HOUSE JOURNAL for Apr. 29, 1998 - South Carolina Legislature Online

South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

WEDNESDAY, APRIL 29, 1998

Wednesday, April 29, 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:

Eternal Father, Who has taught us that even good leaders must themselves be led, that wise rulers must themselves have a wiser ruler, that wielders of power must themselves live under a higher power; be for us that Leader, Ruler and Higher Power. Grant to all in positions of public trust that nobler vision, that divine trademark which leads to peace and righteousness on this earth. Keep us cheerful when things go wrong, serene when things are irritating, strong in our trust in God until the day is done.

And to You shall be our praise and thanksgiving. 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.

REGULATION WITHDRAWN

The following was received.

Document No. 2287
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Hunt Units and Wildlife Management Area Regulations
Received By Speaker March 3, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Period Expiration Date July 1, 1998
(Subject to Sine Die Revision)
Agriculture, Natural Resources and Environmental Affairs Committee Requested Withdrawal April 14, 1998
Permanently Withdrawn April 28, 1998

REPORTS OF STANDING COMMITTEES

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.

Ordered for consideration tomorrow.

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

H. 4902 -- Reps. Robinson, Boan and D. Smith: A BILL TO AMEND SECTION 33-44-801, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVENTS CAUSING DISSOLUTION AND WINDING UP OF A LIMITED LIABILITY COMPANY'S BUSINESS, SO AS TO DELETE DISASSOCIATION OF A MEMBER AS A DISSOLVING EVENT AND TO DELETE REFERENCE TO FUTURE DISTRIBUTIONS; TO AMEND SECTION 33-44-103, RELATING TO AN OPERATING AGREEMENT AMONG MEMBERS OF A LIMITED LIABILITY COMPANY, SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SECTION 33-44-503, RELATING TO RIGHTS OF THE TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SECTION 33-44-603, RELATING TO THE EFFECT OF THE DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO THE PURCHASE OF A DISTRIBUTIONAL INTEREST BY A LIMITED LIABILITY COMPANY, ALL SO AS TO REFLECT THE DELETION OF DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY AS A DISSOLVING EVENT.

Ordered for consideration tomorrow.

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

H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.

Ordered for consideration tomorrow.

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

H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.

Ordered for consideration tomorrow.

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

H. 5007 -- Reps. Wilkins and Klauber: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.

Ordered for consideration tomorrow.

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

H. 4462 -- Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.

Ordered for consideration tomorrow.

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

S. 843 -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.

Ordered for consideration tomorrow.

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

H. 3248 -- Reps. F. Smith, McMahand, Whipper, Miller, Lee, Hamilton, M. Hines, Leach, Cato, Wilkins, Mack and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-375 SO AS TO REQUIRE A HOSPITAL, NURSING HOME, OR OTHER LICENSED FACILITY TO INCLUDE AND MAINTAIN INCIDENCE AND OCCURRENCE REPORTS PERTAINING TO PATIENTS IN THE PATIENT'S MEDICAL RECORD.

Ordered for consideration tomorrow.

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

H. 4983 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5099 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes,Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO THANK MS. DARLA MOORE, A NATIVE OF LAKE CITY, ON BEHALF OF ALL SOUTH CAROLINIANS FOR HER MAGNIFICENT GIFT OF TWENTY-FIVE MILLION DOLLARS TO THE UNIVERSITY OF SOUTH CAROLINA BUSINESS SCHOOL AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO HER ON MAY 13, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.

Whereas, the members of the House of Representatives and all South Carolinians are deeply appreciative to Ms. Darla Moore for her truly magnificent gift of twenty-five million dollars to the University of South Carolina Business School; and

Whereas, she is a native of Lake City, is a graduate of the University of South Carolina with a B.A. degree in political science, and is married to investor, Richard E. Rainwater; and

Whereas, the University in return for her generosity has named its business school as "The Darla Moore School of Business" which is the first major business school in the United States to be named for a woman; and

Whereas, Darla Moore is the president of Rainwater, Inc., one of the largest private investment firms in America. Rainwater, Inc., has primarily engaged in the founding and building of major companies in the health care service, oil service, natural gas, insurance, and real estate industries; and

Whereas, Ms. Moore is affiliated with a number of prestigious corporate boards of directors. She chairs the finance committee for the board of Magellan Health Services, Inc., the country's largest provider of mental and behavioral health care. Ms. Moore's past board affiliations include the Columbia/HCA Healthcare Corp., the largest acute care hospital company in the country, where she served as chair of the compensation committee. She also currently serves on the board of Monet, Inc., the largest marketer and manufacturer of fashion jewelry; and

Whereas, prior to joining Rainwater, Inc., in 1994, she was a managing director of Chase Bank. Here, she pioneered "debtor in possession" financing to companies filing Chapter 11 bankruptcy. Widely recognized for her success in finance, she has received numerous awards in banking and finance. In addition, her career has been the subject of many feature articles in major publications, including Fortune, Forbes, Working Woman, Reader's Digest, and The Wall Street Journal; and

Whereas, Ms. Moore is a former member of the board of George Washington University and is a former member of the Educational Foundation Board of the University of South Carolina. In addition to her undergraduate degree from Carolina, she holds a M.B.A. degree from George Washington University; and

Whereas, the members of the House of Representatives, by this resolution, are desirous of publicly recognizing and thanking this truly outstanding native of South Carolina for her generosity in making this wonderful gift to the University of South Carolina Business School. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives thank Ms. Darla Moore, a native of Lake City, on behalf of all South Carolinians for her magnificent gift of twenty-five million dollars to the University of South Carolina Business School, and pursuant to Rule 10.1 extend the privilege of the floor of the House of Representatives to her on May 13, 1998, at a time to be determined by the Speaker for the purpose of being recognized and presented a copy of this resolution.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5100 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES FOR ITS MERITORIOUS AND EXEMPLARY WORK ON BEHALF OF ARTS EDUCATION IN SOUTH CAROLINA, AND COMMENDING THE SCHOOL FOR SETTING A STANDARD OF EXCELLENCE IN ARTS EDUCATION AND ENHANCING THE LIVES OF THE PALMETTO STATE'S STUDENTS, TEACHERS, AND CITIZENS WHO REAP THE BENEFITS OF AN ENRICHED ARTS ENVIRONMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5101 -- Reps. Govan, Felder, Sharpe, Stuart, Lloyd, Cobb-Hunter, Moody-Lawrence, J. Hines, Scott, Inabinett, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS AND THEIR COACH CY ALEXANDER AND HIS STAFF ON THEIR OUTSTANDING TEAM AND INDIVIDUAL ACCOMPLISHMENTS DURING THE 1997-98 MEN'S BASKETBALL SEASON, INCLUDING A MEAC TITLE, A TRIP TO THE NCAA TOURNAMENT, AND AN OVERALL RECORD OF 22-8.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5102 -- Reps. Seithel, Campsen, M. Hines, Altman, Harrell, Whatley, Dantzler, Breeland, Mack, Young-Brickell and Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE ELZA M. ALTERMAN FOR HER SUCCESSES AS A BUSINESSWOMAN AND HER CONTRIBUTIONS TO THE VITALITY OF DOWNTOWN CHARLESTON, UPON THE CLOSING OF HER KING STREET SHOP, ELZA'S WOMEN'S APPAREL, AFTER FORTY-SEVEN YEARS OF BUSINESS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.

The Concurrent Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS

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

H. 5103 -- Reps. Miller and T. Brown: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS.

On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.

Referred to Committee on Judiciary.

S. 995 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK CASHING SERVICES.

Referred to Committee on Labor, Commerce and Industry.

S. 1047 -- Senators Jackson, Cork, Holland, Short, Glover, Ford, Land, Hutto, Matthews, Patterson, Drummond and Ravenel: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND.

Referred to Committee on Ways and Means.

S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.

Referred to Committee on Ways and Means.

