HOUSE JOURNAL for June 2, 1998 - South Carolina Legislature Online

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

TUESDAY, JUNE 2, 1998

Tuesday, June 2, 1998
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by Rep. R. SMITH as follows:

We thank You, Lord, for this another day. This can be such a busy day. Help me to pause in the midst of today's busyness to give You thanks, ask for Your help, and praise Your Name. Let Your teaching motivate my life all the day long. Help me to be a reflector of Your will that others, because of me, may point others to Him Who is "the way, the truth and the life." Forgive me of any shortcomings, and inspire me to use Your Word as "a lamp unto my feet, and a light unto my path." (Psalm 119:105) 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Samuel I. Bailes of Clover, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 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. 992:
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 340, S. 12 by a vote of 46 to 0.
(R340) S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
Very respectfully,
President

R. 340, S. 12--GOVERNOR'S VETO RECEIVED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 27, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my signature S. 12, R. 340, an Act:
TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.

This veto is based upon my belief that S. 12, R. 340, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 12, R. 340 of 1998.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

REGULATION WITHDRAWN

The following was received.

Document No. 2249
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-4-60
When Beer Sold on Credit, Dishonored Checks, etc.
Received By Speaker January 14, 1998
Referred to House Committee on Judiciary
120 Day Review Period Expiration Date May 14, 1998
Senate Judiciary Committee requested withdrawal May 7, 1998
Withdrawn May 20, 1998

HOUSE RESOLUTION

The following was introduced:

H. 5209 -- Reps. Wilkins, Haskins, 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, 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 COMMENDING AND THANKING THE HONORABLE DANNY M. BRUCE OF SPARTANBURG COUNTY FOR HIS SPLENDID SERVICE AS READING CLERK OF THIS BODY AND FOR HIS FRIENDSHIP, AND EXTENDING WARMEST WISHES TO HIM FOR SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

Whereas, the Honorable Danny Monroe Bruce of Spartanburg County was elected Reading Clerk of the House of Representatives on December 8, 1992, and was reelected to this office in 1994 and again in 1996; and

Whereas, Danny Bruce is a graduate of Chapman High School of Spartanburg County (1968), Spartanburg Junior College (1970), and Western Carolina University (1972), and he performed graduate work at the University of South Carolina in 1974; and

Whereas, he represented the citizens of Spartanburg County in the House of Representatives from 1975 to 1984 and again from 1989 to 1992; he was an outstanding public servant and carried out his lawmaking duties with great skill and dedication; and

Whereas, as Reading Clerk of this body, Danny Bruce has provided superb, skillful service to the members; he is devoted to his duties and has been a great and faithful friend to all who serve here and to all who work for the House; and

Whereas, although he is retiring as Reading Clerk in 1998, Danny will always be our good and true friend; he has our greatest respect, deepest admiration, and our everlasting affection; we trust we will see him many times in the future; and we wish for him success and happiness in all of his endeavors. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend and thank the Honorable Danny M. Bruce of Spartanburg County for his splendid service as Reading Clerk of this body and for his friendship, and further, we extend to him our warmest wishes for success and happiness following his retirement.

Be it further resolved that a copy of this resolution be presented to the Honorable Danny M. Bruce of Spartanburg County.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5210 -- Reps. Wilkins, Haskins, 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, 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, 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 COMMENDING AND THANKING THE HONORABLE VICTORIA T. MULLEN OF BEAUFORT COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A LEGISLATOR AND FOR HER FRIENDSHIP.

Whereas, the Honorable Victoria T. Mullen was elected to the House of Representatives in 1996 to represent District Number 123, Beaufort County; and

Whereas, Representative Mullen has been absolutely dedicated in carrying out her legislative duties; she has aided her fellow members in the General Assembly by her knowledge and understanding of the many issues we have faced in the past two years; she has been an excellent representative for her constituents and has worked hard for the good of the State; and

Whereas, she is not seeking reelection to the House of Representatives in 1998; and

Whereas, we want her to know that we are grateful for her excellent public service, her assistance, and her wonderful friendship, and we wish her well in all of her future endeavors. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank the Honorable Victoria T. Mullen of Beaufort County, our distinguished colleague, for her dedicated service to the State of South Carolina as a legislator and for her friendship.

