. Brown

Total Present--121

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHATLEY a leave of absence for two weeks due to medical reasons and orders from the doctor.

DOCTOR OF THE DAY

Announcement was made that Dr. Ira B. Horton of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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


Printed Page 450 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3042 (Word version)
Date:     ADD:
01/26/99   M. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   GOURDINE

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   WILDER


Printed Page 451 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   EMORY

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   INABINETT


Printed Page 452 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   PARKS

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   M. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   RUTHERFORD

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   OTT


Printed Page 453 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   MOODY-LAWRENCE

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   W. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   F. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3155 (Word version)
Date:     ADD:
01/26/99   WILKES

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   MILLER


Printed Page 454 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   GOURDINE

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   WILDER

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   HARVIN


Printed Page 455 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   EMORY

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   INABINETT

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   PARKS

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   J. HINES


Printed Page 456 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   RUTHERFORD

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   OTT

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   MOODY-LAWRENCE

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   W. MCLEOD


Printed Page 457 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   F. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   WILKES

CO-SPONSOR ADDED

Bill Number:   H. 3156 (Word version)
Date:     ADD:
01/26/99   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   SHARPE


Printed Page 458 . . . . . Tuesday, January 26, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:     ADD:
01/26/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:     ADD:
01/26/99   WHATLEY

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
01/26/99   MADDOX

CO-SPONSOR ADDED

Bill Number:   H. 3028 (Word version)
Date:     ADD:
01/26/99   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3332 (Word version)
Date:     ADD:
01/26/99   W. MCLEOD

ORDERED TO THIRD READING

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

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield, Lee, Law and Martin: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO


Printed Page 459 . . . . . Tuesday, January 26, 1999

DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
Rep. CHELLIS explained the Joint Resolution.

H. 3156 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith, Wilkes and Rice: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Rep. CAMPSEN explained the Bill.

H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH


Printed Page 460 . . . . . Tuesday, January 26, 1999

MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
Rep. LANFORD explained the Bill.

H. 3155- -AMENDED AND ORDERED TO THIRD READING
The following Joint Resolution was taken up:

H. 3155 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 9, Article III of the Constitution of this State be amended to read:


Printed Page 461 . . . . . Tuesday, January 26, 1999

"Section 9.   The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected or selected as required by rules of the Senate and House of Representatives during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of


Printed Page 462 . . . . . Tuesday, January 26, 1999

the General Assembly shall not receive any compensation for more than forty days of any one session."

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 ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?

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'."

Rep. CAMPSEN proposed the following Amendment No. 1 (Doc. Number: ConLaws.Sub\Amend\CampsenH3002.doc), which was adopted.
Amend the resolution, as and if amended, page 2, line 20 by adding: "or selected as required by Rules of the Senate and House of Representatives" after the word "elected" and before the word "during".

Rep. CAMPSEN explained the amendment.


Printed Page 463 . . . . . Tuesday, January 26, 1999

POINT OF ORDER

Rep. Scott raised a Point of Order that Amendment No. 1 was out of order in that it dealt with House Rules and not the Constitution of South Carolina and was not germane to the Joint Resolution.
Speaker Wilkins stated that the amendment attempted to amend a line in the Joint Resolution on the present language in the Constitution that refers to the election of officers of the House and he, therefore, overruled the Point of Order.

Rep. CAMPSEN continued speaking.
The amendment was then adopted.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 98; Nays 7

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Brown H.               Brown J.               Brown T.
Campsen                Canty                  Cato
Cave                   Chellis                Clyburn
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hinson                 Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod W.              Meacham                Miller

Printed Page 464 . . . . . Tuesday, January 26, 1999

Neilson                Ott                    Quinn
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Spearman
Stille                 Stuart                 Taylor
Tripp                  Trotter                Vaughn
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--98

Those who voted in the negative are:

Breeland               Hines M.               Howard
McLeod M.              Moody-Lawrence         Neal
Scott
Total--7

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3002- - REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Edge, Robinson, Emory, McCraw, W. McLeod and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE


Printed Page 465 . . . . . Tuesday, January 26, 1999

CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
Reps. HARRISON, CAMPSEN, ALTMAN, HAWKINS, T. BROWN, HARRELL, MCMAHAND, EASTERDAY, BARRETT, BECK, WITHERSPOON, COBB-HUNTER, WHIPPER, NEAL, SCOTT, SHARPE, SANDIFER, LLOYD, KNOTTS, LAW, WOODRUM, MASON, RUTHERFORD, BALES, HAYES, J. HINES, INABINETT, BREELAND, R. SMITH and PHILLIPS requested debate on the Bill.

OBJECTION TO RECALL

Rep. EASTERDAY asked unanimous consent to recall H. 3302 from the Committee on Labor, Commerce and Industry.
Rep. SCOTT objected.

H. 3302--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. EASTERDAY, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:

H. 3302 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.

MOTION PERIOD

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


Printed Page 466 . . . . . Tuesday, January 26, 1999

H. 3002 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Edge, Robinson, Emory, McCraw, W. McLeod and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Judiciary Committee proposed the following Amendment No.1 (Doc Name COUNCIL\KGH\AMEND\15207HTC99), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 27, by striking / craft / and inserting / United States or foreign documented vessel /.
When amended, SECTION 1 reads:
/ SECTION   1.   This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to reenforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided under the Constitution and laws of this State extend to any United States or foreign documented vessel where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992. /
Amend further by striking Section 16-19-170(A), as contained in SECTION 2, beginning on Page 1, and inserting:
/ (A)     It is unlawful for a person to:


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(1)   violate any provision of this chapter or any other provision of the laws or Constitution of this State prohibiting gambling, however described, on a United States or foreign documented vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State;

(2)   manage, supervise, control, operate, or own any United States or foreign documented vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity which would violate any provision of this chapter or any other provisions of the laws or Constitution of this State prohibiting gambling, however described;

(3)   repair a gambling device on a United States or foreign documented vessel described in item (1) or (2) of this subsection, regardless of the location of the United States or foreign documented vessel when the repairs are made. /
Amend further by striking SECTION 3 and inserting:
/ SECTION 3.   If any provision of this act, including the provisions of Section 16-19-170 of the 1976 Code added by it, or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. COTTY explained the Bill.

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

Yeas 101; Nays 17


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Those who voted in the affirmative are:
Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Brown H.               Brown J.               Campsen
Canty                  Carnell                Cato
Cave                   Chellis                Clyburn
Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hinson
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Knotts
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Spearman
Stille                 Stuart                 Taylor
Tripp                  Trotter                Vaughn
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--101


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Those who voted in the negative are:
Breeland               Brown T.               Cobb-Hunter
Dantzler               Hines J.               Hines M.
Howard                 Inabinett              Kennedy
Lloyd                  Mack                   Ott
Pinckney               Rodgers                Rutherford
Scott                  Whipper

Total--17

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

RECURRENCE TO THE MORING HOUR

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

INTRODUCTION OF BILLS

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

H. 3350 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3351 (Word version) -- Reps. Lucas, Neilson, Davenport, J. Hines, McGee, Cobb-Hunter, Spearman, Lourie, M. McLeod, Bales, Phillips, Altman, Ott, McMahand, McKay, Harris, Lee, Rutherford and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT


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PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS, TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Referred to Committee on Labor, Commerce and Industry

H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison and Wilkins: 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.
Referred to Committee on Judiciary

H. 3357 (Word version) -- Reps. Fleming, Wilder and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED;


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TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE

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NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.
Referred to Committee on Ways and Means

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber and Harris: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS


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NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Referred to Committee on Judiciary

H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
Referred to Committee on Ways and Means

H. 3360 (Word version) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY


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THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE EMERGENCY IN THE SUMMER OF 1998 AND FOR TRAVEL EXPENSES INCURRED IN THAT EMERGENCY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3361 (Word version) -- Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.
Referred to Committee on Judiciary

H. 3362 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE 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.
Without reference

H. 3363 (Word version) -- Reps. Lucas, McGee, McKay, Neilson, J. Hines, Davenport and G. Brown: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, AND TO AMEND TITLE 5 BY ADDING CHAPTER 40 SO AS TO ESTABLISH A PROCEDURE BY WHICH UNPAID


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GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED.
Referred to Committee on Judiciary

S. 38 (Word version) --Senators McConnell, Passailaigue, O'Dell, Elliott, Leventis, Wilson and Branton: A JOINT RESOLUTION TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE" AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 3352 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, 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. 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, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MRS. WILLIE RICHARDSON OF PENDLETON, THE LAST OF


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THE ORIGINAL NEGRO FAMILY SETTLERS OF THAT HISTORIC TOWN.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3353 (Word version) -- Reps. Cave and Rhoad: A HOUSE RESOLUTION TO COMMEND MRS. JOHNNIE RUTH JENKINS OF BARNWELL COUNTY ON HER MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE TO HER COMMUNITY UPON HER RETIREMENT FROM THE AIKEN-BARNWELL-LEXINGTON COMMUNITY ACTION COMMISSION.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3354 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE FOREST LAKE ELEMENTARY SCHOOL CHOIR OF COLUMBIA, SOUTH CAROLINA, AND ITS DIRECTOR, MS. ANGELA POWERS, ON THEIR EXUBERANT AND OUTSTANDING PERFORMANCE SINGING TWO SONGS, "WE ARE GOOD SANDLAPPERS" AND "CAROLINA SUNSHINE" AT THE INAUGURAL CEREMONY FOR GOVERNOR JIM HODGES ON JANUARY 13, 1999.
The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3355 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN


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JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.

Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 10, 1999, at 12:00 noon to elect a successor to the Honorable Carol Connor of the Court of Appeals, Seat 1, whose term expires June 30, 1999; to elect a successor to the Honorable William L. Howard of the Court of Appeals, Seat 2, whose term expires on June 30, 1999; to elect a successor to the Honorable Don S. Rushing of the Sixth Judicial Circuit, Seat 1, whose term expired June 30, 1998; to elect a successor to the Honorable Paula H. Thomas of the Circuit Court, At-Large Seat 1, whose unexpired term expires June 30, 2003; to elect a successor to the Honorable H. Dean Hall of the Circuit Court, At-Large Seat 7, whose unexpired term expires June 30, 2003; to elect a successor to the Honorable John W. Kittredge of the Circuit Court, At-Large Seat 11, whose unexpired term expires June 30, 2002; to elect a successor to the Honorable Wesley L. Brown of the Family Court of the Seventh Judicial Circuit, Seat 3, whose term expired June 30, 1998; to elect a successor to the Honorable Wyatt T. Saunders, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 1, whose unexpired term expires


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June 30, 2001; to elect a successor to the Honorable Lee S. Alford of the Family Court of the Sixteenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 2001; and to elect a successor to the Honorable Marvin F. Kittrell of the Administrative Law Judge Division, Seat 1, whose term expires June 30, 1999.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3307 (Word version) -- Reps. Woodrum, Harvin, G. Brown, M. McLeod, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, 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, 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, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY TO WILLIAM JEFFREY "JEFF" YOUNG, OF SUMTER, SOUTH CAROLINA, FOR HIS YEARS OF SERVICE IN THE GENERAL ASSEMBLY AS THE ELECTED


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REPRESENTATIVE OF DISTRICT 67, AND TO RECOGNIZE HIS HARD WORK AS A REPRESENTATIVE AND AS A MEMBER AND SUBCOMMITTEE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND TO ACKNOWLEDGE HIS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO SUMTER AND CLARENDON COUNTIES.

H. 3318 (Word version) -- Reps. Cobb-Hunter and Stuart: A CONCURRENT RESOLUTION APPLAUDING THE OUTSTANDING LEADERSHIP OF RANDOLPH D. SMOAK, JR., M.D., OF ORANGEBURG COUNTY IN HIS ROLE AS CHAIRMAN OF THE AMERICAN MEDICAL ASSOCIATION BOARD OF TRUSTEES AND RECOGNIZING HIS MANY YEARS OF SERVICE TO THE MEDICAL PROFESSION AND TO THE CITIZENS OF THIS NATION AND THIS STATE.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. DAVENPORT adjourned in memory of Danny E. Bridgeman II of Spartanburg, to meet at 2:00 P.M. tomorrow.

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