S. 1168 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PUTATIVE FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 5104 -- Reps. R. Smith, Clyburn, Mason, Beck and Sharpe: A HOUSE RESOLUTION CONGRATULATING DENTON T. JOHNSON, FIRST EXECUTIVE DIRECTOR OF THE COMBINED AIKEN COUNTY REGISTRATION AND ELECTION COMMISSION, FOR HIS DISTINGUISHED PUBLIC SERVICE IN THAT POSITION ON THE OCCASION OF HIS RETIREMENT LATER THIS YEAR AND WISHING FOR HIM IN RETIREMENT HEALTH AND HAPPINESS IN ALL HIS ENDEAVORS.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Baxley                 Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cato                   Cave
Chellis                Cobb-Hunter            Cooper
Cotty                  Cromer                 Davenport
Delleney               Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Harvin
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Maddox                 Martin
Mason                  McAbee                 McCraw
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Neilson
Phillips               Pinckney               Rhoad
Rice                   Sandifer               Scott
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 29.

William Clyburn                   Thomas M. Dantzler
James N. Law                      Alfred B. Robinson, Jr.
Jackson S. Whipper                John G. Felder
Charles R. Sharpe                 Andr� Bauer
Bradley L. Jordan                 Douglas Jennings, Jr.
George Campsen III                Richard M. Quinn, Jr.
Marion P. Carnell                 John W. Riser
Victoria T. Mullen                Lynn Seithel
Ralph W. Cantey                   Joseph H. Neal
Scott Beck                        Michael E. Easterday

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for today and tomorrow.

The SPEAKER granted Rep. RODGERS a leave of absence for the day due to illness.

The SPEAKER granted Reps. EASTERDAY and BECK a temporary leave of absence.

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

SPECIAL PRESENTATION

Reps. RHOAD and G. BROWN presented to the House J. David Horton of Bamberg-Ehrhardt High School on being named "National High School Baseball Coach of the Year."

SPECIAL PRESENTATION

Reps. RHOAD and CAVE presented to the House Theodore "Chap" Chaplin, Jr., Head Basketball Coach from Denmark Technical College on winning his five hundredth game.

H. 4918--CO-SPONSOR REMOVED

In accordance with House Rule 5.2 below:

"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. ~~After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.~~ A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number: H. 4918

DATE REMOVE:

4/29/98 James G. McGee III

H. 4959--CO-SPONSOR ADDED

Bill Number: H. 4959

DATE ADD:

4/29/98 Walton J. McLeod

H. 4682--CO-SPONSORS ADDED

Bill Number: H. 4682

DATE ADD:

4/29/98 Vida Osteen Miller

4/29/98 James A. Battle, Jr.

4/29/98 Theodore A. Brown

H. 3569--CO-SPONSOR REMOVED

Bill Number: H. 3569

DATE REMOVE:

4/29/98 J.M. Knotts, Jr.

ACTING SPEAKER CATO IN CHAIR
POINT OF PRIVILEGE OF THE HOUSE

Rep. WILKINS arose to a Point of Privilege of the House.

SPEAKER IN CHAIR
ORDERED TO THIRD READING

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

S. 1209 -- Senators Giese and Holland: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.

S. 130--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.

S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.

SENT TO THE SENATE

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

H. 4446 -- Reps. Gamble and Knotts: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.

H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.

H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.

H. 5065 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO REPORTING INSURANCE POLICIES WITH EFFECTIVE DATES ON OR AFTER JULY 1, 1989, EXAMINATION OF CLAIM FILES, ADMISSION OF EXPERT'S REPORT AS EVIDENCE, POSTPONEMENT OR ADJOURNMENT OF A HEARING, INFORMAL CONFERENCE, SELF-INSURANCE APPLICATION, FINANCIAL ANALYSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.

H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.

H. 5073--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. PINCKNEY having the floor.

H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.

Rep. PINCKNEY continued speaking.

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

S. 963--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.

S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.

S. 893--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.

S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.

S. 442--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.

S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

S. 174--REQUESTS FOR DEBATE

The following Bill was taken up.

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

Reps. HARRISON, KLAUBER, FLEMING, HAWKINS, LEACH, ALTMAN, WITHERSPOON, JENNINGS, MASON, KNOTTS, WHATLEY, HINSON and J. BROWN requested debate on the Bill.

H. 5075--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 5075 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BATTLE explained the Joint Resolution.

Rep. TRIPP moved to adjourn debate upon the Joint Resolution until Thursday, April 30, which was adopted.

S. 1186--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill, which was adopted.

S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.

H. 3569--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 3569 -- Reps. Jordan, Altman, Barrett, Simrill, F. Smith, Littlejohn, R. Smith, Meacham, Rodgers, Townsend, Sandifer, Riser, Bailey, Cooper, Maddox, Martin, Hamilton, Neilson, Wilder, Stille, Koon, Easterday, Young, Govan, Davenport, Young-Brickell, Inabinett, Mason and Leach: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS, INCLUDING PENALTIES AGAINST A BUSINESS THAT KNOWINGLY PERMITS A VIOLATION OF THIS SECTION WITHIN ITS PREMISES, WHICH PENALTIES MAY INCLUDE A LOSS OF ALCOHOLIC LIQUOR LICENSES, TO DEFINE AND PROHIBIT NUDITY, AND TO PROVIDE PENALTIES FOR VIOLATION.

Reps. HARRISON, JORDAN, J. SMITH, WOODRUM, KNOTTS, ALTMAN, HAWKINS, LOFTIS, FLEMING, BARRETT and MASON requested debate on the Bill.

H. 4889--DEBATE ADJOURNED

The following Bill was taken up.

H. 4889 -- Reps. Easterday, Allison, Altman, Bailey, Barrett, Baxley, Beck, Breeland, T. Brown, Cato, Chellis, Cromer, Edge, Fleming, Gamble, Hamilton, Harrell, A. Harris, Haskins, J. Hines, M. Hines, Jordan, Kelley, Kinon, Kirsh, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Loftis, Mason, McGee, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Neilson, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stoddard, Tripp, Whatley, Whipper, Wilder, Wilkes, Woodrum, Young, Young-Brickell and McMaster: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON APPROPRIATIONS, SO AS TO REQUIRE GENERAL FUND SURPLUS REVENUES TO BE USED TO ACCELERATE REPAYMENT OF STATE CAPITAL IMPROVEMENT BONDS AND PAY CASH FOR PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS FOR WHICH BONDS HAVE NOT YET BEEN ISSUED, TO PROVIDE FOR THE PLAN FOR THE USE OF THE SURPLUS TO BE ADOPTED BY THE JOINT BOND REVIEW COMMITTEE AFTER RECEIVING THE RECOMMENDATIONS OF THE STATE TREASURER ON POTENTIAL INTEREST EXPENSE SAVINGS AND FORWARDED FOR IMPLEMENTATION TO THE STATE BUDGET AND CONTROL BOARD.

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that H. 4889 was out of order in that it was in violation of Code Section 11-11-140.

SPEAKER WILKINS stated that he would render a ruling at a later date.

Rep. H. BROWN moved to adjourn debate upon the Bill, which was adopted.

H. 4378--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 4378 -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.

Reps. FLEMING, HARRISON, KIRSH, ROBINSON, LEACH, J. SMITH, SCOTT, YOUNG, COTTY and WOODRUM requested debate on the Bill.

H. 3826--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3826 -- Reps. J. Smith, Pinckney, Cromer and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS TO INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION TO BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.

POINT OF ORDER

Rep. TRIPP raised a Point of Order that since Rep. HODGES was no longer a member of the House that his name should be removed from the Bill.

SPEAKER, WILKINS sustained the Point of Order and ordered that Rep. Hodges name be removed from H. 3826.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21469SD.98), which was adopted.

Amend the bill, as and if amended, by striking Section 25-11-25 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 25-11-25. Beginning with fiscal year 1999-2000, to the extent that the General Assembly appropriates funds for the use of veterans' organizations, it must appropriate funds for the use of the Vietnam Veterans of America, Inc., in a like amount and under the same conditions. The appropriation for the Vietnam Veterans of America, Inc., must be in addition to amounts previously appropriated for other veterans' organizations./

Amend title and totals to conform.

Renumber sections to conform.

Rep. YOUNG-BRICKELL explained the amendment.

The amendment was then adopted.

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

H. 4959--DEBATE ADJOURNED

The following Bill was taken up.

H. 4959 -- Reps. Chellis, Knotts and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.

Rep. VAUGHN explained the Bill.

Rep. KIRSH moved to adjourn debate upon the Bill, which was adopted.

