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

Tuesday, June 29, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

In accordance with the Proclamation of the Governor, the House assembled at 12:00 Noon.

The SPEAKER took the Chair and deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Lord God, when our responsibilities are increased, then we ask for a double portion of Your guidance. As we face the duties of this day, cause us to use every God given moment wisely and with the greatest discretion. Keep us focused on doing what is right as with joined hands we walk and work together. May we use Your teachings not as a spare tire, but as a steering wheel for our every thought, word and deed. May we feel Your never failing presence around us to protect us, before us to lead us, beneath us to hold us up. The Lord bless and keep us, now and forever. Amen.

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

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

STATE OF SOUTH CAROLINA

EXECUTIVE DEPARTMENT

The following was received.

OFFICE OF THE GOVERNOR

Executive Order No. 99-32

Whereas, the video gaming legislation pending before the General Assembly of the State of South Carolina is a matter of great importance to the citizens of the State; and

Whereas, the General Assembly has been unable to agree on comprehensive video gaming legislation; and

Whereas, Article IV, Section 19 of the South Carolina Constitution states inter alia:

The Governor may on extraordinary occasions convene the General Assembly in extra session.
and,

Whereas, being mindful of the duties and responsibilities placed on me by the Constitution and laws of this State; and in determining that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.

Now, Therefore, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Tuesday, June 29, 1999, at noon.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 24TH DAY OF JUNE, 1999.
/s/ Jim Hodges
Governor

Attest:
James M. Miles
Secretary of State

MOTION ADOPTED

Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of Diane Baker Jackson, which was agreed to.

ACTING SPEAKER CATO IN CHAIR
H. 4263 -- ADOPTED AND SENT TO SENATE

The following was introduced:

H. 4263 (Word version) -- Reps. Wilkins, Haskins, H. Brown, Sharpe, Cato, Townsend, D. Smith, J. Brown, Allison, Kirsh, Leach, Lee, Littlejohn, Lucas, McGee, F. Smith and R. Smith: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING TUESDAY, JUNE 29, 1999, AND PROVIDE THAT THIS EXTRA SESSION OF THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON WEDNESDAY, JUNE 30, 1999, NO LATER THAN 5:00 P.M. UNLESS EXTENDED BY CONCURRENT RESOLUTION ADOPTED BY A TWO-THIRDS MAJORITY VOTE OF BOTH HOUSES WHICH RESOLUTION MAY PROVIDE ONLY FOR THE CONSIDERATION OF THE SAME MATTERS THE EXTRA SESSION WAS AUTHORIZED TO CONSIDER AS PROVIDED HEREIN.

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

That during the extra session of the General Assembly beginning at 12:00 noon, Tuesday, June 29, 1999, the only matters that may be taken up by the General Assembly are the following:

(1)     consideration of gubernatorial vetoes;

(2)     receipt, consideration, and confirmation of appointments;

(3)     ratification of acts;

(4)     consideration of H.3002, including the receipt of and action on any conference or free conference report and messages pertaining to such report;

(5)     consideration of H.3834, including, but not limited to, receipt, consideration, and disposition of any conference and free conference report, appointment of conference and free conference committees, and messages pertaining to such report;

(6)     consideration of local matters which have the unanimous consent of the affected delegation; and

(7)     consideration of resolutions expressing sympathy or congratulations.

Be it further resolved that the extra session of the General Assembly convened at 12:00 noon, on June 29, 1999, shall stand adjourned sine die no later than 5:00 p.m. on Wednesday, June 30, 1999, unless extended by concurrent resolution adopted by a two-thirds majority vote of both the Senate and House of Representatives, provided that such extension resolution may provide only for the consideration of those matters set forth in items (1) through (7) of this resolution.

Rep. WILKINS explained the Resolution.

