THURSDAY, MAY 6, 1999

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:

NATIONAL DAY OF PRAYER

On this National Day of Prayer, we welcome, Lord God, the privilege to join our fellow citizens throughout the Country in prayer. We pray not just because You have promised to hear us, but more so because of our need. And we confidently believe You are the sufficiency for our needs. First of all, we would pray in praise and thanksgiving for You to open Your hand to satisfy the desire of all. Then we pray in asking Your continual blessings, for life often becomes demanding with problems beyond our ability to solve alone. So teach us to pray; teach us to pray without ceasing. 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. PHILLIPS moved that when the House adjourns, it adjourn in memory of former Representative Newton C. Taylor of Gaffney, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 277 Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1631080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.

Ordered for consideration tomorrow.

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

H. 3430 Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 5652585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 797 Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FORMER STATE LAWMAKER WILLIAM LAW WATKINS, OF ANDERSON, WHO SERVED HIS NATIVE STATE OF SOUTH CAROLINA IN NUMEROUS OUTSTANDING WAYS THROUGHOUT HIS LONG AND PRODUCTIVE LIFE.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of Mr. William Law Watkins on April 11, 1999; and

Whereas, Mr. Watkins was born on December 26, 1910, in Anderson, South Carolina, the son of T. Frank Watkins and Agnes Law Watkins; and

Whereas, Mr. Watkins attended the public schools in Anderson and in 1927 entered Wofford College, where after only three years he received his A.B. degree and was admitted to the University of Virginia School of Law; and

Whereas, Mr. Watkins was elected to Phi Beta Kappa at the University of Virginia and he graduated from the Law School of the University of Virginia in 1933; and

Whereas, Mr. Watkins began practicing law upon graduation and continued virtually without interruption until his retirement in 1992, except for a period of four years’ military service in World War II; and

Whereas, Mr. Watkins attained the rank of major in the United States Army, where he served in the 24th Infantry Division in the campaign liberating the Philippine Islands in World War II; and

Whereas, Mr. Watkins served Anderson County in the South Carolina General Assembly from 1935 to 1936, and he also served on the South Carolina Probation, Parole and Pardon Board from 1954 to 1969; and

Whereas, Mr. Watkins has served his local community in numerous ways as a leader, including terms as president of his Rotary Club, the Anderson Chamber of Commerce, the Anderson County Hospital Association, and the Anderson YMCA; and

Whereas, Mr. Watkins served as a life trustee of the Gambrill Foundation, as a trustee of Presbyterian College from 1966 to 1975, and as the first president of the South Carolina Bar Association; and

Whereas, Mr. Watkins served various tenures as a trustee or director of numerous outstanding businesses and industries; and

Whereas, Mr. Watkins was awarded the Order of the Palmetto by Governor David Beasley at the time his 64 years of Rotary membership was observed in 1997; and

Whereas, Mr. Watkins wrote and published a brief history of Anderson County titled “Anderson County: The Things That Made It Happen,” and Mr. Watkins recently completed a history of Central Presbyterian Church in honor of his church’s 100th birthday to be observed next year; and

Whereas, Mr. Watkins and his wife, Frances Cyton Watkins, parented four daughters, Sally (Mrs. Allen S. Marshall of Columbia, S.C.), Anna (Mrs. A.C. Hattaway III of Raleigh, N.C.), Betsy (Mrs. A.M. Kinghorn, Jr. of Greenville, S.C.), and Jane (Mrs. Roger W. Mudd of Columbia, S.C.); eight grandchildren; and one greatgrandchild. Now, therefore,

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

That the members of the General Assembly recognize the long productive life of Mr. William Law Watkins, who in numerous admirable ways served his community and State as a fine gentleman, citizen and leader.

Be it further resolved that a copy of this resolution be forwarded to Mrs. William Law (Frances Cyton) Watkins.

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

INTRODUCTION OF BILL

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

S. 770 Senators Bauer and Thomas: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50111925 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANYONE TO IMPORT FROM OUTOFSTATE, AND TO OWN, POSSESS, CONTROL, SELL, CONSUME, OR OTHERWISE DISPOSE OF VENISON AND ALLIGATOR JERKY PRODUCTS WITHIN THIS STATE ONLY IF THE VENISON AND ALLIGATOR JERKY PRODUCT IS PREPARED FROM NONNATIVE, FARMRAISED DEER AND ALLIGATOR AND IS PROCESSED THROUGH GOVERNMENTAPPROVED FACILITIES AS A FOOD ITEM FOR HUMAN CONSUMPTION, TO PROVIDE FOR PERMITS FOR THE IMPORTATION AND SALE OF VENISON AND ALLIGATOR JERKY IN THIS STATE, TO PROVIDE THAT OUTOFSTATE PRODUCERS AND VENDORS, AND IMPORTERS AND SELLERS OF VENISON AND ALLIGATOR JERKY IN THIS STATE MUST MAINTAIN RECORDS ADEQUATE TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES INFORMATION AS TO THE SOURCE OF THE DEER AND ALLIGATOR USED TO PRODUCE VENISON AND ALLIGATOR JERKY, AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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 T.
Campsen / Carnell / Cato
Clyburn / CobbHunter / Cooper
Cotty / Dantzler / Delleney
Easterday / Edge / Emory
Fleming / Gamble / Gilham
Gourdine / Hamilton / Harrell
Harris / Harrison / Harvin
Haskins / Hawkins / Hayes
Hines J. / Hines M. / Hinson
Howard / Keegan / Kelley
Kennedy / Kirsh / Klauber
Knotts / Koon / Law
Leach / Lee / Littlejohn
Lloyd / Lourie / Lucas
Mack / Maddox / Martin
Mason / McCraw / McGee
McLeod M. / McLeod W. / McMahand
Meacham / Miller / Neilson
Ott / Parks / Phillips
Rice / Riser / Robinson
Rodgers / Sandifer / Scott
Sharpe / Sheheen / Simrill
Smith D. / Smith F. / Smith J.
Smith R. / Stille / Stuart
Taylor / Townsend / Vaughn
Walker / Webb / Whatley
Whipper / Wilder / Wilkes
Wilkins / Woodrum / YoungBrickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 6.