H. 4853--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4920MM.98), which was adopted.

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

/SECTION 1. Section 12-28-710(9) and (12) of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:

"(9) kerosene and diesel fuel used as heating oil or in trains, or used ~~for other nonhighway purposes~~ in equipment not licensed as a motor vehicle other than as expressly exempted under another provision;

(12) taxable motor fuel used in state-owned school buses and in state- owned administration and service vehicles used in the pupil transportation program and transportation of students by state-funded institutions of higher learning;"/

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

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

H. 4570--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4570 -- Reps. Easterday, Simrill, Leach, Inabinett, Mason, McKay, Rodgers, Hamilton, R. Smith, Lloyd, Vaughn, Stille, Young, McGee, Koon, Moody-Lawrence, McMaster, Rice, Fleming and Bauer: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4932MM.98), which was adopted.

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

/SECTION 1. Section 12-36-90(2) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding:

"(h) the purchase price paid by the lessee during or at the end of the term of a consumer automobile lease pursuant to the provisions of the lease to the extent that the sales tax has already been paid on the lease pursuant to this chapter. When the lessee purchases the automobile during or at the end of the term of the lease, any sales tax remaining to be paid by the lessee on the purchase price is due and payable at that time."

SECTION 2. This act takes effect on July 1, 1999./

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

Rep. VAUGHN explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill, which was adopted.

H. 3069--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5549HTC.98).

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

/SECTION 1. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3500. (A) There is allowed as a nonrefundable credit against any tax imposed pursuant to this chapter an amount equal to thirty-three percent, but not more than fifteen thousand dollars, of a taxpayer's investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed fifteen thousand dollars. Any unused credit may be carried forward to five succeeding taxable years. Regardless of the actual time of the investment, the credit is allowed for a taxable year beginning in the calendar year the project is registered with the South Carolina Film Office as a qualified South Carolina motion picture project.

(B) In addition to the credit provided in subsection (A), a nonrefundable credit is allowed against any taxes imposed pursuant to this chapter in an amount equal to thirty-three percent of the value of a taxpayer's investment in the construction or conversion and equipping of a motion picture production facility in this State in which the taxpayer purchases an ownership interest with the taxpayer's investment. No credit is allowed unless an amount equal to at least fifty percent of the total amounts invested by all South Carolina investors in the motion picture production facility multiplied by three has been expended directly in this State on the motion picture production facility but not less than one hundred thousand dollars. Documentation sufficient to provide confirmation of this threshold must accompany the application for the credit. Any unused credit may be carried forward to five succeeding taxable years. The total amount of credit, which may be claimed by all taxpayers with respect to the construction or conversion and equipping of a single motion picture production facility may not exceed five million dollars.

(C) Credits allowed under this section are allocated to partners, limited liability company members, and subchapter 'S' corporation shareholders based on the percentage of their interest.

(D) Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.

(E) All documentation provided by investors and their agents to the Department of Revenue and the South Carolina Film Office in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).

(F) as used in this section:

(1) 'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or real property with any improvements thereon, or any combination of these.

(2) 'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.

(3) 'Motion picture production facility' means a site that contains a single soundstage or a cluster of soundstages, built or converted to contain the equipment necessary to accomplish the principle photography stage of motion picture production. If the site contains a single soundstage, the soundstage must contain a minimum of seventeen thousand square feet of floorspace with an overhead clearance of forty feet to the grid. If the site is a cluster of soundstages, one soundstage of the cluster of soundstages must be a minimum of seventeen thousand square feet of floor space with an overhead clearance of forty feet to the grid. The definition also includes a facility constructed or converted and equipped to accomplish the post-production stage of production, including a facility equipped only with computers for the creation of visual effects. A visual effects post-production facility site is not required to contain a soundstage.

(4) 'Motion picture project' means a motion picture company that incurs the costs required to produce a master negative motion picture from which prints are made that are intended for theatrical production in the United States.

(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered with the South Carolina Film Office by submitting its record of allocation of credits and documentation certified by the department of Revenue that an amount equal to at least fifty percent of the total amount invested by all South Carolina investors in a single motion picture project, multiplied by five, but not less than one hundred thousand dollars, has been expended directly in this State. Before registration, all documentation of a motion picture project required to meet the credit requirements must be received by the department and, if determined to qualify, must be certified to the South Carolina Film Office."

SECTION 2. The Department of Revenue shall provide a report to the Board of Economic Advisors of all credits earned under Section 12-6-3500 of the 1976 Code as added by this act. The board shall conduct a cost-benefit analysis of these credits after the first three years the credits are allowed and report its findings to the House Ways and Means Committee and the Senate Finance Committee.

SECTION 3. This act takes effect upon approval by the Governor and, with respect to investments made in qualified South Carolina film enterprises and film production facilities, applies to such investments made after June 30, 1999. This section is repealed effective for taxable years beginning after June 30, 2004, but this repeal shall not affect credits previously earned./

Amend totals and title to conform.

Renumber sections to conform.

Amend totals and title to conform.

Rep. R. SMITH explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. R. SMITH having the floor.

S. 130--REQUEST FOR DEBATE WITHDRAWN

Rep. TRIPP, with unanimous consent, withdrew his request for debate on the following Bill.

OBJECTION TO RECALL

Rep. YOUNG asked unanimous consent to recall S. 1126 from the Committee on Judiciary.

Rep. SCOTT objected.

H. 4947--RECALLED FROM THE COMMITTEE ON
AGRICULTURE, NATURAL RESOURCES
AND ENVIRONMENTAL AFFAIRS

On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4947 -- Reps. Pinckney, Mullen and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO CREATE A NO-WAKE ZONE ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.

OBJECTION TO RECALL

Rep. ALTMAN asked unanimous consent to recall H. 4571 from the Committee on Ways and Means.

Rep. SCOTT objected.

H. 4922--RECALLED FROM THE
COMMITTEE ON JUDICIARY

On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.

OBJECTION TO RECALL

Rep. CAMPSEN asked unanimous consent to recall H. 5045 from the Committee on Judiciary.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. STUART asked unanimous consent to recall H. 3505 from the Committee on Ways and Means.

Rep. LOFTIS objected.

H. 4799--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.

Rep. SHARPE explained the Senate amendment.

The question then recurred to the motion to concur or non-concur in the Senate amendments.

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

Yeas 0; Nays 95

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barrett                Bauer
Baxley                 Bowers                 Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Cave                   Chellis
Cooper                 Cromer                 Dantzler
Davenport              Delleney               Edge
Emory                  Felder                 Gamble
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Hawkins
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Moody-Lawrence         Mullen
Neilson                Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--95

So, the House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 4943 -- Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5105 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE STUDENTS AND STAFF OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES ON WEDNESDAY, MAY 13, 1998, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR ACCOMPLISHMENTS IN ARTS EDUCATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be granted to the students and staff of the Governor's School for the Arts and Humanities on Wednesday, May 13, 1998, at a time to be determined by the Speaker, for the purpose of being recognized for their accomplishments in arts education.

The Resolution was adopted.

S. 130--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 963--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 893--DEBATE ADJOURNED

Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 442--DEBATE ADJOURNED

Rep. MEACHAM moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 1186--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

H. 4889--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Bill.

H. 4889 -- Reps. Easterday, Allison, Altman, Bailey, Barrett, Baxley, Beck, Breeland, T. Brown, Cato, Chellis, Cromer, Edge, Fleming, Gamble, Hamilton, Harrell, A. Harris, Haskins, J. Hines, M. Hines, Jordan, Kelley, Kinon, Kirsh, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Loftis, Mason, McGee, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Neilson, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stoddard, Tripp,Whatley, Whipper, Wilder, Wilkes, Woodrum, Young, Young-Brickell and McMaster: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON APPROPRIATIONS, SO AS TO REQUIRE GENERAL FUND SURPLUS REVENUES TO BE USED TO ACCELERATE REPAYMENT OF STATE CAPITAL IMPROVEMENT BONDS AND PAY CASH FOR PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS FOR WHICH BONDS HAVE NOT YET BEEN ISSUED, TO PROVIDE FOR THE PLAN FOR THE USE OF THE SURPLUS TO BE ADOPTED BY THE JOINT BOND REVIEW COMMITTEE AFTER RECEIVING THE RECOMMENDATIONS OF THE STATE TREASURER ON POTENTIAL INTEREST EXPENSE SAVINGS AND FORWARDED FOR IMPLEMENTATION TO THE STATE BUDGET AND CONTROL BOARD.