SPEAKER IN CHAIR

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name B21\RESOLUTION), which was rejected:
Amend the resolution, as and if amended, by STRIKING SECTION (5).
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 46; Nays 51

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Beck                   Campsen
Cato                   Davenport              Delleney
Easterday              Emory                  Fleming
Frye                   Gamble                 Hamilton
Harris                 Hawkins                Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
McMahand               Meacham                Neal
Neal J.M.              Parks                  Phillips
Rice                   Robinson               Sheheen
Simrill                Smith D.               Smith F.
Smith R.               Stille                 Taylor
Townsend               Trotter                Vaughn
Webb

Total--46

Those who voted in the negative are:

Allen                  Askins                 Bailey
Barfield               Battle                 Breeland
Brown G.               Brown H.               Brown J.
Carnell                Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Edge                   Harrell                Harvin
Hayes                  Hinson                 Hosey
Jennings               Keegan                 Kelley
Knotts                 Law                    Lee
Limehouse              Lourie                 McLeod M.
McLeod W.              Miller                 Neilson
Ott                    Quinn                  Rhoad
Riser                  Rodgers                Sandifer
Scott                  Seithel                Smith J.
Stuart                 Tripp                  Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--51

So, the amendment was rejected.

Rep. FLEMING proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3617MM99), which was tabled.
Amend the resolution, as and if amended, by adding an appropriately numbered item to read:
/ ( ) any outstanding conference committee reports; /
Renumber items to conform.
Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 68 to 11.

The question then recurred to the adoption of the Concurrent Resolution.

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

Yeas 73; Nays 29

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Barfield
Barrett                Battle                 Beck
Brown G.               Brown H.               Brown J.
Carnell                Cato                   Chellis
Clyburn                Cotty                  Dantzler
Easterday              Edge                   Emory
Gilham                 Gourdine               Harrell
Harvin                 Hayes                  Hines J.
Hinson                 Hosey                  Jennings
Keegan                 Kelley                 Knotts
Law                    Limehouse              Littlejohn
Lloyd                  Lourie                 Martin
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal J.M.              Neilson                Ott
Parks                  Quinn                  Rhoad
Riser                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Townsend               Tripp                  Trotter
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Young-Brickell

Total--73

Those who voted in the negative are:

Bales                  Bowers                 Campsen
Cooper                 Davenport              Delleney
Fleming                Frye                   Gamble
Hamilton               Harris                 Hawkins
Inabinett              Kirsh                  Klauber
Koon                   Leach                  Loftis
Lucas                  McCraw                 Meacham
Phillips               Rice                   Robinson
Sheheen                Simrill                Stille
Vaughn                 Whipper

Total--29

So, the Concurrent Resolution was adopted and sent to the Senate.

POINT OF PERSONAL PRIVILEGE

Rep. COBB-HUNTER arose to a point of personal privilege.

CONCURRENT RESOLUTION

The following was introduced:

H. 4264 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING BARBARA L. HAYNES OF COLUMBIA FOR HER MANY YEARS OF DEDICATED SERVICE TO THE STATE AS AN EMPLOYEE OF THE LEGISLATIVE COUNCIL, AND WISHING HER HAPPINESS UPON HER RETIREMENT.

Whereas, Barbara Lewis Haynes, a native of Darlington County, has served the State of South Carolina faithfully and admirably for thirty years; and

Whereas, she began working for the Legislative Council of the General Assembly in 1969 and is retiring from state service in 1999 as Office Manager of the Legislative Council; and

Whereas, Barbara Haynes has been a hard-working, devoted, and loyal state employee and is greatly deserving of recognition and thanks. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank Barbara L. Haynes of Columbia for her many years of dedicated service to the State as an employee of the Legislative Council and wish her much happiness upon her retirement.

Be it further resolved that a copy of this resolution be forwarded to Barbara L. Haynes.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4265 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND EVELYN GEORGIANA MOONEYHAM OF COLUMBIA FOR MORE THAN THIRTY YEARS OF OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THE GENUINE AND DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HER DEDICATED SERVICE ON BEHALF OF THE PEOPLE OF SOUTH CAROLINA AS PART OF THE LEGISLATIVE PROCESS, ESPECIALLY FOR HER LOYALTY AND TIRELESS EFFORTS WHILE WORKING WITH THE SENATE JUDICIARY COMMITTEE AND THE SOUTH CAROLINA LEGISLATIVE COUNCIL, AND TO EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT FROM PUBLIC SERVICE.

