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


Printed Page 948 . . . . . Wednesday, March 3, 1999

Wednesday, March 3, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our Father God, give us to know the value of bringing a smile to a little child, or adding confidence to those we love, or sharing another's burdens, or blessing another with our friendship. Save us from policies without principles, from labor devoid of honor. Keep us aware that our better selves are winning when we help to end some wrong. May the sacred temple of our inner selves harbor nothing unworthy of our high calling from our God. Lead us and guide us in the way that You would have us to go. Amen.

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

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

MOTION ADOPTED

Rep. WEBB moved that when the House adjourns, it adjourn in memory of Mrs. Alice Hamrick of Greenwood, which was agreed to.

REGULATION WITHDRAWN

Document No. 2412
Agency: Department of Labor, Licensing and Regulation - Office of Amusement Ride Safety
Statutory Authority: 1976 Code Section 41-18-120
Amusement Ride Safety
Received by Speaker of the House of Representatives January 28, 1999
Referred to House Committee on Labor, Commerce and Industry
Legislative Review Expiration May 28, 1999
H   19990128   Referred to Committee
S   19990209   Referred to Committee


Printed Page 949 . . . . . Wednesday, March 3, 1999

S   19990226   Committee Requested Withdrawal

120 Day period tolled

19990302   Permanently Withdrawn

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 2410
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety Regarding Buildings, Use of Hazardous Substances, Explosives, Service Stations, Liquefied Petroleum Gas, Tents, Grandstands and Air Supported Structures, Fire Extinguishers, Local Detention Facilities, and Proximate Audience Pyrotechnics
Received by Speaker of the House of Representatives January 28, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration June 2, 1999
H   19990128   Referred to Committee
S   19990209   Referred to Committee
S   19990225   Committee Requested Withdrawal

120 Day period tolled

19990302   Withdrawn and Resubmitted

Document No. 2326
Agency: Department of Labor, Licensing and Regulation - Board of Chiropractic Examiners
Statutory Authority: 1976 Code Section 40-9-30
Examinations, Licenses, Testing, Records, Certification, Chiropractor/Patient Relationship
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration May 16, 1999
H   19990112   Referred to Committee
S   19990113   Referred to Committee
J   19990225   Committee Requested Withdrawal

120 Day period tolled

19990302   Withdrawn and Resubmitted


Printed Page 950 . . . . . Wednesday, March 3, 1999

Document No. 2380
Agency: Department of Labor, Licensing and Regulation, Board of Registration for Geologists
Statutory Authority: 1976 Code Sections 40-77-05, et seq.
Fees, Use of Seal, Continuing Education, Registration
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration May 15, 1999
H   19990112   Referred to Committee
S   19990113   Referred to Committee
S   19990226   Committee Requested Withdrawal

120 Day period tolled

19990302   Withdrawn and Resubmitted

Document No. 2180
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Division of Motor Vehicles, Driver Training Schools
Received by Speaker of the House of Representatives April 11, 1997
Referred to House Committee on Education and Public Works
Legislative Review Expiration March 23, 1999
S   19990122   Committee Request Withdrawal

120 Day period tolled

19990303   Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEE

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

S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.


Printed Page 951 . . . . . Wednesday, March 3, 1999

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

H. 3427 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Ordered for consideration tomorrow.

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

H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 550 (Word version) -- Senators Hayes, Peeler, Gregory, Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 9, 1999, "YORK COUNTY DAY" IN SOUTH CAROLINA.


Printed Page 952 . . . . . Wednesday, March 3, 1999

Whereas, the population of York County has grown over twenty percent during the past ten years to a current total of 154,313 and is expected to grow by 66,000 by the year 2015; and

Whereas, York County is ranked sixth in the State in the number of jobs announced during 1998, with 1415 new jobs; and

Whereas, York County's total estimated assessed property valuation for 1998 exceeded $576.1 million; and

Whereas, York County expects to announce over $200 million in existing industry investments in 1999; and

Whereas, a total of seventy-three companies, some nationally known, announced plans to locate or expand in York County in 1998, providing a capital investment of over $145.5 million; and

Whereas, gross retail sales in York County have more than doubled since 1986, and increased over three percent during the past year to an estimated $2.8 billion; and

Whereas, York County recognizes the importance of transportation planning as it relates to economic development and quality of life concerns. This has been demonstrated with the adoption of a one-cent sales tax that will generate $99 million for road improvements, the county's successful Infrastructure Bank Board application that resulted in $130 million for a critical regional connector, the business community's support of the Southern Metro Area Regional Transportation initiative, and a growing recognition of the importance of a regional mass transit system. Now, therefore,

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

That the members of the South Carolina General Assembly hereby recognize York County for its many accomplishments and declare March 9, 1999, "York County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers representing the Council of Chambers of York County.