H. 4959--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

H. 4570--DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill.

H. 3069--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. R. SMITH having the floor.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5549HTC.98), which was adopted.

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

/SECTION 1. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

(C) Credits allowed under this section are allocated to partners, limited liability company members, and subchapter 'S' corporation shareholders based on the percentage of their interest.

(F) as used in this section:

(2) 'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.

(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered with the South Carolina Film Office by submitting its record of allocation of credits and documentation certified by the Department of Revenue that an amount equal to at least fifty percent of the total amount invested by all South Carolina investors in a single motion picture project, multiplied by five, but not less than one hundred thousand dollars, has been expended directly in this State. Before registration, all documentation of a motion picture project required to meet the credit requirements must be received by the department and, if determined to qualify, must be certified to the South Carolina Film Office."

Amend totals and title to conform.

Renumber sections to conform.

Rep. R. SMITH continued speaking.

The amendment was then adopted.

Rep. R. SMITH proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\5590HTC.98), which was adopted.

Amend the report, as and if amended, by striking Section 12-6-3500, as contained in SECTION 1, beginning on page 3069-1, and inserting:

/"Section 12-6-3500. (A) There is allowed as a nonrefundable credit against any tax imposed pursuant to this chapter an amount equal to thirty-three percent, but not more than fifteen thousand dollars, of a taxpayer's investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed fifteen thousand dollars. Any unused credit may be carried forward to five succeeding taxable years. Regardless of the actual time of the investment, the credit is allowed for a taxable year beginning in the calendar year the project is registered as a qualified South Carolina motion picture project.

(C) Credits allowed under this section are allocated to partners, limited liability company members, and subchapter 'S' corporation shareholders based on the percentage of their interest.

(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).

(F) As used in this section:

(2) 'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.

(3) 'Motion picture project' means a motion picture company that incurs the costs required to produce a master negative motion picture from which prints are made that are intended for theatrical production in the United States.

(4) 'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation certifying to the Department of Revenue that an amount equal to at least fifty percent of the total amount invested by all South Carolina investors in a single motion picture project, multiplied by five, but not less than one hundred thousand dollars, has been expended directly in this State. Before registration, all documentation of a motion picture project required to meet the credit requirements must be received by the department.

(5) 'Soundstage complex' means a facility of multiple stages of certain standards designed for the express purpose of film and television production for both theatrical and video release. Production includes but is not limited to, motion pictures, made for television movies, episodic television, educational presentations, electronic retailing, documentaries, music videos, industrial films, CD-ROM, video games and effects, commercial advertising production, and other genres, which may from time to time be introduced as a result of technological advancements. A soundstage complex must include production offices, construction shops/mills, prop and costume shops, storage areas, parking for production vehicles, plus square footage available for leasing to businesses which complement the production needs and orientation of the overall facility purpose."/

Amend title to conform.

Rep. R. SMITH continued speaking.

The amendment was then adopted.

Rep. R. SMITH explained the Bill.

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

H. 4682--REQUESTS FOR DEBATE AND OBJECTIONS

The following Joint Resolution was taken up.

H. 4682 -- Reps. Cromer, Spearman, Young-Brickell, Dantzler, Whatley, Hinson, Miller, Battle and T. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST LOTTERIES, SO AS TO AUTHORIZE THE STATE TO CONDUCT LOTTERIES AND TO PROVIDE THAT REVENUES GENERATED BY THE LOTTERY AFTER LOTTERY ADMINISTRATION EXPENSES AND PRIZES MUST BE USED FOR SCHOLARSHIPS FOR IN-STATE RESIDENTS TO ATTEND IN-STATE POST-SECONDARY INSTITUTIONS AND TO PROVIDE SCHOLARSHIP ELIGIBILITY REQUIREMENTS.

Reps. TRIPP, YOUNG-BRICKELL, SHARPE, VAUGHN, DAVENPORT, R. SMITH, MASON, CROMER, McMAHAND, WALKER, DELLENEY, M. HINES, WHATLEY, GAMBLE, NEILSON, ALLISON, EMORY, SEITHEL, BARFIELD, WITHERSPOON, MEACHAM, BAILEY, BYRD, COBB-HUNTER, J. SMITH, INABINETT, GOURDINE, HINSON, KNOTTS, LAW, CAVE, RISER, COTTY and WILDER requested debate on the Joint Resolution.

Reps. HAWKINS, LOFTIS, SIMRILL, HAMILTON, CAMPSEN, ALTMAN, CATO, LEACH, CANTY, SANDIFER, BARRETT, EDGE, TROTTER, COOPER and YOUNG objected to the Joint Resolution.

H. 4959--RECONSIDERED AND ORDERED TO
THIRD READING

Rep. VAUGHN moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, April 30, which was agreed to.

Rep. VAUGHN explained the Bill.

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

RECORD FOR VOTING

Rep. LEWIS R. VAUGHN abstained from voting on H. 4959 due to a possible conflict of interest.

Rep. LEWIS R. VAUGHN

S. 1070--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.

S. 477--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.

S. 1138--POINT OF ORDER

The following Joint Resolution was taken up.

S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

H. 5083 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 5086--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5086 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2223, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

POINT OF ORDER

Rep. WALKER raised the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

RECURRENCE TO THE MORNING HOUR

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

H. 4889--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Bill, which was adopted.

H. 4889 -- Reps. Easterday, Allison, Altman, Bailey, Barrett, Baxley, Beck, Breeland, T. Brown, Cato, Chellis, Cromer, Edge, Fleming, Gamble, Hamilton, Harrell, A. Harris, Haskins, J. Hines, M. Hines, Jordan, Kelley, Kinon, Kirsh, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Loftis, Mason, McGee, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Neilson, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stoddard, Tripp,Whatley, Whipper, Wilder, Wilkes, Woodrum, Young, Young-Brickell and McMaster: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON APPROPRIATIONS, SO AS TO REQUIRE GENERAL FUND SURPLUS REVENUES TO BE USED TO ACCELERATE REPAYMENT OF STATE CAPITAL IMPROVEMENT BONDS AND PAY CASH FOR PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS FOR WHICH BONDS HAVE NOT YET BEEN ISSUED, TO PROVIDE FOR THE PLAN FOR THE USE OF THE SURPLUS TO BE ADOPTED BY THE JOINT BOND REVIEW COMMITTEE AFTER RECEIVING THE RECOMMENDATIONS OF THE STATE TREASURER ON POTENTIAL INTEREST EXPENSE SAVINGS AND FORWARDED FOR IMPLEMENTATION TO THE STATE BUDGET AND CONTROL BOARD.

H. 4570--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

Rep. SIMRILL proposed the following Amendment No. 2, which was adopted.

Change implementation date from 7/1/99 to upon signature of Governor.

Rep. SIMRILL explained the amendment.

Rep. H. BROWN moved to table the amendment, which was not agreed to by a division vote of 31 to 52.

The question then recurred to the adoption of the amendment, which was agreed to.

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

OBJECTION TO RECALL

Rep. CAMPSEN asked unanimous consent to recall H. 5045 from the Committee on Judiciary.

Rep. J. BROWN objected.

OBJECTION TO RECALL

Rep. ALTMAN asked unanimous consent to recall H. 4571 from the Committee on Ways and Means.

Rep. HAWKINS objected.

OBJECTION TO RECALL

Rep. MILLER asked unanimous consent to recall S. 757 from the Committee on Judiciary.

Rep. YOUNG objected.

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall H. 4605 from the Committee on Judiciary.

Rep. CROMER objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CROMER.