Be it further resolved that a copy of this resolution be presented to Representative Mullen.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1272 -- Senators Saleeby and Land: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT STUDY COMMITTEE TO STUDY THE TRANSFER OF JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION OF CLAIMS BROUGHT PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 5211 -- Reps. Knotts, Wilkins, Harrison, D. Smith, Fleming, Altman, Baxley, Beck, Campsen, Clyburn, Cotty, Delleney, Easterday, Govan, Hawkins, Jennings, Klauber, Maddox, McCraw, McMaster, Scott, Simrill, Whatley, Whipper, Young, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Edge, Emory, Felder, Gamble, Gourdine, Hamilton, Harrell, A. Harris, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McAbee, McGee, McKay, McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Witherspoon, Woodrum, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JAMES L. MANN (BUBBA) CROMER, JR., OF RICHLAND COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EIGHT YEARS OF OUTSTANDING, DEDICATED SERVICE TO SOUTH CAROLINA AS A LAWMAKER.

Whereas, The Honorable James L. Mann (Bubba) Cromer, Jr., has for the past eight years represented House District Number 80 (Richland County) in the General Assembly with great distinction; and

Whereas, Bubba Cromer has exhibited strong devotion to his duties, leadership, and friendship to his fellow legislators; he has been in the forefront on numerous issues being debated by his colleagues, and his insight, wisdom, and legal knowledge have always been invaluable in helping to shape and define the issues; he has been an excellent representative for his constituents; and has always worked hard to do what is best for the State of South Carolina; and

Whereas, Bubba has chosen not to seek re-election to the House of Representatives in 1998; we are sorry to be losing him from the General Assembly, but we want Bubba to know that he will always have our respect, admiration, and friendship. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank The Honorable James L. Mann (Bubba) Cromer, Jr., of Richland County, our distinguished colleague in the General Assembly, for his eight years of outstanding dedicated service to South Carolina as a lawmaker.

Be it further resolved that a copy of this resolution be presented to Representative Cromer.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5212 -- 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 COMMENDING THE HONORABLE BRADLEY L. "BRAD" JORDAN OF ANDERSON COUNTY, OUR RESPECTED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA DURING THE 1997-1998 LEGISLATIVE SESSION AND EXTENDING BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

Whereas, our esteemed colleague and friend, the Honorable Bradley L. "Brad" Jordan, served in the House of Representatives during the 1997-1998 Legislative Session representing District Number 6 in Anderson County; and

Whereas, Representative Jordan is the principal owner of Jordan and McCallum Insurance; and was born in Anderson, South Carolina, the son of Henry S. and Meta H. Jordan; and

Whereas, he is married to the former Deborah V. Williamson, and together they are the proud parents of two children; and

Whereas, Representative Jordan is a 1975 graduate of the University of South Carolina; and

Whereas, he is a trustee of the South Carolina Policy Council and a former Secretary/Treasurer of this organization; and

Whereas, Representative Jordan is a founding member of the Palmetto Family Council and former member of the Board of Trustees of WLFJ "HIS Radio"; and

Whereas, he is a faithful member of Cornerstone Assembly of God; and

Whereas, during his tenure in the House of Representatives, Representative Jordan distinguished himself as Third Vice Chairman of the Medical, Military, Public and Municipal Affairs Committee; and

Whereas, he is well respected in the General Assembly where he is known for his dedication, commitment, and loyalty; and

Whereas, Representative Jordan has served his district and the State with distinction and has had many leadership roles in the community where he is highly respected and admired. Now, therefore,

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

That the members of the General Assembly commend the Honorable Bradley L. "Brad" Jordan of Anderson County, our respected colleague and friend, for his legislative service to the people of South Carolina and extend best wishes in all his future endeavors on the occasion of his retirement from the House of Representatives.

Be it further resolved that a copy of this resolution be presented to the Honorable Bradley L. "Brad" Jordan.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5213 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN THEATRE (THE COLUMBIA STAGE SOCIETY) OF COLUMBIA AS IT CELEBRATES ITS EIGHTIETH ANNIVERSARY WITH THE UPCOMING 1998-99 SEASON, AND TO RECOGNIZE IT AS A TREASURE TO ACTORS, ARTISTS, AND AUDIENCES ALIKE.

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

INTRODUCTION OF BILLS

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

S. 1053 -- Senators Wilson and Thomas: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.

Referred to Committee on Judiciary.

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.

Referred to Berkeley Delegation.