Whereas, upon joining the staff of the Senate Judiciary Committee in January of 1969, Evelyn Georgiana Mooneyham of Columbia began a long and faithful career of outstanding public service; and

Whereas, possessing remarkable clerical skills and a warm and friendly smile, Georgiana Mooneyham worked diligently as a dedicated member of the staff of the Senate Judiciary Committee for approximately seventeen years, during which she also served faithfully as secretary and Administrative Assistant for former Chairman of the Senate Judiciary Committee, the late Senator L. Marion Gressette; and

Whereas, upon leaving the Senate Judiciary Committee in October of 1985, and following a brief period of service with the South Carolina Educational Television Commission, Georgiana Mooneyham continued public service as part of the legislative process by becoming a member of the research staff of the South Carolina Legislative Council in February of 1986; and

Whereas, conscientious to the core, and bringing her warm smile, therapeutic personality, and a wealth of experience with her, Georgiana Mooneyham proved to be a genuine asset to the Legislative Council where she continued in her faithful and dedicated service in research, as stenographer to drafting attorneys, and working in a variety of capacities with members of the general public as well as elected members of the General Assembly until her retirement, after thirty years of outstanding public service, on June 30, 1999; and

Whereas, throughout her life and career of public service, Georgiana Mooneyham was a significant contributor and team player and has been recognized by virtually all who have known and worked with her as a kind, gentle, and genuinely caring person, and as one who lends a helping hand whenever and wherever needed, to family, friends, coworkers, and strangers alike. Doing justly, loving mercy, walking humbly, Evelyn Georgiana Mooneyham has been both an inspiration and example to those who would do unto others as they would have others do unto them. Now, therefore,

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

That the members of the General Assembly, by this resolution, congratulate and commend Evelyn Georgiana Mooneyham of Columbia for more than thirty years of outstanding service to the State of South Carolina, express the genuine and deep appreciation of the members of the General Assembly for her dedicated service on behalf of the people of South Carolina as part of the legislative process, especially for her loyalty and tireless efforts while working with the Senate Judiciary Committee and the South Carolina Legislative Council, and extend best wishes to her on the occasion of her retirement from public service.

Be it further resolved that a copy of this resolution be presented to Evelyn Georgiana Mooneyham of Columbia.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 910 (Word version) -- Senators McConnell, Courson, Jackson, Washington, Ford, Matthews, J. Verne Smith and Reese: A CONCURRENT RESOLUTION TO THANK THE MEMBERS OF THE SELECTION RECOMMENDATION COMMITTEE OF THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION FOR THEIR DEDICATION TO SEEING THAT THE CONTRIBUTIONS OF AFRICAN-AMERICANS TO THIS STATE RECEIVE OVERDUE RECOGNITION ON THE STATE HOUSE GROUNDS.

Whereas, the General Assembly authorized an African American History Monument on the Capitol Complex grounds to honor the struggles and contributions of African Americans during this state's history; and

Whereas, eleven private citizens, historians, artists, and museum professionals worked tirelessly during a year-long, national search to select a design that would represent this rich, colorful history; and

Whereas, the monument designed by sculptor Ed Dwight is closer to reality because of this committee's efforts; and

Whereas, it is appropriate for the General Assembly to pause in its deliberations and recognize the contributions of the committee members; and

Whereas, committee members included chairman Mac Arthur Goodwin, Elizabeth Alston, William Bodine, Dr. Walter B. Edgar, Amanda Hawkins, Dr. Terry K. Hunter, Dr. Henry G. Michaux, John Rainey, James Wakefield, Dr. Robert R. Weyeneth, and Manning Williams. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, commends and thanks the committee members for their efforts.

Be it further resolved that a copy of this resolution be forwarded to the above listed committee members.

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

INTRODUCTION OF BILLS

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

H. 4266 (Word version) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.
On motion of Rep. HINSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
On motion of Rep. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4268 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THEIR ASSISTANT ACT AND GENERAL CLERK, MARJORIE WATERS LEITER, FOR HER EXEMPLARY PUBLIC SERVICE TO THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE OCCASION OF HER RETIREMENT AND EXTEND VERY BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.