H. 4854--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

H. 4854 -- Reps. Boan and R. Smith: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-45-420 SO AS TO ALLOW A COUNTY TREASURER TO WAIVE OR REDUCE TAX PENALTIES, BUT NOT INTEREST; BY ADDING SECTION 12-49-85 SO AS TO PROVIDE A PROCEDURE FOR REMOVAL OF UNCOLLECTIBLE AD VALOREM PROPERTY TAXES FROM THE PROPERTY TAX LIST; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXATION, SO AS TO DELETE THE LIMIT ON THE REASSESSMENT MILLAGE RATE FOR REAL AND PERSONAL PROPERTY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXATION, SO AS TO REQUIRE THE RECORDING OF A CONTRACT OF SALE WHEN THE FOUR PERCENT ASSESSMENT RATE ON A LEGAL RESIDENCE IS CLAIMED PURSUANT TO A CONTRACT OF SALE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENT OF TAXES AND FEES, SO AS TO ESTABLISH THAT PROPERTY TAX ASSESSMENT OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO A TAXPAYER'S WRITTEN REQUEST TO MEET WITH THE ASSESSOR, SO AS TO REQUIRE CORRECTION OF THE ASSESSMENT UPON DETERMINATION THAT TAXPAYER'S WRITTEN REQUEST IS MERITORIOUS; TO AMEND SECTION 12-60-2550, RELATING TO APPEAL OF AN ASSESSMENT, SO AS TO ESTABLISH AN INTEREST RATE OF ONE-HALF OF ONE PERCENT EACH MONTH TO BE COLLECTED IN SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO A TAXPAYER'S REQUEST TO MEET WITH THE AUDITOR, SO AS TO FURTHER PROVIDE FOR WHEN THE OBJECTION TO THE TAX AND A REQUEST FOR A MEETING WITH THE AUDITOR MUST BE MADE; AND TO REPEAL SECTION 12-43-225 RELATING TO APPLICATIONS FOR SPECIAL ASSESSMENT RATIOS AND SECTION 12-49-80 RELATING TO COLLECTION OF BACK TAXES BY THE STATE WITHIN TEN YEARS OF THEIR DUE DATE.

S. 1084--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.

S. 1058--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.

S. 547--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

S. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.

S. 174--DEBATE ADJOURNED

Rep. KNOTTS moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.

H. 3569--INTERRUPTED DEBATE

The following Bill was taken up.

Rep. JORDAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5594DJC.98).

Amend the bill, as and if amended, SECTION 1, by striking beginning with line 34 on page 1, through line 15 on page 2, and inserting:

(A) For the purposes of this section, 'nudity' means the showing of the human male or female genitals, anus, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, including the areola, or the showing of covered male genitals in a discernibly turgid state. For purposes of this section, that portion of the buttocks that must be covered is one-third of the gluteus maximus centered over the cleavage for the length of the cleavage.

(B) Except for constitutionally protected expression, and as provided in subsection (F), it is unlawful for a person knowingly or intentionally to appear in a state of nudity in a public place, on property of others, or to the view of a person on a street or highway.

(C) Except for constitutionally protected expression, and as provided in subsection (F), it is unlawful for a person or business entity knowingly or intentionally to encourage, allow, permit, or suffer another person to appear or be nude in a public place, on property of others, on property they lease, own, control, or have the legal capacity to control, or to the view of a person on a street or highway. For purposes of this section, a person who owns or controls real estate who leases real estate to another person, when he knew or should have known the real estate would be used by the lessee or another person in violation of this section, is guilty of a violation of this section whenever the leased real estate is knowingly and intentionally used by the lessee, or any other person with the knowledge of the lessor or lessee in violation of this section.

(D) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than twenty-five hundred dollars for a first offense. For a second and subsequent offense, he must be imprisoned not more than six months.

(E) A business that violates the provisions of this section by permitting a person knowingly or intentionally to appear in a state of nudity within its premises is guilty of a misdemeanor. Upon conviction, any license issued pursuant to the Alcoholic Beverage Control Act is suspended for one year and the business must be fined not less than one thousand dollars nor more than twenty-five hundred dollars. For a second and subsequent offense, a license issued pursuant to the Alcohol Beverage Control Act is revoked and the business must be fined not less than twenty-five hundred dollars nor more than five thousand dollars.

(F) It is not unlawful for:

(1) a person to appear or be nude in a place customarily set aside for nudity provided the person appears or is nude for the purpose of performing a legal function customarily intended to be performed within that place, and that person does not appear and is not nude within that place for the purpose of obtaining tips, wages, money, property, financial gain, or anything of value for the person or any other person or entity in consideration or exchange for appearing or being nude, or to facilitate or enhance the sale of food, beverages, whether alcoholic or not, commodities, or any other items of property of whatsoever kind or nature; or

(2) the care, hygiene, and feeding of babies and infants when necessary under the circumstances and no alternative to brief nudity is reasonably available."/

Amend title to conform.

Rep. JORDAN explained the amendment.

Rep. JORDAN spoke in favor of the amendment.

Rep. BATTLE spoke against the amendment.

Rep. HARRELL moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2.

THE HOUSE RESUMES

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

ACTING SPEAKER QUINN IN CHAIR
POINT OF QUORUM

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

SPEAKER IN CHAIR
H. 3569--AMENDED AND RECOMMITTED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.

Rep. JORDAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5594DJC.98), which was adopted.

Amend the bill, as and if amended, SECTION 1, by striking beginning with line 34 on page 1, through line 15 on page 2, and inserting:

(F) It is not unlawful for:

(2) the care, hygiene, and feeding of babies and infants when necessary under the circumstances and no alternative to brief nudity is reasonably available."/

Amend title to conform.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 25 to 23.

Rep. KNOTTS moved to recommit the Bill.

Rep. LOFTIS moved to table the motion, which was not agreed to.

The question then recurred to the motion to recommit, which was agreed to by a division vote of 43 to 38.

H. 3569--MOTION TO RECONSIDER TABLED

Rep. KELLEY moved to reconsider the vote whereby the following Bill was recommitted.

Rep. HARRISON moved to table the motion.

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

Yeas 54; Nays 35

Those who voted in the affirmative are:

Allison                Altman                 Battle
Boan                   Brown, G.              Brown, J.
Brown, T.              Chellis                Clyburn
Cotty                  Dantzler               Emory
Felder                 Fleming                Gamble
Gourdine               Harrell                Harris, A.
Harrison               Hines, J.              Hines, M.
Inabinett              Jennings               Kelley
Kinon                  Knotts                 Law
Lee                    Lloyd                  Mason
McAbee                 McLeod                 McMahand
McMaster               Miller                 Moody-Lawrence
Mullen                 Phillips               Pinckney
Quinn                  Riser                  Seithel
Sharpe                 Sheheen                Smith, D.
Smith, J.              Stuart                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Woodrum                Young

Total--54

Those who voted in the negative are:

Barfield               Barrett                Brown, H.
Campsen                Cato                   Cave
Cooper                 Davenport              Delleney
Easterday              Govan                  Hamilton
Jordan                 Keegan                 Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Maddox                 Martin
McCraw                 McGee                  Meacham
Neilson                Rice                   Robinson
Sandifer               Simrill                Smith, R.
Stille                 Tripp                  Trotter
Vaughn                 Young-Brickell

Total--35

So, the motion to reconsider was tabled.

H. 4378--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21493SD.98), which was adopted.

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

/SECTION 1. This act is known and may be cited as the 'Magistrates Court Reform Act of 1998'.

SECTION 2. Section 22-1-10(A) and (B) of the 1976 Code, as last amended by Act 136 of 1991, is amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body, must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in by this section, ~~then~~ the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.

Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. ~~No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.~~

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.

(B) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

Notwithstanding the educational qualifications required in this subsection, after July 1, 1999, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a minimum of a four-year baccalaureate degree except as otherwise provided in Section 22-1-15(C)."

SECTION 3. The 1976 Code is amended by adding:

"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after May 1, 1999, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and be attested to by the judge conducting the proceeding.

(B) The required trial experiences must include the following:

(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(3) one criminal jury trial in circuit court; and

(4) one civil jury trial in circuit court.

(C) The trial experiences may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."

SECTION 4. Section 22-1-15 of the 1976 Code is amended to read:

"Section 22-1-15. (A) The provisions of the first paragraph of Section 22-1-10(B) ~~of the 1976 Code~~ do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate presently holding office must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation and such violation terminates that magistrate's term of office.

(B) Notwithstanding the provisions of subsection (A), a magistrate who is appointed to the office of magistrate after July 1, 1999, must have a four-year baccalaureate degree and must submit certified proof to the South Carolina Court Administration that he has received this degree or a higher educational level. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office.

(C) The provisions of subsection (B) of this section and the second paragraph of Section 22-1-10(B) do not apply to a magistrate serving on July 1, 1999, during his tenure in office."

SECTION 5. The 1976 Code is amended by adding:

"Section 22-1-17. (A) The South Carolina Court Administration is authorized to establish a two-year program available to magistrates who have successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.

(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates.