S. 1257 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.

Referred to Clarendon Delegation.

ROLL CALL

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

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Campsen                Cato                   Chellis
Cobb-Hunter            Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Gamble                 Gourdine
Govan                  Hamilton               Harris
Harrison               Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Inabinett              Jennings               Keegan
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Maddox
Martin                 Mason                  McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
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 Tuesday, June 2.

Harry R. Askins                   Ronald N. Fleming
Doug Smith                        Leon Howard
Mark S. Kelley                    Denny W. Neilson
J. Michael Baxley                 Timothy C. Wilkes
Wilbur L. Cave                    H.B. Limehouse III
Victoria T. Mullen                William Clyburn
E. DeWitt McCraw                  Kenneth Kennedy
Robert W. Harrell, Jr.            Fletcher Nathaniel Smith, Jr.
C. Alex Harvin III                Steve P. Lanford
Jennings G. McAbee                Bradley L. Jordan
David James Mack III              Jackson S. Whipper
Ralph W. Canty                    J. Gary Simrill
Lynn Seithel                      Daniel L. Tripp
Richard M. Quinn, Jr.             Bill Cotty
Robert E. Walker

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Bill Simpson of Charleston is the Doctor of the Day for the General Assembly.

SILENT PRAYER

The House stood in silent prayer in memory of former Rep. Eugene D. Foxworth, Jr.

SPECIAL PRESENTATION

Reps. CAVE and RHOAD presented to the House Jared Daniel Mobley for his years of serving as law clerk in Legislative Council and his many academic achievements.

S. 1190--DEBATE ADJOURNED

Rep. M. HINES moved to adjourn debate upon the following Bill until Monday, July 6, which was adopted.

S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

S. 1139--DEBATE ADJOURNED

Rep. KOON moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.

S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

ORDERED TO THIRD READING

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

H. 5203 -- Reps. Lloyd, Bailey and Inabinett: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE COUNTY IS ELIGIBLE TO SERVE AS THE CHAIRMAN OF THE BOARD.

S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.

Rep. LAW explained the Bill.

S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.

Rep. GAMBLE explained the Bill.

S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

Rep. YOUNG explained the Bill.

H. 4953--DEBATE ADJOURNED

Rep. KLAUBER moved to adjourn debate upon the following Joint Resolution until Wednesday, June 3, which was adopted.

H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.

S. 1195--DEBATE ADJOURNED

Rep. J. HINES moved to adjourn debate upon the following Bill until Monday, July 6, which was adopted.

S. 1195 -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.

S. 534--ORDERED TO THIRD READING

The following Bill was taken up.

S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15690AC.98), which was ruled out of order.

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

/ SECTION ___. The 1976 Code is amended by adding:

"Section 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B) The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.

(C) If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260.

(D) All expenses and costs incurred by the Department of Labor, Licensing and Regulation for implementation and enforcement of this chapter must be borne by the department."

SECTION ___. The 1976 Code is amended by adding:

"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B) A person fined pursuant to subsection (A) must be given notice of the fine by certified mail and must be given an opportunity to appeal the decision in accordance with the Administrative Procedures Act.

(C) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(D) The department shall submit a written report annually to the Senate and House Labor, Commerce and Industry Committees, concerning the civil penalties imposed pursuant to this section, including violations committed, persons fined, and amounts of the fines."

SECTION ___. Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30. (A) It ~~shall be~~ is unlawful for ~~any~~ an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1) ~~To require any employee, as a condition of employment, or of continuance of employment, to~~ be or become or remain a member or affiliate of ~~any~~ a labor organization or agency;

(2) ~~To require any employee, as a condition of employment, or of continuance of employment, to~~ abstain or refrain from membership in ~~any~~ a labor organization; or

(3) ~~To require any employee, as a condition of employment, or of continuance of employment, to~~ pay any fees, dues, assessments, or other charges or sums of money ~~whatsoever~~ to ~~any~~ a person or organization.

(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

SECTION ___. Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40. Nothing in this chapter ~~shall preclude any~~ precludes an employer from deducting from the wages of the employees and paying over to ~~any~~ a labor organization, or its authorized representative, membership dues in a labor organization; ~~provided, that~~ however, the employer ~~has~~ must have received from each employee, on whose account ~~such~~ the deductions are made, a written assignment which ~~shall not~~ only may be irrevocable for ~~a period of more than~~ one year, or ~~beyond~~ until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."