Printed Page 953 . . . . . Wednesday, March 3, 1999

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3654 (Word version) -- Reps. Gourdine, Kennedy, Law, Scott, Harvin, Howard, Canty, H. Brown, Limehouse, J. Smith, Battle, Bowers, Breeland, J. Brown, Clyburn, Dantzler, J. Hines, M. Hines, Jennings, Lloyd, Mack, McGee, McMahand, Moody-Lawrence, Neal, Parks, Pinckney, Rutherford and Stille: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE CERTAIN RESTRICTIONS AND PROVIDE THAT IT IS UNLAWFUL TO USE AIRBOATS DURING THE PERIOD FROM ONE HOUR AFTER LEGAL SUNSET TO LEGAL SUNRISE AND AT ANYTIME DURING THE SEASON FOR HUNTING WATERFOWL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3655 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE FAILING TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTY PROVISION AND TO DELETE THE PROVISION WHICH ALLOWS THE EXPUNGING OF THE RECORDS OF THE ARREST AND CONVICTION OF A PERSON WHO HAS BEEN CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary

H. 3656 (Word version) -- Reps. Littlejohn, Allison, Barrett, Beck, Cato, Davenport, Easterday, Emory, Fleming, Hamilton, Haskins, Hinson, Inabinett, Keegan, Kelley, Leach, Loftis, Martin, Rhoad, Riser, Robinson, Rodgers, Sandifer, Simrill, J. Smith, R. Smith, Stille, Townsend, Vaughn, Walker, Webb, Whatley, Wilder, Woodrum, Young-Brickell and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO ABOLISH COMMON LAW MARRIAGE IN


Printed Page 954 . . . . . Wednesday, March 3, 1999

SOUTH CAROLINA AFTER JUNE 30, 1999, AND TO RECOGNIZE THE VALIDITY OF COMMON LAW MARRIAGES IN EXISTENCE ON THAT DATE; AND TO AMEND SECTION 20-1-360, RELATING TO THE EFFECT OF THE ARTICLE ON MARRIAGE LICENSES ON MARRIAGES CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE, SO AS TO CONFORM THIS SECTION TO THE ABOLISHMENT OF COMMON LAW MARRIAGE AFTER JUNE 30, 1999.
Referred to Committee on Judiciary

H. 3661 (Word version) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER 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.
On motion of Rep. HOWARD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 324 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.
Referred to Committee on Judiciary

S. 476 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS


Printed Page 955 . . . . . Wednesday, March 3, 1999

LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3657 (Word version) -- Reps. Harvin and M. McLeod: A HOUSE RESOLUTION TO COMMEND MR. FERDINAND PEARSON OF CLARENDON COUNTY ON THE OCCASION OF THE FORTIETH ANNIVERSARY CELEBRATION OF THE MANNING BRANCH OF THE NAACP ON MARCH 6, 1999, AND TO RECOGNIZE HIS CONTRIBUTIONS AS A CHARTER MEMBER OF THE MANNING BRANCH OF THE NAACP.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3658 (Word version) -- Reps. Harvin and M. McLeod: A HOUSE RESOLUTION TO COMMEND MR. THELMAR BETHUNE OF CLARENDON COUNTY ON THE OCCASION OF THE FORTIETH ANNIVERSARY CELEBRATION OF THE MANNING BRANCH OF THE NAACP ON MARCH 6, 1999, AND TO RECOGNIZE MR. BETHUNE'S CONTRIBUTIONS TO THE MANNING BRANCH OF THE NAACP AND HIS OTHER LEADERSHIP ROLES IN CLARENDON COUNTY.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3659 (Word version) -- Reps. Harvin and M. McLeod: A HOUSE RESOLUTION TO COMMEND THE HONORABLE REUBEN B. CLARK OF CLARENDON COUNTY FOR HIS WORK IN ESTABLISHING THE MANNING BRANCH OF THE NAACP, WHICH WILL CELEBRATE ITS FORTIETH ANNIVERSARY ON MARCH 6, 1999, AND TO RECOGNIZE HIS CONTRIBUTIONS AS A LEADER IN CLARENDON COUNTY.
The Resolution was adopted.