(C) The funding for this program shall be provided from fees and costs collected by magistrates or magistrates' courts and deposited in the general fund of the county."

SECTION 6. The 1976 Code is amended by adding:

"Section 22-1-19. An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council shall submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall consist of:

(1) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Trial Lawyers Association;

(2) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;

(3) a representative designated by the Criminal Justice Academy;

(4) a representative designated by the Summary Court Judges Association;

(5) a representative designated by the Dean of the University of the South Carolina School of Law;

(6) a representative designated by the Chairman of the Senate Judiciary Committee;

(7) a representative designated by the Chairman of the House Judiciary Committee;

(8) a representative designated by the Governor;

(9) a representative of the South Carolina Victims Assistance Network;

(10) a representative of the South Carolina Solicitor's Association;

(11) a representative of the South Carolina Sheriff's Association; and

(12) a representative designated by the South Carolina Legal Services Association."

SECTION 7. Section 22-1-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with training and examination requirements of Section 22-1-10(C) may subject him to suspension or removal by order of the Supreme Court."

SECTION 8. The 1976 Code is amended by adding:

"Section 22-2-5. (A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as a magistrate after July 1, 1999. In determining the persons to be recommended to the Governor for initial appointments as magistrates after July 1, 1999, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. The results of these eligibility examinations are valid for six months from the time the appointment is to be made.

(B) The Court Administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.

(C) The Court Administration, in cooperation with the technical college system, shall develop an optional examination preparatory course."

SECTION 9. Section 22-2-200 of the 1976 Code is amended to read:

"Section 22-2-200. The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-2-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22."

SECTION 10. Section 22-8-40 of the 1976 Code is amended to read:

"Section 22-8-40. (A)(1) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.

(2) The Court Administration must review and approve each county's designation of full-time and part-time magistrates. The total amount paid in magistrates' salaries for a county shall not exceed the total amount of salaries calculated for that county specified by subsections (B) through (G) of this section. Counties are prohibited from supplementing the salaries of magistrates. With the approval of Court Administration, a magistrate may contract with a municipality to preside over its court in the manner provided by law.

(B) All magistrates in this State must be paid by the county by which they are employed and paid ~~the~~ a base salary as determined by the following factors:

(1) There is established a base salary for each population category as follows:

(a) for those counties with a population of ~~two~~ one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary is ~~twenty-nine thousand dollars~~ fifty-five percent of a circuit judge's salary as of July 1, 1999;

(b) for those counties with a population of at least ~~one hundred~~ fifty thousand but not more than one hundred ~~ninety-nine~~ forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is ~~twenty-seven thousand dollars~~ forty-five percent of a circuit judge's salary as of July 1, 1999;

(c) for those counties with a population of ~~at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine,~~ less than fifty thousand according to the latest official United States Decennial Census, the ~~base~~ salary is ~~twenty-five thousand dollars~~ thirty-five percent of a circuit court judge's salary as of July 1, 1999, and;

(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars A base increase must be provided by the county in an amount equivalent to the annualized percentage of funding for pay increases for state employees plus any legislatively provided bonuses when the annual state general appropriations act of the previous fiscal year provides same;

~~(e)~~ for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars; and

~~(f)~~ ~~for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars~~.

(2) The following salary schedule shall be used to determine a magistrates's annual compensation:

(a) upon being appointed a magistrate, a magistrate shall be paid seventy percent of the salary rate for his county's population category;

(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12, a magistrate shall be paid eighty percent of the salary rate for his county's population category;

(c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the salary rate for his county's population category;

(d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the salary rate for his county's population category;

(e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the salary rate for his county's population category.

(3) The provisions of this subsection are effective July 1, 1999.

~~(2)~~(1) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.

~~(3)~~(2) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the ~~base~~ salary as provided in this section.

(3) Notwithstanding the provisions of subsection (D), the maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item ~~(2)~~ (1) of this ~~section~~ subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item ~~(3)~~ (2) of this ~~section~~ subsection. However, no county is required to have fewer than the ~~equivalent of~~ one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round ~~off~~ up the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.

(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula:

(1) For counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed.

(2) For counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed.

(3) For counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed.

(4) For counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed.

~~(C)~~(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.

~~(D)~~(F) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body and ~~upon the recommendation of~~ the chief magistrate.

~~(E)~~ A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year.

~~(F)~~(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties.

(H)~~(G)~~ Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.

~~(H)~~(I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.

~~(I)~~(J) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.

~~(J)~~(K) No A county may not pay a magistrate a salary lower than the ~~base~~ salary established for that county by the provisions of subsection (B) of this section.

~~(K)~~ ~~Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county.~~

(L) The South Carolina Court Administration shall monitor compliance with this section. ~~Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section.~~"

SECTION 11. Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 8-21-1010. (A) Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties, five dollars;

(2) for granting an order for civil special bail, with or without sureties, five dollars;

(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;

(4) for administering and certifying oaths or documents in writing, two dollars;

(5) for issuing any prerogative writ, five dollars;

(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, ~~twenty-five~~ forty-five dollars;

(7) for issuing execution and renewal thereof, ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ~~ten~~ twenty dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;

(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;

(13) for each tax execution collected, five dollars;

(14) for filing or issuing any other paper not provided for in this section, five dollars.

(B) No Fees or costs may not be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."

SECTION 12. Section 34-11-70(b) and (c) of the 1976 Code is further amended to read:

"(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed ~~twenty~~ forty-one dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.

(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed ~~twenty~~ forty-one dollars submitted before the date set for trial after the issuance of a warrant."

SECTION 13. Section 34-11-90(c) and (d) of the 1976 Code is further amended to read:

"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed ~~twenty~~ forty-one dollars. For a second and subsequent convictions for violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be discretionary with the court.

(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed ~~twenty~~ forty-one dollars, and the service charge provided in Section 34-11-70."

SECTION 14. The Supreme Court is requested to hold a public hearing and make a report to the respective Chairmen of the Senate and House of Representatives' Judiciary Committees by March 15, 2000, with recommendations for additional changes in the magistrates courts system.

SECTION 15. This act takes effect July 1, 1999, except Sections 11, 12, and 13 which take effect January 1, 1999./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4951DW.98), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, Section 22-1-10(B), SECTION 2, page 4378-2, line 40, after /22-1-15(C)/, by adding /or has been employed as a law enforcement officer for at least twelve years/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4950DW.98), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, Section 22-1-10(B), SECTION 2, page 4378-2, line 40, after /22-1-15(C)/, by adding / or has attended a college or university for four years /.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. COTTY spoke against the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. HOWARD spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 80; Nays 23

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Beck                   Boan
Bowers                 Campsen                Cato
Cave                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Felder                 Gamble
Govan                  Hamilton               Harrell
Harris, A.             Harrison               Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Maddox                 Martin                 Mason
McAbee                 McCraw                 McGee
McKay                  McMahand               McMaster
Meacham                Miller                 Mullen
Phillips               Rhoad                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--80

Those who voted in the negative are:

Baxley                 Breeland               Brown, G.
Brown, J.              Brown, T.              Clyburn
Cobb-Hunter            Gourdine               Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Lee                    Lloyd
Mack                   McLeod                 Moody-Lawrence
Neal                   Neilson                Pinckney
Scott                  Wilder

Total--23

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4947DW.98), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, Section 22-1-10(B), SECTION 2, line 32, page 4378-2, by striking /twenty-one/ and inserting / ~~twenty-one~~ thirty-two /.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 58 to 25.

Rep. SCOTT proposed the following Amendment No. 7 (Doc Name P:\AMEND\DKA\4946DW.98), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, Section 22-1-10(B), SECTION 2, line 32, page 4378-2, by striking /five/ and inserting / ~~five~~ ten/.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 11 (Doc Name P:\AMEND\PSD\7397SD.98), which was tabled.

Amend the bill, as and if amended, in Section 22-1-19 of the 1976 Code, as contained in SECTION 6, which begins on page 4378-4, by inserting at the end of the section:

/The members of the advisory council shall serve on a voluntary basis and are not entitled to mileage, subsistence, or per diem as a member of the advisory council./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. LANFORD spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. COTTY moved to table the amendment, which was agreed to.

Reps. McKAY, McGEE, COTTY, YOUNG and HARRISON proposed the following Amendment No. 13 (Doc Name P:\AMEND\GJK\21515AC.98), which was adopted.