SECTION ___. Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90. ~~Any~~ A person whose rights are adversely affected by ~~any~~ a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter ~~shall have~~ has the right to apply to ~~any~~ a court having general equity jurisdiction for appropriate relief. The court~~, in any such proceeding,~~ may grant and issue ~~such~~ restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any ~~such~~ contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, ~~any~~ actual damages, costs, and attorneys' fees which have been sustained or incurred by ~~any~~ a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."

SECTION ___. Section 39-8-30(B) of the 1976 Code, as last amended by Act 38 of 1997, is amended to read:

"(B) Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has, during and subsequent to his employment, a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee."

SECTION ___. Section 39-8-40(B) of the 1976 Code, as added by Act 38 of 1997, is amended to read:

"(B) Damages may include both the actual loss caused by misappropriation or and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret." /

Renumber sections to conform.

Amend totals and title to conform.

Rep. LAW explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.

Rep. CATO argued that the Amendment was germane to the Bill in that it dealt with labor practices in the State of South Carolina because it enabled the Department of Labor, Licensing and Regulation to enforce the right-to-work laws in the State.

Rep. COBB-HUNTER argued that the amendment was not germane to the Bill.

SPEAKER WILKINS stated that the Bill and the amendment dealt with labor practices but, the Bill dealt with the penalties for the violations of currently existing child labor laws in South Carolina and Amendment No. 2 dealt with the right-to-work laws of the State. He therefore sustained the Point of Order and ruled the amendment out of order.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15670AC.98), which was tabled.

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

/SECTION ___. The 1976 Code is amended by adding:

(C) If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."

SECTION ___. The 1976 Code is amended by adding:

(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."

SECTION ___. Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30. (A) It ~~shall be~~ is unlawful for ~~any~~ an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1) ~~To require any employee, as a condition of employment, or of continuance of employment, to~~ be or become or remain a member or affiliate of ~~any~~ a labor organization or agency;

(2) ~~To require any employee, as a condition of employment, or of continuance of employment, to~~ abstain or refrain from membership in ~~any~~ a labor organization; or

(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

SECTION ___. Section 41-7-40 of the 1976 Code is amended to read:

SECTION ___. Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90. (A) A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these or in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.

(B) ~~Any~~ A person whose rights are adversely affected by ~~any~~ a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter ~~shall have~~ has the right to apply to ~~any~~ a court having general equity jurisdiction for appropriate relief. The court~~, in any such proceeding,~~ may grant and issue ~~such~~ restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any ~~such~~ contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, ~~any~~ actual damages, costs, and attorneys' fees which have been sustained or incurred by ~~any~~ a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."

SECTION ___. Section 39-8-30(B) of the 1976 Code, as last amended by Act 38 of 1997, is amended to read:

SECTION ___. Section 39-8-40(B) of the 1976 Code, as added by Act 38 of 1997, is amended to read:

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. LAW explained the Bill.

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

S. 1074--DEBATE ADJOURNED

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

S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

S. 847--OBJECTIONS AND REQUEST FOR DEBATE

The following Bill was taken up.

S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

Reps. WITHERSPOON, BARFIELD, EDGE, KEEGAN, CAMPSEN, LIMEHOUSE, KIRSH, KOON, ASKINS, SHEHEEN and MILLER objected to the Bill.

Rep. KNOTTS requested debate on the Bill.

S. 325--DEBATE ADJOURNED

Rep. KLAUBER moved to adjourn debate upon the following Bill until Wednesday, June 3, which was adopted.

S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.

S. 1166--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

"Section 7. No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

SECTION 2. 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 Section 7, Article III of the Constitution of this State, relating to the qualifications of Senators and members of the House of Representatives, be amended so as to provide that a candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office?

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'."

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21603SD.98), which was ruled out of order.

Amend the joint resolution, as and if amended, by adding the following new SECTIONS appropriately numbered to read:

/SECTION _____. It is proposed that Section 2, Article III of the Constitution of this State be amended to read:

"Section 2. ~~The~~ Beginning in 2000, the House of Representatives ~~shall be~~ is composed of members chosen by ballot every ~~second~~ fourth year by citizens of this State, qualified as in this Constitution is provided."

