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Rep. CATO raised the Point of Order that the objection was out of order as the Joint Resolution had already received second reading and the House was no longer on the Joint Resolution.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

Rep. J. BROWN moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

The following Bill was taken up.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2250DW.96).

Amend the bill, as and if amended, by striking all after enacting words and inserting:

/SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1317. (A) No election official as defined in Section 8-13-1300 (10)(B) may:

(1) become involved in any way in the campaign of any candidate for any office. This would prohibit any activity in the campaign of federal offices, including candidates for President, Vice President, United States Senate and United States House of Representatives, and any office that could be protested or appealed in an election contest to the board of canvassers;

(2) make financial contributions or contribute personal service to any candidate or candidates for public office;

(3) make a public endorsement of any candidate for public office;

(4) serve as a poll watcher for a candidate for public office or for a political party in a primary or general election; or

(5) serve as a poll manager in any election.

(B) The provisions of subsection (A) apply from the beginning of an election cycle until the time that a candidate files a final campaign report."

SECTION 2. Section 8-13-1300(10) of the 1976 Code is amended to read:

"(10)(A) `Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. ELLIOTT objected to the Bill.

Rep. CROMER moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

The following Bill was taken up.

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7908AC.96), which was adopted.

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

/Section 20-7-1330(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) place the child on probation or under supervision in his the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. Any A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and

Amend title to conform.

Rep. THOMAS explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A PAYMENT PLAN AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE PLAN.

Amend the bill, as and if amended, by striking Section 12-56-20(4), as contained in Section 1, page 1, and inserting:

/(4) `Delinquent debt' means any liquidated sum due and owing any claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made. It does not include sums owed to county hospitals when the hospital and the debtor have entered into a written payment agreement and the debtor is current in meeting the obligations of the agreement./

Amend title to read:

/TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT./

Rep. FLEMING explained the amendment.

The amendment was then adopted.

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

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

Rep. CROMER moved to adjourn debate upon the following Bill until Thursday, February 22, which was adopted.

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

The following Bill was taken up.

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

Rep. MARTIN explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

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

The following was introduced:

H. 4653 -- Rep. Seithel: A CONCURRENT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE, AFTER THEIR RESPECTIVE REVIEWS OF THE PROPOSED SALE

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

The following was introduced:

H. 4654 -- Reps. Tucker and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THOMAS M. CAMAK, SR., OF ANDERSON, FORMERLY OF WARE SHOALS, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

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

H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.

Without reference.

Without reference.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

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

The following Bill was taken up.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

Rep. MEACHAM objected to the Bill.

Rep. CROMER moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

The following Bill was taken up.

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22342SD.96), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Title 24 of the 1976 Code is amended by adding:

Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.

Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130. The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.

Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in state or federal court or in an administrative proceeding:

(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2) testifies falsely or otherwise presents false evidence or information to the court;

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