Amend the bill, as and if amended, Section 22-8-40(G), page 4378-9, line 6, after the /./ and inserting /In counties with more than one full-time magistrate, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by court administration./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McKAY explained the amendment.

The amendment was then adopted.

Rep. HOWARD proposed the following Amendment No. 14 (Doc Name P:\AMEND\PSD\7396SD.98), which was tabled.

Amend the bill, as and if amended, in Section 22-1-10 of the 1976 Code, as contained in SECTION 2, by striking the second paragraph of subsection (B) which begins on line 36 of page 4378-2 and inserting:

/Notwithstanding any other education qualifications or requirements contained in this section, Section 22-1-15, or any other provision of law, a magistrate who has successfully completed a magisterial or municipal court curriculum at a technical college of this State which has been approved by the Office of the Court Administration as being sufficient to instruct magistrates as to the full duties and responsibilities of their office shall constitute acceptable educational qualifications for that person to hold the office of the magistrate./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HOWARD explained the amendment.

Rep. LANFORD moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 18.

Rep. HOWARD proposed the following Amendment No. 15 (Doc Name P:\AMEND\PSD\7398SD.98), which was tabled.

Amend the bill, as and if amended, in Section 22-1-10 of the 1976 Code, as contained in SECTION 2, by striking the second paragraph of subsection (B) which begins on line 36 of page 4378-2.

Amend the bill further, as and if amended, in Section 22-1-15 of the 1976 Code, as contained in SECTION 4, by striking subsection (B) which begins on line 35, page 4378-3.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HOWARD explained the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. LANFORD spoke against the amendment.

Rep. McLEOD spoke in favor of the amendment.

Rep. LANFORD moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 18 (Doc Name P:\AMEND\PT\1935SD.98), which was tabled.

Amend the bill, as and if amended, Section 22-8-40 of the 1976 Code, as contained in SECTION 10, by striking lines 18-42 on page 4378-6 and lines 1-9 on page 4378-7 and inserting:

/(1) There is established a base salary for each population category as follows:

(a) for those counties with a population of two hundred thousand and above, according to the latest official United States Decennial Census, the base salary is ~~twenty-nine thousand dollars~~ fifty percent of a circuit judge's salary as of July 1, 1999;

(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is ~~twenty-seven thousand dollars~~ forty-five percent of a circuit judge's salary as of July 1, 1999;

(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is ~~twenty-five thousand dollars~~ forty percent of a circuit judge's salary as of July 1, 1999;

(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is ~~nineteen thousand dollars~~ thirty percent of a circuit judge's salary as of July 1, 1999; and

(f) for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is ~~seventeen thousand dollars~~ twenty-five percent of a circuit judge's salary as of July 1, 1999.

A base increase must be provided by the county in an amount equivalent to the annualized percentage of funding for pay increases for state employees plus any legislatively provided bonuses when the annual state general appropriations act of the previous fiscal year provides same;./

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. COTTY moved to table the amendment.

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

The amendment was then tabled by a division vote of 59 to 24.

Reps. KIRSH and COTTY proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5587SD.98), which was adopted.

Amend the bill, as and if amended, in Section 22-1-10(A) of the 1976 Code, as contained in SECTION 2, by striking beginning on line 22 of page 4378-2 /~~No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.~~ / and inserting / No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law./

Amend totals and title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Reps. COTTY and KIRSH proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5588SD.98), which was adopted.

Amend the bill, as and if amended, in Section 22-1-17 of the 1976 Code, as contained in SECTION 5, by adding at the end of subsection (C) the following:

/; provided, however, that no county shall be required to pay for this program more than the revenues generated in that county by one dollar of the forty-one dollar fees imposed pursuant to Sections 34-11-70(b) and (c) and 34-11-90(c) and (d)./

Amend totals and title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Rep. COTTY proposed the following Amendment No. 22 (Doc Name P:\AMEND\JIC\5589SD.98), which was adopted.

Amend the bill, as and if amended, in Section 22-8-40 of the 1976 Code, as contained in SECTION 10, by inserting after /magistrate/ on line 13 of page 4378-6 the following:

/and the appropriate county governing body/.

Amend totals and title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Rep. HAWKINS proposed the following Amendment No. 23 (Doc Name P:\AMEND\DKA\4953SD.98), which was tabled.

Amend the bill, as and if amended, Section 22-8-40(B)(1)(d) as contained in SECTION 10, by striking beginning on page 4378-6 and line 39: /A base increase must be provided by the county in an amount equivalent to the annualized percentage of funding for pay increases for state employees plus any legislatively provided bonuses when the annual state general appropriations act of the previous fiscal year provides same;/ and inserting: /All magistrates are entitled to the same privileges and benefits provided by a county government to classified county employees in the county in which the magistrate is employed, including, but not limited to, insurance benefits, vacation leave, sick leave, and annual cost of living salary increases or other bonuses/

Amend title to conform.

Rep. HAWKINS explained the amendment.

Rep. LANFORD spoke against the amendment.

Rep. LANFORD moved to table the amendment, which was agreed to.

Rep. McLEOD proposed the following Amendment No. 24 (Doc Name P:\AMEND\GJK\21510SD.98), which was tabled.

Amend the bill, as and if amended, in Section 22-8-40 of the 1976 Code , as contained in SECTION 10, by striking lines 28 through 42, page 4378-7, and lines 1 through 8 on pae 4378-8 and inserting:

/(C) ~~(2)~~ ~~There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.~~

~~(3)~~ There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.

The maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (2) of this section and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) of this section. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.

The General Assembly finds that both good order and domestic tranquility in rural areas are promoted and enhanced by having the work location of a magistrate situate in such rural areas, and for this reason the General Assembly directs that notwithstanding any other provision of law, the Court Administration must retain magistrate work locations in rural areas which traditionally have been served by a magistrate./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLEOD explained the amendment.

Rep. LANFORD spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 25 (Doc Name P:\AMEND\GJK\21518SD.98), which was tabled.

Amend the bill, as and if amended, in Section 8-21-1010 of the 1976 Code, as contained in SECTION 11, by striking /forty-five/ on line 6, page 4378-10, and inserting /thirty-five/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. COTTY spoke against the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 61; Nays 42

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown, H.
Campsen                Carnell                Cato
Cave                   Chellis                Cotty
Cromer                 Easterday              Edge
Felder                 Fleming                Govan
Hamilton               Harrell                Harrison
Hawkins                Hines, J.              Keegan
Kelley                 Kinon                  Knotts
Koon                   Lanford                Leach
Limehouse              Maddox                 Martin
Mason                  McGee                  McKay
McMaster               Mullen                 Neilson
Quinn                  Rice                   Riser
Sandifer               Seithel                Sharpe
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young

Total--61

Those who voted in the negative are:

Altman                 Battle                 Baxley
Bowers                 Brown, G.              Brown, J.
Brown, T.              Byrd                   Cobb-Hunter
Dantzler               Davenport              Delleney
Emory                  Gamble                 Gourdine
Harris, A.             Howard                 Inabinett
Jennings               Kennedy                Kirsh
Law                    Lee                    Littlejohn
Lloyd                  Loftis                 Mack
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Phillips               Rhoad                  Robinson
Sheheen                Simrill                Smith, J.
Stoddard               Walker                 Wilder

Total--42

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 27 (Doc Name P:\AMEND\DKA\4954SD.98), which was adopted.

Amend the bill, as and if amended, Section 22-1-19(8) as contained in SECTION 6, page 4378-4, line 39, by inserting:

/consumer/ before /representative/.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KENNEDY proposed the following Amendment No. 30 (Doc Name P:\AMEND\GJK\21509SD.98), which was ruled out of order.

Amend the bill, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION _____. It is proposed that Article V, Section 26 of the Constitution of this State be amended to read:

"SECTION 26. The Governor, by and with the advice and consent of the ~~Senate~~ resident members of the House of Representatives and the resident Senators from that county, shall appoint a number of magistrates for each county as provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State."

SECTION _____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article V, Section 26 of the Constitution of this State, relating to magistrates, be amended so as to provide that magistrates shall be appointed by the Governor by and with the advice and consent of the resident members of the House of Representatives and the resident Senators from the county involved rather than by and with the advice and consent of the Senate?

Yes _
No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KENNEDY explained the amendment.