SECTION _____. It is proposed that Section 8, Article III, of the Constitution of this State be amended to read:

"Section 8. The first election for members of the House of Representatives under this Constitution ~~shall~~ must be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every ~~second~~ fourth year thereafter, in such manner and at such places as the General Assembly may prescribe."

SECTION _____. The proposed amendments 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 on the ballot:

"Must Sections 2 and 8, Article III, of the Constitution of this State be amended so as to provide that a person elected to the House of Representatives, beginning in 2000, serves a four-year instead of a two-year term?

Yes _
No _

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. HARRISON raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.

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

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Byrd                   Campsen                Cato
Cave                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Felder                 Fleming                Gamble
Gourdine               Govan                  Hamilton
Harris                 Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Maddox                 Martin                 Mason
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Tripp                  Trotter                Vaughn
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--102

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

S. 866--REQUESTS FOR DEBATE

The following Bill was taken up.

S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

Rep. JENNINGS explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. SIMRILL moved to table the motion, which was agreed to.

Reps. SCOTT, COBB-HUNTER, MOODY-LAWRENCE, LLOYD, HARRISON, INABINETT, BREELAND, McMAHAND, JENNINGS, WOODRUM, YOUNG and GOURDINE requested debate on the Bill.

S. 1162--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.

Rep. MILLER proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15677CM.98), which was adopted.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION ___. Section 59-63-235 of the 1976 Code, as last amended by Act 39 of 1995, is further amended to read:

"Section 59-63-235. The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees and report this incident to the appropriate law enforcement agency, which must arrest the student and prosecute him or her in the appropriate court. The expulsion must follow the procedures established pursuant to Section 59-63-240. ~~The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis.~~ Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MILLER explained the amendment.

The amendment was then adopted.

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

S. 863--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22133CM.98), which was adopted.

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

/SECTION 1. Section 16-25-90 of the 1976 Code is amended to read:

"Section 16-25-90. Notwithstanding any ~~provisions~~ provision of ~~Chapter~~ Chapters 13 and 21 of Title 24, and notwithstanding any other ~~provisions~~ provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his or her prison term when the inmate at the time he or she pled guilty to, nolo contendere to, or was convicted of an offense against ~~his~~ ~~spouse~~ the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the ~~spouse~~ household member. This section shall not affect the provisions of Section 17-27-45."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

S. 862--INTERRUPTED DEBATE

The following Bill was taken up.

S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22139CM.98).

Amend the bill, as and if amended, by striking SECTION 21 in its entirety, as contained on Page 862-9 and inserting:

/ SECTION 21. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1) 'Victim' means ~~a person~~ any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes ~~the person's~~ any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a) deceased;

(b) a minor;

(d) physically or psychologically incapacitated.

'Victim' does not include ~~a spouse, parent, child, or lawful representative~~ any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.

(2) ~~'Person' means an individual~~ 'Individual' means a human being.

(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention ~~and of the appropriate bond or other pretrial release hearing or procedure~~.

(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.

(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.

(E) ~~After effecting the arrest or~~ Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, ~~the arresting law enforcement agency~~ the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F) ~~After the arrest or~~ Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, ~~the arresting law enforcement agency~~ the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H) In cases in which a defendant has bond set by a summary court judge:

(1) the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I) In cases in which a defendant has a bond proceeding before a circuit court judge:

(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J) In cases in which a juvenile has a detention hearing before a family court judge:

(1) the prosecuting agency ~~must~~ reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.

(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."

C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"Section 16-3-1530. ~~(A) A jail, prison, or detention or holding facility having custody of a person~~ Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1) a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;

~~(B)~~(2) A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;

~~(C)~~(3) A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;

~~(D)~~(4) A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."

D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C) The prosecuting agency must file with an indictment a copy of a written ~~victim~~ victim's impact statement ~~with the victim's personal information deleted~~. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."

E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."

F. Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.

Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.

G. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to ~~this~~ subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."

H. This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION 22. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

(a) deceased;

(b) a minor;

(d) physically or psychologically incapacitated.

'Victim' does not include ~~a spouse, parent, child, or lawful representative~~ any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.

(2) ~~"Person" means an individual~~ 'Individual' means a human being.

(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B. This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

SECTION 23. Section 16-13-10(b)(2) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. Notwithstanding the provisions contained in Section 23-3-540, 22-3-545, and 22-3-550, if the amount of the forgery is less than one thousand dollars, the offense must be tried exclusively in magistrate's court.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION 24. Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:

Section 56-5-2910. (A) When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.