Whereas, with mixed emotions, the members of the House of Representatives have learned that Marjorie W. Leiter of Richland County is retiring on June 30, 1999; and

Whereas, the House of Representatives has been blessed over the years with a staff composed of very able and talented people, and Marjorie Leiter is clearly one of the most capable individuals who has served the General Assembly; and

Whereas, when Marjorie Leiter was named Assistant Act and General Clerk for the South Carolina House of Representatives in 1990, she had an extensive record of public service; and

Whereas, she was employed at the South Carolina Tax Commission from 1967 until 1979; and

Whereas, Marjorie Waters Leiter was born and raised in Blackshear, Georgia, and graduated from Blackshear High School; and

Whereas, Marjorie continued her studies at the University of Georgia and following her graduation in 1956, she married Howard T. Leiter, also a native of Georgia, on April 6, 1957; and

Whereas, Marjorie and Howard live in Spring Valley and throughout their home is a glow of warmth reflected by their love of antiques. They also share a passion for gardening and their yard is spectacular year-round; and

Whereas, we are told that Marjorie loves to play bridge and also finds time for golf and tennis; and

Whereas, Marjorie Leiter has understood the words "duty" and "loyalty" in their larger context and in their nobler adjuration - to listen quietly, to counsel wisely, and to keep confidences; and

Whereas, it is with some sadness that we witness our friend bringing to a close an extraordinary career in public service, a career that has spanned many years, that has witnessed much change, and that has generated an example for others to follow; and

Whereas, legislators and staff alike will miss Marjorie Leiter and her standards of excellence, thoroughness, and efficiency; and

Whereas, the members of the House of Representatives would like to offer to this truly gracious and lovely lady their sincere thanks for her contributions to the House of Representatives, the General Assembly, and the State of South Carolina. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, express gratitude and appreciation to their Assistant Act and General Clerk, Marjorie Waters Leiter, for her exemplary public service to the South Carolina General Assembly on the occasion of her retirement and extend very best wishes for a long and fulfilling retirement.

Be it further resolved that a copy of this resolution be presented to Marjorie Leiter.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4269 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO CONGRATULATE MRS. ADA S. COOPER OF LEE COUNTY ON THE HAPPY OCCASION OF HER NINETY-SEVENTH BIRTHDAY (TUESDAY, JUNE 15, 1999) AND COMMEND AND THANK HER FOR HER DEDICATED SERVICE FOR MANY YEARS TO THE CITIZENS OF HER COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 913 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. BARBARA B. STONE, EXECUTIVE DIRECTOR OF THE GREENVILLE COUNTY DISABILITIES AND SPECIAL NEEDS BOARD, FOR HER THIRTY YEARS OF CONTRIBUTIONS TO THE BOARD ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 914 (Word version) -- Senator Land: A CONCURRENT RESOLUTION APPLAUDING THE ACE CLUB OF MANNING ELEMENTARY SCHOOL IN CLARENDON COUNTY FOR ITS OUTSTANDING EFFORTS IN CARING FOR THE ENVIRONMENT AND CONGRATULATING THE CLUB MEMBERS ON THEIR RECOGNITION AS CHAMPIONS OF THE ENVIRONMENT FOR 1998 AND 1999 AND AS WINNERS OF THE 1999 EAGLES ENVIRONMENTAL AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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
Brown G.               Brown H.               Brown J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harvin
Haskins                Hawkins                Hayes
Hines J.               Hinson                 Hosey
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neal J.M.              Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, June 29.
Theodore Brown

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a leave of absence for the week due to military service.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WALKER a leave of absence for the day to attend a meeting in California.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MADDOX a leave of absence for the week.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WOODRUM a leave of absence for the week.

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

THE HOUSE RESUMES

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

ACTING SPEAKER PHILLIPS IN CHAIR
SPEAKER IN CHAIR
SILENT PRAYER

The House stood in silent prayer for the speedy recovery of George Bailey, Jr., son of Representative George Bailey, who was in a serious automobile accident.

POINT OF QUORUM

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

RULE 3.9 INVOKED

Rep. KELLEY moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 NOT RESCINDED

Rep. HAWKINS moved to rescind Rule 3.9.

