TUESDAY, APRIL 6, 1999

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

In the rhythm of the changing Seasons, we see Your blueprint for creation and Your guiding hand, good Lord. Remind us each day that You bring all living things to life and that You sustain us in life. You are Lord of clouds and wind, of rain and sunshine. Your are the sovereign God of both nature and human nature. We praise You for our nourishment by the Spring showers and the daily sunshine. Forgive us for our frequent complaining and grumbling; instead give us thankful thoughts as we observe Your love in the blessings of each day that come without number. Be with us “lest we forget, lest we forget.” 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.

MOTION ADOPTED

Rep. YOUNGBRICKELL moved that when the House adjourns, it adjourn in memory of Mrs. Jamie Myers, the First Lady of Summerville, which was agreed to.

RESIGNATION

April 5, 1999

Mr. David H. Wilkins, Speaker

508 Blatt Building

Columbia, SC 29201

Dear Speaker Wilkins:

I hereby resign my seat as a member of the House of Representatives, representing House District 85. This resignation is effective April 5, 1999.

Thank you for your support during my years of service.

Sincerely,

Andre Bauer

Received as information.

INVITATION

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

April 6, 1999

The Honorable Richard Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

There has been a change in location for the annual PSAsponsored appreciation social and catfish dinner scheduled for 6:00 to 8:30 P.M. on Wednesday, April 14, 1999, for all members of the SC General Assembly and their staff. The event will be held in the Concourse of the Carolina Coliseum. Entry should be made through the gate on the north side—located across from the Koger Center.

Please make this change to the event which has already been confirmed on the legislative calendar. If you need further information, please call Louise Newell at 8646563642 or you may reach her by email at .

Sincerely

John W. Kelly

REPORTS OF STANDING COMMITTEE

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

H. 3477 Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4321190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.

Ordered for consideration tomorrow.

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

S. 604 Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3821 Rep. Webb: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY TIGERS BASKETBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF CLEMSON UNIVERSITY, ON WEDNESDAY, APRIL 7, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR MAGNIFICENT 199899 SEASON.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Lady Tigers basketball team, coaches, support personnel, and officials of Clemson University, on Wednesday, April 7, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their magnificent 199899 season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3822 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, CobbHunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, MoodyLawrence, 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 YoungBrickell: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE HOUSE OF REPRESENTATIVES TO RUDOLPH ANDREAS "ANDRE" BAUER FOR HIS EXCELLENT YEARS OF SERVICE TO THE CONSTITUENTS OF HOUSE DISTRICT 85, TO THE HOUSE OF REPRESENTATIVES, ITS ELECTED LEADERSHIP, AND TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR FRIEND AND COLLEAGUE AS HE ASSUMES HIS NEW ELECTED POSITION REPRESENTING DISTRICT 18 OF THE SENATE OF SOUTH CAROLINA.

Whereas, the Honorable Andre Bauer has, since 1997, represented the citizens of District 85, Lexington County, in the House of Representatives; and

Whereas, Representative Bauer is a selfemployed businessman who graduated from the University of South Carolina in business and who was named Mr. U.S.C. in 1989; and

Whereas, his enthusiasm for being elected to the House of Representatives and his willingness to work hard at his new job were exhibited by Representative Bauer when he was elected the SecretaryTreasurer of the Freshman Caucus in 1997, and when he was elected the Second ViceChairman of the Agriculture, Natural Resources and Environmental Affairs Committee; and

Whereas, Andre was elected to the position of First ViceChairman of the Agriculture, Natural Resources and Environmental Affairs Committee for this session; and

Whereas, as a lawmaker, he has been a dedicated member of the House of Representatives; he has worked extremely hard for his constituents, he is accessible, and they hear from him regularly; and

Whereas, his dedication to his legislative position was evident as he was the principal sponsor of thirtyseven bills and resolutions in his freshman session; and

Whereas, by sponsoring and marshalling through the legislative process the bill requiring schools to specifically dedicate time to teach about the United States Constitution and the Declaration of Independence, Representative Bauer showed his dedication to the ideals of patriotism, service to one’s country and state, and education for our youth of these important principles; and

Whereas, Representative Bauer has made a large impact on the House of Representatives during his service here and he will be greatly missed by all the representatives; and

Whereas, as Representative Bauer now moves over to assume the position of the Senator representing District 18 which encompasses the counties of Newberry and Saluda and portions of Lexington and Union counties, we, the members of the House of Representatives, extend to him our very best wishes and also take comfort in the fact that he will not be far away, but just across the hall in the State House, and that we will have regular contact with him; and

Whereas, we express our deepest gratitude that we have had the honor and pleasure of being part of the legislative process with him, and our gratitude that Representative Bauer chooses to continue as a public servant and to work for the people of our great State. Now, therefore,

Be it resolved by the members of the House of Representatives that we express the appreciation of the body to Rudolph Andreas “Andre” Bauer for his excellent years of service to the constituents of House District 85, to the House of Representatives, its elected leadership, and to the citizens of the State of South Carolina, and to extend best wishes to our friend and colleague as he assumes his new elected position representing District 18 of the Senate of South Carolina.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3823 Reps. Allison, Allen, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, CobbHunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, MoodyLawrence, 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, Wilkins, Witherspoon, Woodrum and YoungBrickell: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", WENDY WILLIS OF FOUNTAIN INN, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

Whereas, the members of the General Assembly are proud to have the opportunity to recognize our current “Miss South Carolina,” Wendy Willis of Fountain Inn; and

Whereas, prior to winning the title of “Miss South Carolina,” Miss Willis was crowned Miss Camden; and

Whereas, this outstanding and loving young lady is the daughter of Randy and Linda Willis; and

Whereas, Miss Willis graduated Cum Laude from Clemson University in 1996 with a major in speech and communications and a minor in music. During her tenure at Clemson she maintained a 3.66/4.0 Overall GPA, with a 3.97/4.0 Major GPA. She plans to return to Clemson University in the future and earn a Master’s Degree in Business Administration; and

Whereas, Miss Willis’ other accomplishments include: Miss Clemson University 1993; Opening act for Bob Hope and singing backup for Barry Manilow; winner of Mastercard American Collegiate Talent Search at Clemson University; and serving on the Board of the Kershaw Center Disabilities Foundation; and

Whereas, Miss Willis’ main platform issue is promoting the awareness of and support for the mentally and physically challenged. She feels that despite the Americans with Disability Act, adults with mental and physical disabilities continue to face barriers in American work places and neighborhoods, both attitudinal and physical barriers are preventing individuals with disabilities from working and living in our communities as we do. She has promoted this platform issue by raising $79,473 and devoted 873 hours for these individuals’ special needs; adopting a multihandicapped child (Christopher) and meeting his special needs to help him become a “winner” and reach his full potential as a member of society; and in collaboration with the Kershaw County Board of Disabilities and Special Needs, has helped construct a greenhouse which will provide job training and opportunities for people with disabilities for many years to come; and

Whereas, Miss Willis is presently employed as Director of Community Relations for BILO Center; and

Whereas, Miss Willis’ aspirations for the future are to pursue a career in the sports and entertainment industry; and

Whereas, Wendy Willis is not only brilliant in the academic sphere, she is also a caring and generous human being of deeplyrooted family values and impeccably high standards; and

Whereas, we are extremely proud of Wendy Willis and are delighted to recognize our “Miss South Carolina” who is a goodwill ambassador and role model for our State and a representative of the Palmetto State who is making a difference. 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, extend their best wishes and heartfelt congratulations to our current “Miss South Carolina,” Wendy Willis of Fountain Inn, on the special occasion of “Miss South Carolina Appreciation Day.”

Be it further resolved that a copy of this resolution be presented to “Miss South Carolina,” Wendy Willis.

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

INTRODUCTION OF BILLS

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

H. 3824 Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATIONS, LICENSES, TESTING, RECORDS, CERTIFICATION CHIROPRACTOR/PATIENT RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without Reference

H. 3825 Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without Reference

H. 3826 Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 1617505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.