(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;

(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.

(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation.

SECTION 25. SECTION 22 of this Act takes effect upon ratification of the constitutional amendment contained in an Act of 1998 bearing Ratification Number 277. All other sections of this act take effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS 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. JENNINGS having the floor.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 5171 -- Reps. Meacham, Allison, Bailey, Barfield, Battle, Beck, Breeland, J. Brown, Canty, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Emory, Gamble, Gourdine, Hamilton, A. Harris, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kinon, Kirsh, Koon, Lanford, Lee, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McGee, McMahand, Miller, Moody-Lawrence, Mullen, Neilson, Rhoad, Riser, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Tripp, Vaughn, Walker, Webb, Wilder, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKE, AND HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS AND TREATMENT OF THE PROBLEMS OF OBESITY, AND TO REPORT THE FINDINGS OF THE STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 1999.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5214 -- Rep. Koon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON HIGH SCHOOL CHORUS ON THE OCCASION OF THEIR BEING NAMED GRAND CHAMPION OF THE FIESTA-VAL INVITATIONAL MUSIC FESTIVAL HELD IN ATLANTA, GEORGIA ON THE 17TH AND 18TH OF APRIL, 1998.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5215 -- Rep. Gamble: A CONCURRENT RESOLUTION THANKING CARL B. STOKES, DIRECTOR OF THE DIVISION OF LAW ENFORCEMENT AND SAFETY AT THE UNIVERSITY OF SOUTH CAROLINA, FOR HIS MORE THAN FORTY-THREE YEARS OF LAUDABLE LAW ENFORCEMENT SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM AS HE ANTICIPATES HIS HARD-EARNED AND WELL-DESERVED RETIREMENT ON JUNE 30, 1998.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5216 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA FUNERAL DIRECTORS ASSOCIATION ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

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

HOUSE RESOLUTION

The following was introduced:

H. 5217 -- Reps. Riser, Koon, Stuart and Spearman: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE LEXINGTON HIGH SCHOOL "LADY WILDCATS" SOFTBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1997-98 CLASS AAAA STATE SOFTBALL CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5218 -- Reps. R. Smith and Beck: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NORTH AUGUSTA SWARM BASKETBALL TEAM AND ITS COACHES, ON WEDNESDAY, JUNE 3, 1998, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE YOUTH BASKETBALL OF AMERICA SOUTH CAROLINA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the North Augusta Swarm basketball team members and coaches on Wednesday, June 3, 1998, for the purpose of being recognized for winning the Youth Basketball of America South Carolina State Championship .

The Resolution was adopted.

S. 1074--AMENDED, REQUESTS FOR DEBATE,
AND ORDERED TO THIRD READING

The following Bill was taken up.

Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\3030DW.98), which was adopted.

Amend the bill, as and if amended, page 2, by inserting before /providing/ on line 13 /stocking shelves,/.

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

Rep. SHARPE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21593AC.98), which was adopted.

Amend the bill, as and if amended, in Section 61-4-735(A), as contained in SECTION 1, page 1, by striking line 27 and inserting:

/"Section 61-4-735. (A) Except as provided in Sections 61-4-720 and 61-4-730, a manufacturer of wine, vintner, or/

Amend further, in Section 61-4-735(D), as contained in SECTION 1, page 2, by striking line 28 and inserting:

/tier three business. Except as provided in Sections 61-4-720 and 61-4-730, a person or entity in the wine business on one/

Amend further, in Section 61-4-735, as contained in SECTION 1, page 3, by inserting immediately after line 13:

/(F) Nothing in this section shall affect or prohibit the ownership or the operation of a licensed winery in this State that produces, provides taste samples, sells, delivers, or ships domestic wine as authorized and in accordance with the provisions of Sections 61-4-720 and 61-4-730."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHARPE explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill

Rep. SHARPE argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. SHARPE continued speaking.

The amendment was then adopted.

Rep. HARRISON explained the Bill.

Reps. BECK, R. SMITH and HAWKINS requested debate on the Bill.

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

S. 862--REQUESTS FOR DEBATE

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22139CM.98).

Amend the bill, as and if amended, by striking SECTION 21 in its entirety, as contained on Page 862-9 and inserting:

/SECTION 21. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read: