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


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Tuesday, April 20, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.
Deliberations were opened with prayer by Rep. R. SMITH, as follows:

O God of glory and goodness, we are grateful for April's beauty, for the loveliness of common things, and for the light of Your Word, upon our daily paths. May we go forward with fortitude, honoring in the present all that is precious from the past, and keeping bright Your promises for the future. Forgive us for our littleness of faith and for fears that keep us from doing our best. Put a seal on our lips that no bitter words be spoken to wound. Keep us from unfair judgement and careless criticism. Yours, good Lord, is the power and the glory forever and ever. 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. CARNELL moved that when the House adjourns, it adjourn in memory of Holly Self Drummond of Ninety Six, wife of Senator John Drummond, which was agreed to.

INVITATION

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

April 20, 1999
The Honorable Richard Quinn
Chairman, House Invitations Committee
503A Blatt Building
Columbia, South Carolina 29201

Dear Representative Quinn:


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The South Carolina YMCA Youth In Government program would like to host the members of the General Assembly at a luncheon on Wednesday, May 19, 1999, upon adjournment until 2 P.M. We would ask that this be placed on the legislative calendar.

We look forward to this event, and thank you for your assistance.

Sincerely,
Mary Capers Bledsoe
Executive Director, SC YMCA Youth in Government

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 15, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it has tabled H. 3812, and requests that proper notation be recorded on the Joint Resolution:

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


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BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.
Very respectfully,
President
Received as information.

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Scott, Lloyd and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE


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INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3940 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT PROGRAM OF SOUTH CAROLINA TO USE THE AVAILABLE COMMITTEE ROOMS LOCATED IN THE BLATT BUILDING AND THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THURSDAY, DECEMBER 2, 1999, AND FRIDAY, DECEMBER 3, 1999.

Be it resolved by the House of Representatives:

That the YMCA Youth in Government Program of South Carolina is authorized to use the available committee rooms located in the Blatt Building and the Chamber of the South Carolina House of Representatives on Thursday, December 2, 1999, and Friday, December 3, 1999. If the House of Representatives is in statewide session, the House Chamber may not be used.

Be it further resolved that the use of the available committee rooms in the Blatt Building and the Chamber of the South Carolina House of Representatives by the YMCA Youth in Government Program of South Carolina must be in strict accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.


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HOUSE RESOLUTION

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

H. 3941 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AUTHORIZE THE SOUTH CAROLINA JAYCEES MODEL LEGISLATURE TO UTILIZE THE BLATT BUILDING ON SATURDAY, AUGUST 7, 1999, AND SUNDAY, AUGUST 8, 1999, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODY TO CONDUCT A GOVERNMENT PROGRAM.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives authorize the South Carolina Jaycees Model Legislature to utilize the Blatt Building on Saturday, August 7, 1999, and Sunday, August 8, 1999, in accordance with the building policy of the respective body to conduct a government program.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3942 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE INDEPENDENT INSURANCE AGENTS OF SOUTH CAROLINA, CELEBRATING IN JUNE, 1999, THE ONE HUNDREDTH ANNIVERSARY OF THE GROUP'S FOUNDING AND TO EXPRESS APPRECIATION TO ITS PAST AND CURRENT MEMBERS FOR THEIR SERVICE TO THE PEOPLE OF THIS STATE AND THEIR CONTRIBUTIONS TO THE STATE'S ECONOMIC GROWTH AND WELL-BEING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 734 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE COLONEL DENNIS E. DREW OF GREENWOOD ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES MARINE CORPS RESERVE AFTER THIRTY YEARS OF DISTINGUISHED SERVICE AS A MARINE CORPS OFFICER.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3943 (Word version) -- Rep. D. Smith: A BILL TO AMEND CHAPTER 7, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ATTORNEY GENERAL, SO AS TO ADD SECTION 1-7-83, PROVIDING THAT THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS ABOUT THE PAYMENT OF LEGAL FEES TO PRIVATE ATTORNEYS WHO CONDUCT LITIGATION FOR THE STATE, AND TO AMEND SECTION 1-11-180, RELATING TO THE POWERS OF THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD MUST APPROVE FEE STATEMENTS OF PRIVATE ATTORNEYS WHO CONTRACT WITH THE ATTORNEY GENERAL BEFORE THE ATTORNEY GENERAL AUTHORIZES THEIR PAYMENT.
Referred to Committee on Judiciary

H. 3944 (Word version) -- Reps. Seithel, Campsen, Mack and Whatley: A BILL TO ABOLISH THE EIGHT CONSTITUENT AREA BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES; TO AUTHORIZE THE DISTRICT BOARD TO APPOINT UP TO EIGHT ADVISORY BOARDS TO THE DISTRICT BOARD; AND TO DIRECT THE DISTRICT BOARD TO FURTHER DELINEATE THE ROLES AND RESPONSIBILITIES OF VARIOUS SCHOOL COUNCILS AND


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BOARDS; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; AND TO PROVIDE THAT THE DISTRICT BUDGET MUST BE SUBMITTED TO CHARLESTON COUNTY COUNCIL, RATHER THAN TO THE COUNTY LEGISLATIVE DELEGATION.
Referred to Committee on Charleston Delegation

H. 3945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997, SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2361, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

S. 353 (Word version) -- Senator Elliott: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS


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ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
Referred to Committee on Judiciary

S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
Referred to Committee on Judiciary

S. 659 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO


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THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Referred to Committee on Labor, Commerce and Industry

S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION


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16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3947 (Word version) -- Reps. Miller and Battle: A HOUSE RESOLUTION TO HEARTILY CONGRATULATE THE HOUSE OF REPRESENTATIVE'S ESTEEMED READING CLERK, BUBBA CROMER, ON THE OCCASION OF HIS BIRTHDAY, APRIL 19, 1999.

Whereas, James L. Mann "Bubba" Cromer, Jr., was born on April 19, 1963, first-born, beloved son of James Lewis and Carolyn Cromer; and

Whereas, as a former member of the House of Representatives he never chose a party but never missed one either; and

Whereas, Bubba is a true Renaissance Man, having launched a successful male modeling career with his winsome picture in advertisements for his private law office; and

Whereas, Bubba is also a gifted, albeit unpublished, novelist, who is also considered to be a novel person himself; and


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Whereas, Bubba has had a long and illustrious career in the House of Representatives as he served as staff counsel for the Labor, Commerce and Industry Committee; and

Whereas, he traveled the State with laser pointer in hand for the reapportionment hearings he conducted as a member of the House Judiciary Committee; and

Whereas, Bubba decided last year that he would rather "staff" it than "be" it, and he is now the best legislative reading clerk in the nation out of all the reading clerks named "Bubba"; and

Whereas, no one else reads a bill title with the pizzazz that Bubba brings to the job; and

Whereas, Bubba, as House Reading Clerk, continues to enrich the lives and heighten the cultural awareness of House members and staff, and surprises many of our visitors with his daily pre-session literary oratorical warm-up; and

Whereas, Bubba is loved by numerous friends, family members, and professional associates who appreciate and welcome his great humor and his charming eccentricities; and

Whereas, the members of the House of Representatives and its staff are pleased to, in this small way, help Bubba celebrate his birthday in style. Now, therefore,

Be it resolved by the House of Representatives that Bubba Cromer, the House's own reading clerk, is heartily congratulated on the occasion of his birthday.

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
Beck                   Bowers                 Breeland

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Brown G.               Brown H.               Brown J.
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harvin                 Haskins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Klauber
Koon                   Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Phillips
Rhoad                  Rice                   Riser
Robinson               Rutherford             Sandifer
Scott                  Sharpe                 Simrill
Smith D.               Smith R.               Stille
Taylor                 Townsend               Tripp
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 20.

Theodore Brown                    Bill Cotty
Ralph Davenport                   Fletcher Smith
Jerry Govan                       Anthony Harris
James Harrison                    John Hawkins
James Smith                       Mark Kelley
Jake Knotts                       H.B. "Chip" Limehouse
Anne Parks                        Rick Quinn
Lynn Seithel                      Robert Sheheen

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Teddy Trotter                     Seth Whipper
Timothy Wilkes

Total Present--112

LEAVE OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence to attend a board meeting in Washington, D. C. to attend an awards banquet and induction of nominees to the National Co-op Hall of Fame.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RODGERS a leave of absence for the day due to personal reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence due to her husband's death.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a temporary leave of absence to attend a conference committee meeting on the speed limit bill during roll call but arrived at 12:15 P.M.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis E. Costa of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or


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co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3641 (Word version)
Date:     ADD:
04/20/99   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3266 (Word version)
Date:     ADD:
04/20/99   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3267 (Word version)
Date:     ADD:
04/20/99   DAVENPORT

CO-SPONSOR REMOVED

Bill Number:   H. 3884 (Word version)
Date:     REMOVE:
04/20/99   KLAUBER

CO-SPONSOR REMOVED

Bill Number:   H. 3902 (Word version)
Date:     REMOVE:
04/20/99   J. BROWN

ORDERED TO THIRD READING

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

H. 3939 (Word version) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM


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PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.
Rep. BAILEY explained the Bill.

H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


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ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.
Rep. BAILEY explained the Bill.

SENT TO THE SENATE

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

H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.


Printed Page 2040 . . . . . Tuesday, April 20, 1999

H. 3420 -- OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22270DC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-125.   (A)   No person may sue or recover from a firearms manufacturer, trade association, or dealer, or an ammunition manufacturer, trade association, or dealer ex delicto, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the marketing, design, or lawful distribution and sale of firearms or ammunition to the public.

(B)   As used in this Section:

(1)   'design' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;

(2)   'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;


Printed Page 2041 . . . . . Tuesday, April 20, 1999

(3)   'person' means the State of South Carolina, political subdivisions of the State, and individuals.

(c)   Nothing in this section shall prohibit any person from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer ex contractu for breach of contract or warranty, nor shall this section prohibit a products liability action arising out of the malfunction or improper design of any device which results in personal injuries uncommon to the normal and intended functioning of a firearm or ammunition.
SECTION   2.   This act takes effect upon approval of the Governor and applies to all cases and appeals pending on the effective date of the act." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Reps. NEAL, HOWARD, J. BROWN, LLOYD, COBB-HUNTER, MOODY-LAWRENCE, M. HINES, MACK, BREELAND and MCGEE objected to the Bill.

Reps. CATO, HARRISON and CAMPSEN requested debate on the Bill.

H. 3798 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter,


Printed Page 2042 . . . . . Tuesday, April 20, 1999

Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11311JM99), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/   SECTION ____.   Section 40-11-360(A)(8) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

"(8) Public owners performing all or a portion of any work on a project themselves as long as the work performed falls within the limitations of a License Group 2 3 General Contractor or a License Group 3 4 Mechanical Contractor, and so long as the public owner employs a certified qualifying party in the appropriate classification."
SECTION ____.   Section 40-11-360(A) of the 1976 Code, as added by Act 440 of 1998, is amended by adding:

"(9)   Renovations and maintenance projects of the South Carolina Department of Corrections whereby all labor is supplied from that department's own labor forces."/
Renumber sections to conform.
Amend title to conform.

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

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


Printed Page 2043 . . . . . Tuesday, April 20, 1999

H. 3811 -- OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc NBD\AMEND\11303SOM99):
Amend the bill, as and if amended, by striking / December 31, 1999 / on lines 32, 33, 35 and inserting/ December 31, 2000 / so that Section 1 of the bill reads:
SECTION   1.   Section 2 of Act 355 of 1994 is amended to read:

"Section 2.   Chapter 27 of Title 4, Chapter 23 of Title 5, Section 6-7-310 through Section 6-7-1110, and Act 129 of 1963 are repealed, effective five years from the date of approval of this act by the Governor. At the end of five years, on December 31, 2000. On and after December 31, 2000, all local planning programs must be in conformity with the provisions of this act. During the intervening five years Until December 31, 2000, this act is cumulative and may be implemented at any time."
Amend totals and title to conform.

Rep. BAILEY explained the amendment.

Reps. SHEHEEN, COTTY and W. MCLEOD objected to the Bill.

Reps. VAUGHN, LEACH, LOFTIS, HAMILTON, MOODY-LAWRENCE, BAILEY, KNOTTS, CATO, BALES, NEAL and SCOTT requested debate on the Bill.


Printed Page 2044 . . . . . Tuesday, April 20, 1999

H. 3591 -- AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3388MM99), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Notwithstanding any other provision of law, there is established a three-year pilot program regulating raccoon hunting in all game zones in the State. During the three-year duration of this pilot program, the following provisions apply in all game zones:

(1)   The season for hunting raccoons is October 1 through March 15, with weapons and dogs; and March 16 through September 30, without weapons and with dogs only.

(2)   A person who violates a provision of this section is subject to a fine of up to five hundred dollars, which must be forwarded to the appropriate county game fund in the county in which the violation occurred.
SECTION   2.   This joint resolution takes effect upon approval by the Governor and is effective from May 15, 1999 through August 15, 2002./
Renumber sections to conform.
Amend title to conform.


Printed Page 2045 . . . . . Tuesday, April 20, 1999

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

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

S. 27 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22275DJC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 47-1-210.   (A)   It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement.

(B)   Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three hundred dollars or imprisonment not to exceed thirty days, or both.


Printed Page 2046 . . . . . Tuesday, April 20, 1999

(D)   This section does not apply when a live animal is given away as follows:

(1)   by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;

(2)   by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or

(3)   by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club."

SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 21 -- OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22274DJC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:


Printed Page 2047 . . . . . Tuesday, April 20, 1999

"Section 47-1-40.     (A)   Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done by omission or commission, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days three years or by a fine not exceeding eight hundred three thousand dollars, or both, for a second offense; is guilty of a misdemeanor and must be punished or by imprisonment not exceeding two five years or by a fine not exceeding two five thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.

(B)   Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two ten years and by a fine of five ten thousand dollars.

(C)   This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RHOAD explained the amendment.

Reps. HASKINS requested debate on the Bill.
Reps. TRIPP and KENNEDY objected to the Bill.
Rep. RHOAD continued speaking.
Reps. EASTERDAY and LOFTIS requested debate on the Bill.


Printed Page 2048 . . . . . Tuesday, April 20, 1999

H. 3465 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9063SOM99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION   ___.   Section 20-1-250 of the 1976 Code is amended to read:

"Section 20-1-250.   No such A marriage license shall must not be issued when either applicant is under the age of fourteen sixteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, or mother, or other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by such the father, mother, other relative, or guardian giving his or her consent to the marriage." /
Renumber sections to conform.
Amend title to conform.

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

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


Printed Page 2049 . . . . . Tuesday, April 20, 1999

H. 3111 -- ORDERED TO THIRD READING

The following Bill was taken up:

H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Rep. LITTLEJOHN explained the Bill.

The Bill was read the second time and ordered to third reading by a division vote of 36 to 30.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
Ordered for consideration tomorrow.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3324 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE "GILBERT 'GIL' FRANKLIN HALMA BRIDGE."
Ordered for consideration tomorrow.


Printed Page 2050 . . . . . Tuesday, April 20, 1999

HOUSE RESOLUTION

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

H. 3948 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HAMMOND SCHOOL BOYS BASKETBALL TEAM AND ITS COACHES, STAFF, AND SCHOOL OFFICIALS ON THURSDAY, MAY 6, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1998-1999 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Hammond School Boys Basketball Team and its coaches, staff, and school officials on Thursday, May 6, 1999, at a time to be determined by the Speaker for the purpose of being recognized for winning the 1998-1999 South Carolina Independent Schools' Association Basketball Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3949 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THREE MEMBERS OF THE SENECA HIGH SCHOOL "MAT CATS" BOYS WRESTLING TEAM, DERRICK JOHNSON, TONY BUTLER, AND GREG COUTU, ON THE OCCASION OF THEIR WINNING THE 1998-99 CLASS AAA STATE WRESTLING CHAMPIONSHIP IN THEIR RESPECTIVE WEIGHT CLASS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 2051 . . . . . Tuesday, April 20, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3950 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOHN THROCKMORTON OF THE SPRINGFIELD COMMUNITY IN SPARTANBURG COUNTY FOR HIS DISTINGUISHED SERVICE ON THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND HIS MANY CONTRIBUTIONS TO THE LIFE OF HIS COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 3951 (Word version) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: A BILL TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.
Referred to Committee on Ways and Means

H. 3952 (Word version) -- Reps. Loftis, Allison, Altman, Barrett, Beck, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cooper, Davenport, Delleney, Easterday, Emory, Fleming, Gilham, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kirsh, Klauber, Koon, Lanford, Leach, Lee, Littlejohn, Lourie, Lucas, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Moody-Lawrence, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Taylor, Trotter, Vaughn, Tripp, Walker, Webb, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 12-21-2772, AS


Printed Page 2052 . . . . . Tuesday, April 20, 1999

AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIDEO POKER DEFINITIONS, SO AS TO DEFINE "WARNING LABEL"; TO AMEND SECTION 12-21-2774, AS AMENDED, RELATING TO STANDARDS FOR LICENSED VIDEO GAME MACHINES, SO AS TO REQUIRE THAT ALL LICENSED VIDEO GAME MACHINES MUST DISPLAY A WARNING LABEL ADVISING THAT GAMBLING CAN BE ADDICTIVE AND PROVIDING A TOLL FREE NUMBER FOR HELP WITH GAMBLING ADDICTION; BY ADDING SECTION 12-21-1227, RELATING TO THE COST OF THE WARNING LABEL SO AS TO ESTABLISH AND PROVIDE FOR THE USE OF A SPECIAL GAMBLER'S ADDICTION FUND; TO AMEND SECTION 12-21-2802, RELATING TO DISPLAY OF SIGNS ON LICENSED MACHINES, SO AS TO REQUIRE MACHINE OWNERS AND OWNERS OF LICENSES TO PROVIDE HANDOUTS WITH CERTAIN QUESTIONS AND INFORMATION PERTAINING TO GAMBLING ADDICTION.
Referred to Committee on Ways and Means

H. 3953 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 2053 . . . . . Tuesday, April 20, 1999

Rep. HARRISON 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. 3934 (Word version) -- Rep. Meacham: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MANY FRIENDS AND FAMILY OF FRANCIS R. "FRANK" HOUSE OF YORK COUNTY WHO DIED ON MARCH 28, 1999, AT THE AGE OF NINETY-ONE.

H. 3936 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OGDEN S. BABSON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASPHALT PAVEMENT ASSOCIATION, UPON HIS RETIREMENT.

ADJOURNMENT

At 1:05 P. M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Holly Self Drummond of Ninety Six, wife of Senator John Drummond, to meet at 10:00 A.M. tomorrow.

***

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