Converse ChellisRalph Davenport

Jerry GovanCurtis Inabinett

Douglas JenningsSteve Lanford

H.B. "Chip" LimehouseDwight Loftis

Woodrow McKayBessie MoodyLawrence

Joseph NealClementa Pinckney

Richard QuinnThomas Rhoad

Todd RutherfordLynn Seithel

Daniel TrippWilliam Witherspoon

Total Present117

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence due to personal reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODYLAWRENCE a temporary leave of absence.

LEAVE OF ABSENCE

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

SPECIAL PRESENTATION

Rep. LOURIE presented to the House Richland Northeast High School's Model United Nations Team and other school officials.

SPECIAL PRESENTATION

Rep. HARRISON presented to the House the Hammond School Boys Basketball Team, winners of the 199899 South Carolina Independent Schools' Association Championship, their coaches and other school officials.

SENT TO THE SENATE

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

H. 4029 Rep. Hayes: A JOINT RESOLUTION TO DISSOLVE THE DILLON COUNTY APPLIED TECHNOLOGY CENTER BOARD AND PROVIDE THAT ALL ITS POWERS, DUTIES, AND RESPONSIBILITIES ARE DEVOLVED UPON THE COUNTY BOARD OF EDUCATION OF DILLON COUNTY.

H. 3894 Rep. D. Smith: A BILL TO AMEND SECTION 9850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE AND TRANSFER OF CREDITED SERVICE FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE VESTING REQUIREMENT FOR TRANSFERRING CREDITED SERVICE TO THE SOUTH CAROLINA RETIREMENT SYSTEM FOR A JUDGE OR SOLICITOR WHO ON TERMINATION DOES NOT QUALIFY FOR A BENEFIT UNDER THE JUDICIAL SYSTEM FROM TWELVE YEARS TO THE CURRENT REQUIREMENT FOR VESTING UNDER THE JUDICIAL RETIREMENT SYSTEM OF TEN YEARS FOR JUDGES AND EIGHT YEARS FOR SOLICITORS.

H. 4012 DEBATE ADJOURNED

Rep. NEAL moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4012 Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, F. Smith, J. Smith and Scott: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTYFIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.

H. 3928 AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3928 Rep. Cato: A BILL TO AMEND SECTION 383350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUTOF NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 383380, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11340JM99), which was adopted.

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:

/SECTION1.Section 383350(A) of the 1976 Code is amended by adding:

“(8)the offering of an outofnetwork coverage under a point of service option; the Director of the Department of Insurance shall, by regulations and/or policy bulletin, implement the provisions of this item.”/

Amend title to conform.

Rep. MASON explained the amendment.

The amendment was then adopted.

Rep. MASON explained the Bill.

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

H. 3928 ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MASON, with unanimous consent, it was ordered that H. 3928 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 3865 Reps. Cato, Mason, CobbHunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 3426300, 3426310, 3426500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 3426860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.

Rep. GAMBLE explained the Bill.

H. 3810 Rep. Sheheen: A BILL TO AMEND SECTION 21561, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 215120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.

H. 3865 ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3865 be read the third time tomorrow.

H. 3810 ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3810 be read the third time tomorrow.

H. 3735 AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3735 Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name BBM\9333SOM99), which was adopted.

Amend the bill, as and if amended, Section 4079100(E), page 14, line 30, by adding after the /./:

/Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./

so that when amended Section 4079100(E) shall read:

/(E)An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./

Amend the bill, as and if amended, Section 4079110(I), page 17, line 17, by adding after the / . /:

/ Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board. / so when amended Section 4079110(I) shall read:

/(I)Unless otherwise directed by the board, the suspension, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board’s decision pending completion of the appellate process in accordance with the Administrative Procedures Act. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./

Amend the bill, as and if amended, Section 4079160, page 19, line 4, by adding after the / . /:

/Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board. / so when amended Section 4079160 shall read:

/ A person aggrieved by a final decision of the board may seek review of the decision in accordance with Section 401160. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

Rep. BAILEY explained the Bill.

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

H. 3735 ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3735 be read the third time tomorrow.

H. 3908 AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3908 Rep. Bailey: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name BBM\9332SOM99), which was adopted.

Amend the bill, as and if amended, Section 402910(A)(8), page 21, lines 45, by striking / other than as a minority stockholder / so that when amended the subsection reads:

/(8)one member of the general public who must not be associated with any of the industries represented on the board; /

Amend the bill, as and if amended, Section 402990(C), page 26, line 21, by adding after / . /:

/unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board. /so that when amended the second paragraph of Section 402990(C) reads: