WEDNESDAY, FEBRUARY 25, 1998

Wednesday, February 25, 1998

(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:

Almighty God, able to do for us exceeding abundantly more than we can ask or hope, You know the questions that frequently haunt us, the longings for which we yearn, and the problems for which we have no satisfactory answer. Grant us Your help according to our individual needs. Cleanse us of all that is sinful and unworthy, and inspire us to reach out to loftier fields of endeavor. Open wide our minds inspired by Your teachings as we struggle to perform faithfully and well our daily tasks.

Grant us faith that rises above frustration, patience that bears the strain of waiting, good will that cannot be discouraged, and forgiveness that knows no measure.

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. ROBINSON moved that when the House adjourns, it adjourn in memory of Lillian Ruth Anderson White of Easley, which was agreed to.

INVITATIONS

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

February 3, 1998

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the Council of Chambers of York County I would like to extend an invitation to the members of the House of Representatives to the eleventh annual York County Day Legislative Reception on March 10, 1998.

The reception will be held at the Capital City Club in the Affinity Building from 6:00-8:00 P.M. We would be extremely honored by the attendance of all the members of the South Carolina House of Representatives. Thank you for your time and consideration.

Sincerely,

Anne-Marie Jones

Director of Community and Government Affairs

May 22, 1997

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Association of Realtors, an invitation is extended to the House of Representatives to attend a Luncheon Reception at our annual Capitol Conference. We would like to request that Wednesday, March 11, 1998, be reserved on the House Calendar for this event at the Capital City Club.

The Conference is sponsored by the South Carolina Association of Realtors and the S.C. Realtors Political Action Committee. As mentioned above, the Luncheon Reception will be on Wednesday, March 11, 1998. It will be held from 12:45 P.M. to 2:30 P.M. Realtors from across the State will attend Capitol Conference 1998 to meet their legislators, learn more about the political process, and visit the State House and General Assembly. The reception will be an excellent opportunity for House Members to meet their Realtor constituents.

We would be honored if the House Members would join us March 11, 1998. Should you have questions concerning this matter, please contact the State Office at (803)772-5206. We look forward to hearing from you.

Sincerely,

Bill Cantey, CCIM, CRE

President

February 19, 1998

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

This is a formal request to invite the members of the South Carolina House of Representatives to attend a special day with members of the South Carolina State University family for a reception at Seawell's located at the S.C. State Fairgrounds on Wednesday, March 11 from 6:00-10:00 P.M.

Thank you for your cooperation with this matter.

Sincerely,

Leroy Davis, President

February 4, 1998

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

The Officers and Board of Directors of the South Carolina Horsemen's Council cordially invite the Members of the South Carolina Senate and the Members of the South Carolina House of Representatives to attend a Legislative Reception on March 17, 1998. The reception will be held at the Lace House, 800 Richland Street, Governor's Mansion Complex, from 6:00 P.M. until 8:00 P.M.

We look forward to being with you on March 17th, and with kindest regards, I am

Yours very truly,

Bobby R. Anderson, President

February 6, 1998

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

The Electric Cooperatives of South Carolina cordially invite all members of the House of Representatives to attend our Co-op Day luncheon at the Carolina Coliseum beginning at 12:30 P.M. on Wednesday, March 18, 1998.

We appreciate Colette's assistance in reserving this date.

Attached is a copy of the host questionnaire submitted to the Invitations Committee on January 13, 1998.

If you have any questions or need additional information, please advise.

Sincerely,

Fred A. Cole

President and Chief Executive Officer

May 5, 1997

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

I am writing to request that the South Carolina Chapter of the National Association of Social Workers' Annual Legislative Reception be placed on the House of Representatives Calendar. The reception is scheduled for Wednesday, March 18, 1998, from 6:30-9:00 P.M. at the Sheraton Hotel and Conference Center located at 2100 Bush River Road.

We are looking forward to hearing from you.

Sincerely,

Marvin M. Bryant, ACSW, LMSW

February 3, 1998

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina AFL-CIO would like to invite the members and staff of the House to a reception on Tuesday, March 24, 1998, from 6:00 to 8:00 P.M.

The reception will be held at The Stadium Center, 100 Key Road, Columbia, S.C.

Thank you and we look forward to hearing from you.

Sincerely,

Carolyn Ladd

Secretary-Treasurer

December 18, 1997

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

For thirty-eight years now a group of men from the Columbia area have sponsored the South Carolina State Prayer Breakfast. The purpose of this breakfast is to meet and pray for state and national leaders. This year it will be held March 25, 1998, at 7:45 A.M. at the Embassy Suites Hotel in Columbia.

We respectfully request that this event be placed on the Calendar for the House of Representatives. Each Representative will receive a personal invitation at a later date.

Your cooperation with and participation in this event is much appreciated.

Sincerely,

C. Tommy Young, Chairman

South Carolina Prayer Breakfast Committee

December 2, 1997

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the members of the South Carolina Summary Court Judges Association, it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly’s One Hundred and Fourteenth Session. The pleasure of their company is requested at Seawell’s Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina on March 25th, 1998, commencing at six o’clock P.M.

Sincerely,

William P. Steele, Jr., President

November 5, 1997

The Honorable Rick Quinn

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Quinn:

The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 31, 1998, at 6:00 P.M. at the Woman’s Club, 1703 Blossom Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.

I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact Anne Gillespie at the Association office.

Thank you for your assistance.

Sincerely yours,

D. Pruitt Martin, Chairman

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.

Ordered for consideration tomorrow.

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

H. 4589 -- Reps. Klauber, Hawkins, Cato and Gamble: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF “POLITICAL SUBDIVISION” TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.

Ordered for consideration tomorrow.

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

H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.

Ordered for consideration tomorrow.

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

H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF “VETERAN”, REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.

Ordered for consideration tomorrow.

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

H. 4360 -- Reps. Limehouse, Wilkins, Allison, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Walker, Easterday, Mason and Young-Brickell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE “SEXUALLY VIOLENT PREDATOR ACT” INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF “PATIENT” A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.