Rep. LANFORD spoke against the amendment.

Rep. LANFORD raised the point that the amendment was out of order.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. FLEMING proposed the following Amendment No. 31, which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, Section 22-8-40, SECTION 10 by adding subsection:

(M) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for the county.

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. COTTY spoke against the amendment.

Rep. FLEMING spoke in favor of the amendment.

Rep. COTTY 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 55 to 8.

Reps. BAXLEY and BOWERS proposed the following Amendment No. 33 (Doc Name P:\AMEND\PT\1938DW.98), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ______. Section 22-3-10 of the 1976 Code, as last amended by Act 48 of 1997, is further amended to read:

"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:

(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed ~~five thousand~~ seven thousand five hundred dollars;

(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed ~~five thousand~~ seven thousand five hundred dollars;

(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed ~~five thousand~~ seven thousand five hundred dollars;

(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed ~~five thousand~~ seven thousand five hundred dollars;

(5) in actions upon a bond conditioned for the payment of money, not exceeding ~~five thousand~~ seven thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed ~~five thousand~~ seven thousand five hundred dollars;

(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed ~~five thousand~~ seven thousand five hundred dollars;

(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed ~~five thousand~~ seven thousand five hundred dollars;

(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;

(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of ~~five thousand~~ seven thousand five hundred dollars; and

(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed ~~five thousand~~ seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."/

Renumber sections to conform.

Amend title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

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

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 110; Nays 1

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Davenport
Delleney               Easterday              Edge
Emory                  Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, A.
Harrison               Harvin                 Hawkins
Hines, J.              Howard                 Jennings
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McAbee
McCraw                 McGee                  McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whipper
Wilder                 Wilkins                Woodrum
Young                  Young-Brickell

Total--110

Those who voted in the negative are:
Dantzler

Total--1

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

H. 4682--RECOMMITTED

The following Joint Resolution was taken up.

Rep. CROMER explained the Joint Resolution.

Rep. SPEARMAN spoke in favor of the Joint Resolution.

Rep. SPEARMAN moved to recommit the Joint Resolution.

Rep. CROMER moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 68

Those who voted in the affirmative are:

Bailey                 Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, T.              Byrd
Cave                   Chellis                Clyburn
Cobb-Hunter            Cromer                 Felder
Gamble                 Govan                  Harvin
Hines, J.              Hinson                 Howard
Inabinett              Jennings               Keegan
Knotts                 Law                    Lee
Limehouse              Lloyd                  Mack
Maddox                 Miller                 Mullen
Quinn                  Rhoad                  Scott
Seithel                Sharpe                 Sheheen
Smith, J.              Spearman               Stoddard
Vaughn                 Whipper                Wilder
Young-Brickell

Total--46

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Boan
Brown, H.              Campsen                Carnell
Cato                   Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gourdine               Hamilton
Harrell                Harris, A.             Harrison
Hawkins                Jordan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Leach
Littlejohn             Loftis                 Martin
Mason                  McAbee                 McCraw
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Pinckney               Rice
Riser                  Robinson               Sandifer
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young

Total--68

So, the House refused to table the motion to recommit.

The question then recurred to the motion to recommit.

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

Yeas 72; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Boan
Brown, H.              Brown, J.              Campsen
Carnell                Cato                   Cooper
Davenport              Delleney               Easterday
Edge                   Emory                  Felder
Fleming                Gourdine               Hamilton
Harrell                Harris, A.             Harrison
Hawkins                Jordan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Littlejohn             Loftis
Maddox                 Martin                 Mason
McAbee                 McCraw                 McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rice                   Riser                  Robinson
Sandifer               Scott                  Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Tripp                  Trotter
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young

Total--72

Those who voted in the negative are:

Bailey                 Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, T.              Byrd
Cave                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Cromer
Dantzler               Gamble                 Govan
Harvin                 Hines, J.              Hinson
Howard                 Inabinett              Jennings
Keegan                 Law                    Lee
Lloyd                  Mack                   Miller
Mullen                 Quinn                  Rhoad
Seithel                Sheheen                Smith, J.
Stoddard               Vaughn                 Whatley
Whipper                Wilder                 Young-Brickell

Total--42

So, the motion to recommit was agreed to.

RECORD FOR VOTING

On the motion to recommit my vote was recorded improperly. I voted no.

Rep. J.M. KNOTTS, JR.

RECORD FOR JOURNAL

I was in Federal Court in the Middle District of North Carolina and unable to attend the session today, April 29, 1998, and tomorrow, April 30, 1998. If I had been present, I would have voted "NO" on the Lottery Resolution. I do not believe the State should raise revenue by exploiting the weaknesses or vices of its citizens. Since the Resolution requires a 2/3 vote of the total membership (or 83 total positive votes) my negative vote would not have impacted the results of the vote.

Rep. TERRY E. HASKINS

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 29, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 278:
S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

CONFIRMATION OF APPOINTMENT
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 14, 1998
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor

STATEWIDE APPOINTMENT

Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:

6th Congressional District:

Ms. Mary T. Williams, 2602 Andover Road, Florence, S.C. 29501 VICE Frederick A. Hoefer II

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5106 -- Reps. Carnell, Inabinett, Lloyd and Klauber: A CONCURRENT RESOLUTION DECLARING MAY, 1998, SENIOR CITIZENS MONTH IN SOUTH CAROLINA AND CALLING UPON ALL SOUTH CAROLINIANS TO ATTEND OBSERVANCES OF SENIOR CITIZENS MONTH IN ORDER TO SHOW THEIR APPRECIATION FOR AND GRATITUDE TO OUR STATE'S SENIORS.

Whereas, South Carolina's senior citizens constitute a vibrant cohort vital to the state's progress; and

Whereas, the skills and experience of the state's seniors provide an essential element of balance and discipline in a time when technological progress threatens to outstrip our abilities to manage such change successfully; and

Whereas, all of us are temporal immigrants in our beloved State and county, who have learned those values that ensure that we survive and thrive to enjoy our freedom only because seniors have shared with and instilled in us the requirements necessary to be good citizens; and

Whereas, among the highest priorities in making the inevitable choices that must be made by elected officials are programs and policies directed at easing the special problems of our seniors, including economic security and adequate health care; and

Whereas, it is appropriate for members of the General Assembly to set aside a month during which special efforts can be made and observances held to recognize our seniors. Now, therefore,

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

That the General Assembly by this resolution declares May, 1998, as Senior Citizens Month and calls upon all South Carolinians to attend observances of Senior Citizens Month in order to show their appreciation for and gratitude to our state's seniors.

Be it further resolved that a copy of this resolution be forwarded to Mr. Jim Millsap, President, South Carolina State Council of Senior Citizens, Inc., 1762 Timber Bay Drive, Cottageville, SC 29435.

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

H. 4889--RULED OUT OF ORDER

The following Bill was taken up.

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that the Bill appropriated surplus general fund revenue in excess of amounts officially recognized by the Board of Economic Advisors, and, therefore violated Code Section 11-11-140(A)(2).

Rep. TRIPP stated that if there is no money, you cannot have an appropriation and therefore you cannot appropriate what does not exist.

Rep. EASTERDAY stated that the Bill did not attempt to appropriate funds, it simply earmarked funds.

SPEAKER WILKINS stated that a 1901 South Carolina Supreme Court case, Walker vs. Derham, dealt with the definition of appropriations. He stated that in that case to appropriate money is to set it apart, to designate a sum of money for a particular purpose or individual. He stated further that the code section would first have to be repealed in order for it to be possible to appropriate funds as desired.

Rep. BAXLEY argued contra.

SPEAKER WILKINS stated that according to Code Section 11-11-140(A)(2) in any Bill or Joint Resolution appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized by the Board of Economic Advisors. He stated further that H. 4889 violated Section 11-11-140(A)(2) because it, in violation of the law, appropriated revenue in excess of that officially recognized by the Board of Economic Advisors. He stated that the first sentence of H. 4889 proposed that surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors must be used as provided in the subsection and are to be considered for those purposes. He stated that the first sentence of H. 4889 clearly violated Section 11-11-140(A)(2) and therefore he sustained the Point of Order and ruled the Bill out of order.

Rep. H. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 4:50 P.M. the House in accordance with the motion of Rep. H. BROWN adjourned to meet at 10:00 A.M. tomorrow.

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