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

Yeas 46; Nays 49

Those who voted in the affirmative are:

Allison                Altman                 Bales
Beck                   Bowers                 Campsen
Cooper                 Easterday              Emory
Frye                   Gilham                 Gourdine
Hamilton               Harris                 Hawkins
Hines J.               Hosey                  Kirsh
Klauber                Koon                   Lanford
Leach                  Littlejohn             Lloyd
Loftis                 Lucas                  Mack
McGee                  McMahand               Meacham
Neal J.M.              Phillips               Rice
Robinson               Scott                  Sharpe
Sheheen                Simrill                Smith F.
Smith R.               Stille                 Taylor
Trotter                Vaughn                 Webb
Witherspoon

Total--46

Those who voted in the negative are:

Allen                  Bailey                 Battle
Breeland               Brown J.               Brown T.
Carnell                Chellis                Clyburn
Cotty                  Dantzler               Davenport
Edge                   Fleming                Gamble
Govan                  Harrell                Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Law                    Lee                    Limehouse
Lourie                 Martin                 McCraw
McLeod M.              Miller                 Moody-Lawrence
Neilson                Ott                    Parks
Rhoad                  Riser                  Rodgers
Sandifer               Seithel                Smith J.
Townsend               Tripp                  Whatley
Wilder                 Wilkes                 Wilkins
Young-Brickell

Total--49

So, the House refused to rescind Rule 3.9.

RULE 3.9 RESCINDED

Rep. SIMRILL moved to rescind Rule 3.9.

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

Yeas 53; Nays 47

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Beck                   Breeland               Brown H.
Brown J.               Campsen                Cato
Easterday              Emory                  Fleming
Frye                   Gilham                 Gourdine
Hamilton               Harris                 Hawkins
Hosey                  Inabinett              Kirsh
Klauber                Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Martin
McCraw                 McGee                  McMahand
Meacham                Neilson                Phillips
Rice                   Robinson               Rutherford
Scott                  Sheheen                Simrill
Smith D.               Smith R.               Stille
Taylor                 Trotter                Vaughn
Webb                   Witherspoon

Total--53

Those who voted in the negative are:

Askins                 Bailey                 Bales
Barfield               Battle                 Bowers
Brown G.               Brown T.               Carnell
Chellis                Clyburn                Cotty
Dantzler               Edge                   Gamble
Govan                  Harrell                Harvin
Hayes                  Hines J.               Hinson
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Law
Lourie                 McLeod M.              McLeod W.
Miller                 Ott                    Parks
Rhoad                  Riser                  Rodgers
Sandifer               Seithel                Smith J.
Stuart                 Townsend               Whatley
Whipper                Wilder                 Wilkes
Wilkins                Young-Brickell

Total--47

So, Rule 3.9 was rescinded.

RULE 3.9 INVOKED

Rep. KNOTTS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 NOT RESCINDED

Rep. HAWKINS moved to rescind Rule 3.9.

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

Yeas 46; Nays 55

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Beck                   Breeland               Brown J.
Campsen                Cooper                 Davenport
Easterday              Emory                  Fleming
Frye                   Gilham                 Gourdine
Hamilton               Harris                 Hawkins
Kirsh                  Klauber                Koon
Lanford                Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   McCraw                 McGee
Meacham                Neilson                Phillips
Rice                   Robinson               Rutherford
Sharpe                 Sheheen                Simrill
Smith F.               Smith R.               Stille
Taylor                 Trotter                Vaughn
Witherspoon

Total--46

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Bowers                 Brown G.               Brown H.
Brown T.               Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Edge                   Gamble                 Govan
Harrell                Harvin                 Hayes
Hines J.               Hinson                 Hosey
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Law
Lee                    Lloyd                  Lourie
McLeod M.              McLeod W.              Miller
Neal J.M.              Ott                    Parks
Rhoad                  Riser                  Rodgers
Sandifer               Scott                  Seithel
Smith J.               Stuart                 Townsend
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Young-Brickell

Total--55

So, Rule 3.9 was not rescinded.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 6:30 P.M. the House resumed, the SPEAKER in the Chair.

H. 3002 -- FREE CONFERENCE POWERS REJECTED

Rep. HASKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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

The yeas and nays were taken resulting as follows:

Yeas 75; Nays 37

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Carnell
Cato                   Chellis                Clyburn
Cotty                  Dantzler               Davenport
Edge                   Emory                  Govan
Harrell                Harvin                 Haskins
Hayes                  Hines J.               Hinson
Hosey                  Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Law                    Lee
Limehouse              Lloyd                  Lourie
Martin                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neal J.M.              Neilson                Ott
Parks                  Quinn                  Rhoad
Rice                   Riser                  Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Smith D.
Smith J.               Stuart                 Taylor
Townsend               Tripp                  Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--75

Those who voted in the negative are:

Altman                 Beck                   Campsen
Cooper                 Delleney               Easterday
Fleming                Frye                   Gamble
Gilham                 Hamilton               Harris
Hawkins                Howard                 Kirsh
Klauber                Koon                   Lanford
Leach                  Littlejohn             Loftis
Lucas                  Mack                   McCraw
McMahand               Meacham                Neal
Phillips               Pinckney               Robinson
Sheheen                Simrill                Smith F.
Smith R.               Stille                 Trotter
Vaughn

Total--37

So, Free Conference Powers were rejected.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. D. SMITH moved that when the House adjourns, it adjourn to meet at 10:00 A.M. tomorrow.

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

Yeas 62; Nays 48

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Bowers                 Brown J.               Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Edge                   Emory                  Gilham
Govan                  Harrell                Haskins
Hayes                  Hinson                 Inabinett
Jennings               Keegan                 Kelley
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Martin
McGee                  McLeod M.              McLeod W.
Moody-Lawrence         Neal J.M.              Neilson
Ott                    Parks                  Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Smith D.
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Tripp
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--62

Those who voted in the negative are:

Allison                Altman                 Barrett
Beck                   Brown H.               Brown T.
Campsen                Davenport              Delleney
Easterday              Fleming                Gamble
Gourdine               Hamilton               Harris
Harvin                 Hawkins                Hines J.
Hosey                  Howard                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Littlejohn             Loftis
Mack                   McCraw                 McMahand
Meacham                Miller                 Neal
Phillips               Rice                   Robinson
Sheheen                Simrill                Smith F.
Stille                 Trotter                Vaughn
Webb                   Whatley                Whipper

Total--48

So, the motion was agreed to.

Rep. ALTMAN moved that the House do now adjourn Sine Die.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken, resulting as follows:

Yeas 28; Nays 86

Those who voted in the affirmative are:

Allison                Altman                 Beck
Campsen                Cooper                 Davenport
Delleney               Easterday              Frye
Hamilton               Hawkins                Kirsh
Klauber                Koon                   Lanford
Leach                  Lee                    Littlejohn
Loftis                 Meacham                Sharpe
Sheheen                Simrill                Smith F.
Stille                 Trotter                Vaughn
Whipper

Total--28

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Harrell                Harris                 Harvin
Haskins                Hayes                  Hines J.
Hinson                 Hosey                  Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Law                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neal J.M.              Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Seithel
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--86

So, the House refused to adjourn Sine Die.

HOUSE TO MEET AT 12:00 NOON TOMORROW

Rep. HASKINS moved that when the House adjourns, it adjourn to meet at 12:00 Noon tomorrow, which was agreed to.

Rep. HASKINS 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. 4264 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING BARBARA L. HAYNES OF COLUMBIA FOR HER MANY YEARS OF DEDICATED SERVICE TO THE STATE AS AN EMPLOYEE OF THE LEGISLATIVE COUNCIL, AND WISHING HER HAPPINESS UPON HER RETIREMENT.

H. 4265 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND EVELYN GEORGIANA MOONEYHAM OF COLUMBIA FOR MORE THAN THIRTY YEARS OF OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THE GENUINE AND DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HER DEDICATED SERVICE ON BEHALF OF THE PEOPLE OF SOUTH CAROLINA AS PART OF THE LEGISLATIVE PROCESS, ESPECIALLY FOR HER LOYALTY AND TIRELESS EFFORTS WHILE WORKING WITH THE SENATE JUDICIARY COMMITTEE AND THE SOUTH CAROLINA LEGISLATIVE COUNCIL, AND TO EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT FROM PUBLIC SERVICE.

ADJOURNMENT

At 7:05 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of Diane Baker Jackson, to meet at 12:00 Noon tomorrow.

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