Printed Page 956 . . . . . Wednesday, March 3, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3660 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO CONGRATULATE DR. ROBERT F. TESTIN OF OCONEE COUNTY ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bauer                  Beck
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Campsen
Carnell                Cato                   Cooper
Dantzler               Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Gourdine               Hamilton
Harrell                Harvin                 Haskins
Hayes                  Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Leach
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Ott
Parks                  Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Vaughn

Printed Page 957 . . . . . Wednesday, March 3, 1999

Walker                 Webb                   Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 3.

Jesse Hines                             Converse Chellis
Harry Askins                            Ralph Canty
Annette Young-Brickell                  Michael Whatley
James Law                               James Harrison
James Klauber                           George Bailey
Denny Neilson                           Bill Cotty
Gary Simrill                            Ralph Davenport
Bessie Moody-Lawrence                   Todd Rutherford
Steve Lanford                           William Clyburn
Jerry Govan                             Anthony Harris
Clementa Pinckney                       Richard Quinn
Fletcher Smith                          Joseph Neal
Daniel Tripp                            Walter Lloyd

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. EMORY a leave of absence for the day due to medical tests.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAWKINS a leave of absence for the day due to a jury trial.

STATEMENT OF ATTENDANCE

Rep. HARRELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 2.

DOCTOR OF THE DAY

Announcement was made that Dr. Harold "Hal" Shaw of Greenville is the Doctor of the Day for the General Assembly.


Printed Page 958 . . . . . Wednesday, March 3, 1999

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3642 (Word version)
Date:     ADD:
03/03/99   WEBB

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   MCMAHAND

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   BOWERS


Printed Page 959 . . . . . Wednesday, March 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   WILKES

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   M. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   CANTY

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
3/03/99     TOWNSEND

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   STILLE


Printed Page 960 . . . . . Wednesday, March 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   GOURDINE

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   RISER

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   HARRIS

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   NEAL


Printed Page 961 . . . . . Wednesday, March 3, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   SCOTT

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/03/99   HOWARD

CO-SPONSOR REMOVED

Bill Number:   H. 3646 (Word version)
Date:     REMOVE:
03/03/99   F. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3135 (Word version)
Date:     REMOVE:
03/03/99   R. SMITH

SPECIAL PRESENTATION

Reps. KLAUBER and CARNELL presented to the House the Lander University Men's Tennis Team, winners for eight consecutive years the Division II National Championship, and their coaches.


Printed Page 962 . . . . . Wednesday, March 3, 1999

SPECIAL PRESENTATION

Reps. DELLENEY and WILKES presented to the House the Lewisville High School "Lions" Football Team, 1998 Class A Champions, and their coaches.

SPECIAL PRESENTATION

Reps. DELLENEY and WILKES presented to the House the Lewisville High School Cheerleading Squad, State Champions for nine consecutive years.

ORDERED ENROLLED FOR RATIFICATION

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

S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.

S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9" AND TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT SUCH SIGNS AS APPROPRIATE FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9."


Printed Page 963 . . . . . Wednesday, March 3, 1999

H. 3639 -- ORDERED TO THIRD READING

The following Bill was taken up:

H. 3639 (Word version) -- Rep. Carnell: A BILL TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE, SO AS TO INCREASE THIS DISTRIBUTION TWO MILLS BEGINNING WITH THE 1999-2000 SCHOOL YEAR.

Rep. KLAUBER demanded the yeas and nays on the passage of the Bill, which were taken resulting as follows:

Yeas 2; Nays 1

Those who voted in the affirmative are:

Carnell                Parks

Total--2

Those who voted in the negative are:

Klauber

Total--1

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

H. 3650 -- DEBATE ADJOURNED

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

H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.


Printed Page 964 . . . . . Wednesday, March 3, 1999

ORDERED TO THIRD READING

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

S. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
Rep. HARRISON explained the Bill.

H. 3375 (Word version) -- Reps. Fleming, McGee, McKay, H. Brown, Altman, J. Smith, Delleney, Spearman, Hawkins, Klauber, Harrison, Maddox, D. Smith, F. Smith, Harris, Whipper and Knotts: A BILL TO AMEND SECTION 17-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER CORPORATIONS IN COUNTIES, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE DEFENDER CORPORATION IS NOT LIABLE FOR A LOSS RESULTING FROM AN ACT OR OMISSION OF A PUBLIC DEFENDER OR OTHER EMPLOYEE OF THE CORPORATION IF THE DEFENDER OR OTHER EMPLOYEE ACTED WITHIN THE SCOPE OF HIS OFFICIAL DUTIES AND IN GOOD FAITH.
Rep. FLEMING explained the Bill.


Printed Page 965 . . . . . Wednesday, March 3, 1999

SENT TO THE SENATE

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

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 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.

H. 3338 (Word version) -- Reps. Harrison and Knotts: 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.

H. 3310 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.

H. 3598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP


Printed Page 966 . . . . . Wednesday, March 3, 1999

PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3600 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3601 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER


Printed Page 967 . . . . . Wednesday, March 3, 1999

RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.

SPEAKER PRO TEMPORE IN CHAIR

POINT OF PERSONAL PRIVILEGE

The SPEAKER arose to a Point of Personal Privilege.

SPEAKER IN CHAIR

H. 3107 -- REJECTED

The following Bill was taken up:

H. 3107 (Word version) -- Rep. Hawkins: 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 then rejected.

H. 3418 -- DEBATE ADJOURNED

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

H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT


Printed Page 968 . . . . . Wednesday, March 3, 1999

THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.

SPEAKER PRO TEMPORE IN CHAIR

H. 3469 -- DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. OTT moved to adjourn debate on the Bill until Tuesday, March 23, which was agreed to.

SPEAKER IN CHAIR

H. 3625 -- POINT OF ORDER

The following Joint Resolution was taken up:

H. 3625 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF FORTY MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.

POINT OF ORDER

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


Printed Page 969 . . . . . Wednesday, March 3, 1999

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3662 (Word version) -- Reps. Govan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION PROUDLY RECOGNIZING AND HEARTILY CONGRATULATING SOUTH CAROLINA NATIVE DR. ROBERT FURCHGOTT ON HIS AWARD OF THE 1998 NOBEL PRIZE FOR MEDICINE DECEMBER 10, 1998, AT CEREMONIES IN STOCKHOLM, SWEDEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3663 (Word version) -- Reps. Limehouse, Altman, Bales, Barfield, Bowers, H. Brown, Campsen, Chellis, Cotty, Gilham, Harrell, Keegan, Meacham, Rodgers, Sandifer, Stille, Whatley, Witherspoon, Young-Brickell and Riser: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 970 . . . . . Wednesday, March 3, 1999

PROPERTY TAX EXEMPTIONS, BY ADDING SECTION 12-37-226 SO AS TO PROVIDE THAT AN INCREASE IN THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY IS EXEMPT FROM PROPERTY TAX TO THE EXTENT THE INCREASE EXCEEDS THE VALUE OF PERMANENT IMPROVEMENTS AND MORE THAN FIFTEEN PERCENT OF THE AVERAGE INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY PRECEDING A COUNTYWIDE REASSESSMENT AND THE YEAR OF A COUNTYWIDE REASSESSMENT, SO LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY HIS SPOUSE; AND TO PROVIDE THAT THE COUNTY ASSESSOR SET THE FAIR MARKET VALUE WHEN THE PROPERTY IS TRANSFERRED.
Referred to Committee on Ways and Means

H. 3664 -- ADOPTED

The following was introduced:

H. 3664 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3626, RELATING TO VIDEO GAME MACHINES WITH A FREE PLAY FEATURE, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MARCH 3, 1999, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3626 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3626, relating to video game machines with a free play feature, is set by special order for second reading or other consideration on Wednesday, March 3, 1999, immediately following the call of the uncontested calendar, and continuing on each legislative day after Wednesday, March 3, 1999, immediately following the call of the uncontested calendar until H. 3626 is given third reading or it is otherwise disposed of.

Rep. D. SMITH explained the Resolution.
The Resolution was adopted.


Printed Page 971 . . . . . Wednesday, March 3, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3665 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE ALISON RENEE LEE OF RICHLAND COUNTY, FORMERLY SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE, ON HER ELECTION TO THE BENCH OF THE CIRCUIT COURT FOR THE STATE OF SOUTH CAROLINA.

Whereas, The Honorable Alison Renee Lee of Richland County, formerly an Administrative Law Judge for the State of South Carolina, was elected as the state's first female African-American Circuit Court Judge by the General Assembly on February 10, 1999; and

Whereas, in its screening report, the Judicial Merit Selection Commission found Judge Lee to have a keen intellect, to be an absolutely outstanding person, and to be an exceptionally well-qualified candidate for the Circuit Court bench; and

Whereas, this achievement is just the most recent in a lifelong pursuit of excellence, beginning with earning an undergraduate degree from Vassar College and a Doctorate of Jurisprudence from the Tulane University Law School; and

Whereas, Judge Lee has worked as a law clerk for the Louisiana Fourth Circuit Court of Appeals and as a law clerk for Judge C. Tolbert Goolsby, Jr., with the South Carolina Court of Appeals; and

Whereas, she was an associate with the McNair Law Firm in Columbia for five years and later served for five years as staff counsel for the South Carolina Legislative Council; and

Whereas, in 1994 she was elected by the General Assembly as an Administrative Law Judge and served in this capacity with distinction until her election to the Circuit Court; and

Whereas, she is married to Kenzil Summey and together they are the proud and loving parents of a son and a daughter; and


Printed Page 972 . . . . . Wednesday, March 3, 1999

Whereas, her consistent excellence in her various pursuits has prepared her for this new task which requires both wisdom and humility. Now, therefore,

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

That the members of the General Assembly do hereby congratulate The Honorable Alison Renee Lee of Richland County, formerly Administrative Law Judge for the State of South Carolina, on her election as a Circuit Court Judge for the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Alison Renee Lee.

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

ORDERED TO THIRD READING

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

H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.

H. 3643 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SANDIFER explained the Bill.


Printed Page 973 . . . . . Wednesday, March 3, 1999

H. 3646 -- POINT OF ORDER

The following Bill was taken up:

H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp, Vaughn and Wilkins: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.

POINT OF ORDER

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

H. 3626 -- AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.
Rep. ROBINSON explained the Joint Resolution.


Printed Page 974 . . . . . Wednesday, March 3, 1999

Rep. BECK proposed the following Amendment No. 1 (Doc Name TSB\BECK), which was adopted.

Amend the resolution, as and if amended, adding /and any person having a financial interest in the business;/ after /by a requirement for background checks for video gaming industry employees, owners, distributors, and operators/
Renumber sections to conform.
Amend totals and title to conform.

Rep. BECK explained the amendment.
Rep. HOWARD spoke against the amendment.
Rep. HOWARD spoke against the amendment.

Rep. HOWARD moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 29 to 53.

The question then recurred to the adoption of the amendment.

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

Yeas 85; Nays 26

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Brown G.
Brown H.               Brown T.               Campsen
Canty                  Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Keegan
Kelley                 Kirsh                  Klauber

Printed Page 975 . . . . . Wednesday, March 3, 1999

Knotts                 Koon                   Lanford
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod W.
McMahand               Meacham                Miller
Neal                   Neilson                Ott
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Young-Brickell

Total--85

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Gourdine               Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Kennedy
Law                    Lee                    Lloyd
Mack                   Maddox                 McLeod M.
Moody-Lawrence         Parks                  Rutherford
Scott                  Trotter                Whipper
Wilkes                 Woodrum

Total--26

So, the amendment was adopted.

Reps. NEILSON, LUCAS, DAVENPORT and J. HINES proposed the following Amendment No. 3 (Doc Name DWN\NEILSON AMENDMENT), which was adopted.


Printed Page 976 . . . . . Wednesday, March 3, 1999

Amend the resolution, as and if amended, by adding the following provision: the Dept. of Revenue is directed to implement not later than May 31, 1999, the monitoring requirements for video games with a free play feature.
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

Rep. BAILEY proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9055SOM99), which was adopted.
Amend the resolution, as and if amended, page 2, line 14, by adding after /industry/ /;

(6)   no person under the age of twenty-one is allowed to play the machines or receive any compensation or pay-out from the machines. /
Amend title to conform.

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

Reps. KIRSH AND SIMRILL proposed the following Amendment No. 6 (Doc Name KIRSH), which was adopted.
Amend the resolution, as and if amended, by striking $200,000,000 on line 1, page 2 and inserting $300,000,000.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. QUINN spoke against the amendment.

Rep. G. BROWN moved that the House recede until 2:15 P.M.

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

Yeas 8; Nays 90


Printed Page 977 . . . . . Wednesday, March 3, 1999

Those who voted in the affirmative are:
Allen                  Bowers                 Brown G.
Brown T.               McLeod W.              McMahand
Miller                 Trotter

Total--8

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Breeland
Brown H.               Brown J.               Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Delleney
Easterday              Edge                   Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Haskins                Hayes
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Martin                 Mason                  McCraw
McGee                  Meacham                Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith R.
Stille                 Taylor                 Tripp
Vaughn                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--90


Printed Page 978 . . . . . Wednesday, March 3, 1999

So, the House refused to recede.

Rep. SIMRILL spoke in favor of the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. TRIPP spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 37; Nays 76

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Carnell                Chellis                Cooper
Cotty                  Dantzler               Davenport
Edge                   Harrell                Harrison
Harvin                 Hayes                  Hinson
Howard                 Keegan                 Kelley
Koon                   Leach                  Loftis
Martin                 McCraw                 McKay
McLeod M.              Quinn                  Rhoad
Riser                  Robinson               Sharpe
Smith R.               Townsend               Tripp
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--37

Those who voted in the negative are:

Allen                  Altman                 Bailey
Bales                  Battle                 Bauer
Beck                   Bowers                 Breeland
Brown J.               Brown T.               Campsen
Canty                  Cato                   Clyburn
Cobb-Hunter            Delleney               Easterday
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harris                 Haskins                Hines J.

Printed Page 979 . . . . . Wednesday, March 3, 1999

Hines M.               Inabinett              Jennings
Kennedy                Kirsh                  Knotts
Lanford                Law                    Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Maddox                 Mason                  McGee
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rice
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sheheen
Smith D.               Smith F.               Smith J.
Stille                 Taylor                 Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Witherspoon

Total - 76

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

RECORD FOR VOTING

I voted no on the vote to table but my vote didn't register on Amendment Number 6.
Rep. Gary Simrill

Rep. CAMPSEN proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\AMEND\20333AFC99), which was adopted.
Amend the resolution, as and if amended, SECTION 1(A), page 2, line 14, immediately inserting before the period / including, but not limited to, criteria by which licenses will be denied or revoked on the basis of information obtained in background checks as provided in Item (1) /
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 980 . . . . . Wednesday, March 3, 1999

Rep. CAMPSEN explained the amendment.
Rep. HOWARD spoke against the amendment.

Rep. HOWARD moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. FLEMING proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\AMEND\20328AFC99), which was tabled.
Amend the resolution, as and if amended, SECTION 1(A), page 2, by inserting immediately after line 11 a new item (5) to read:

/(5)   prohibiting smoking and the sale or consumption of any beer, wine, or alcoholic beverages on the premises on which video game machines with a free play feature are located;/
Amend further, as and if amended, Section 1(A), page 2, line 12, by deleting /(5)/ and inserting /(6)/;
Renumber items to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.

Rep. SHEHEEN spoke against the Joint Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN continued speaking.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

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

Yeas 90; Nays 26


Printed Page 981 . . . . . Wednesday, March 3, 1999

Those who voted in the affirmative are:
Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Brown G.
Brown H.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hinson
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod W.              Meacham
Neilson                Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith D.               Smith J.
Smith R.               Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--90

Those who voted in the negative are:

Breeland               Brown J.               Brown T.
Canty                  Cobb-Hunter            Gourdine
Hayes                  Hines J.               Howard
Inabinett              Lee                    Lloyd
Mack                   McLeod M.              Miller
Moody-Lawrence         Neal                   Ott

Printed Page 982 . . . . . Wednesday, March 3, 1999

Pinckney               Rutherford             Scott
Sheheen                Smith F.               Stille
Wilder                 Wilkes

Total--26

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

SPEAKER IN CHAIR

POINT OF PERSONAL PRIVILEGE

Rep. JENNNGS arose to a Point of Personal Privilege.

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

ADJOURNMENT

At 1:15 P.M. the House in accordance with the motion of Rep. WEBB adjourned in memory of Mrs. Alice Hamrick of Greenwood, to meet at 10:00 A.M. tomorrow.

***

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