Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of St. Peter in his First Epistle, Chapter 4, 10th verse (NRSV):
"Like good stewards of the manifold grace of God, serve one another with whatever gift each of you has received."
Let us pray.
Lord God of us all, as we come each day to our duties, give us some guiding stars, some guiding inspirations, some sense of the proportion, some priorities of values, some clear focus of most important purposes which shall give us direction and determination in these special days of our stewardship.
Help us not to stumble in our judgments nor fail to act when we should!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

(R262) S. 803 (Word version) -- Senators Washington, Matthews, Rose and Williams: AN ACT TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.

June 30, 1997
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 803 (Word version), R. 262, an Act:
TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.
I am vetoing this Bill because it duplicates H. 4041, R. 247, that has already become law without my signature.
For the above reason, I am vetoing S. 803, R. 262 of 1997.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.
Senator WASHINGTON moved that the veto of the Governor be sustained.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Courson
Courtney                  Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hayes                     Holland                   Hutto
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson                    

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Columbia, S.C., January 13, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued the veto by the Governor on H. 3400, R. 222:
H. 3400 (R222) -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)
(Vetoes received--June 14, 1997)
(Veto 22, Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act)
Very respectfully,
Speaker
Received as information.

Columbia, S.C., January 13, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued the veto by the Governor on H. 3679, R. 101:

(R101) H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House
Received as information.

Senator RAVENEL introduced Dr. Richard Ulmer of Charleston, S.C., Doctor of the Day.

On motion of Senator REESE, at 12:00 Noon, Senator BRYAN was granted a leave of absence for today and tomorrow.

At 12:50 P.M., Senator J. VERNE SMITH requested a leave of absence for the balance of the day.

S. 723 (Word version) -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Courtney, Jackson and Rankin: A BILL TO AMEND SECTION 2-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED BEGINNING IN 1996, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE SENATE AS APPROPRIATE SHALL BE ELECTED FROM EACH OF THESE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, AS ESTABLISHED IN ACT 1 OF 1997, AND TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997; AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY FOR MAKING THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

Senator DRUMMOND asked unanimous consent to make a motion that all prefiled bills, as listed in the document placed on the desks by the Clerk, be introduced and given a first reading at this time, en masse, and referred to the respective committees as indicated unless a different reference is otherwise ordered by a majority of the Senate.
The motion was adopted.

The following were introduced:

S. 832 (Word version) -- Senators Holland and Giese: A BILL TO ABOLISH THE KERSHAW COUNTY BOARD OF VOTER REGISTRATION AND KERSHAW COUNTY ELECTION COMMISSION, AND TO CREATE THE KERSHAW COUNTY BOARD OF ELECTIONS AND REGISTRATION.
Read the first time and placed on the local and uncontested Calendar without reference.

S. 833 (Word version) -- Senators Peeler and Giese: A BILL TO AMEND SECTION 48-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IDENTIFICATION OF PROTECTED MOUNTAIN RIDGE CRESTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL HAVE THE RESPONSIBILITY OF IDENTIFYING PROTECTED MOUNTAIN RIDGE CRESTS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 834 (Word version) -- Senators Peeler, Giese and Reese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR MAKING ARRESTS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, FOR CERTAIN WILDLIFE AND OTHER VIOLATIONS INCLUDING USE OF AN OFFICIAL SUMMONS, SO AS TO AUTHORIZE OTHER LAW ENFORCEMENT OFFICERS TO USE THE OFFICIAL SUMMONS, TO REVISE REFERENCES TO THE CRIMINAL OFFENSES TO WHICH THE SECTION APPLIES, TO ADD ADDITIONAL OFFENSES, TO PROVIDE THAT ASSESSMENTS IMPOSED ON FINES IN
MAGISTRATE'S COURT FOR CHARGES BROUGHT BY OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES SHALL BE TWENTY-FIVE DOLLARS, AND TO PROVIDE THAT TIME LIMITS FOR THE PAYMENT OF FINES AND RESTITUTIONS FOR NATURAL RESOURCE AND WATERCRAFT VIOLATIONS, AND FOR THE SUSPENSION OF LICENSES, PERMITS, STAMPS, TAGS, AND REGISTRATIONS ISSUED BY THE DEPARTMENT IF SUCH FINES AND RESTITUTIONS ARE NOT TIMELY PAID.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 835 (Word version) -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 836 (Word version) -- Senators Peeler, Reese and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-96 SO AS TO PROVIDE THAT BEGINNING JULY 1, 1998, ALL OFFICES OF THE DEPARTMENT OF PUBLIC SAFETY WHERE THE GENERAL PUBLIC IS ADMITTED FOR THE PURPOSE OF OBTAINING DRIVERS' LICENSES OR PERMITS, MOTOR VEHICLE REGISTRATION AND LICENSE PLATES, OR TITLES TO MOTOR VEHICLES MUST BE EQUIPPED WITH SURVEILLANCE CAMERAS WHICH PROVIDE A VIDEO RECORD OF THE ACTIVITIES THAT OCCUR WITHIN THAT OFFICE, AND TO PROVIDE THAT THESE VIDEO RECORDS MUST BE MAINTAINED BY THE DEPARTMENT FOR A PERIOD OF THREE YEARS.
Read the first time and referred to the Committee on Judiciary.

S. 837 (Word version) -- Senator Lander: A BILL TO REPEAL SECTION 59-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S AUTHORITY TO ALLOW ADJUSTMENTS IN THE AMOUNT OF INSTITUTIONAL TIME REQUIRED IN THE DEFINED MINIMUM PROGRAM AND A PROVISION WHICH PROHIBITS THE REQUIREMENT OF A FOREIGN LANGUAGE AS A PREREQUISITE TO RECEIVING A REGULAR HIGH SCHOOL DIPLOMA.
Read the first time and referred to the Committee on Education.

S. 838 (Word version) -- Senators Bryan, Washington and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-65 SO AS TO REQUIRE CERTAIN PUPIL-TEACHER RATIOS IN GRADES K-6 OF 27:1 BEGINNING WITH SCHOOL YEAR 1999 AND FULLY PHASED-IN AT 15:1 BY SCHOOL YEAR 2004, TO PROVIDE FOR A WAIVER OF THESE RATIOS UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR A REDUCTION OF STATE AID FOR ANY DISTRICT WHICH DOES NOT MEET THESE REQUIRED RATIOS; AND TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS FOR SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE PROVISIONS RELATING TO REQUIRED PUPIL-TEACHER RATIOS IN GRADES 1-3 WHEN THE RATIOS REQUIRED ABOVE TAKE EFFECT.
Read the first time and referred to the Committee on Education.

S. 839 (Word version) -- Senators Peeler, Giese, Reese, Wilson, Mescher, Gregory and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDERING A LAW ENFORCEMENT OFFICER IN THE LINE OF DUTY MUST RECEIVE A MANDATORY SENTENCE OF DEATH.
Read the first time and referred to the Committee on Judiciary.

S. 840 (Word version) -- Senators O'Dell and Wilson: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.
Read the first time and referred to the Committee on Judiciary.

S. 841 (Word version) -- Senators Hayes, Giese, Wilson, Mescher and Gregory: A BILL TO AMEND SECTION 56-5-2945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY THE OPERATION OF A VEHICLE WHILE THE DRIVER IS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE FOR THE ADMINISTRATION OF TESTS TO DETECT THE PRESENCE OF ALCOHOL, DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS IN A PERSON WHO HAS BEEN ARRESTED FOR VIOLATING THIS SECTION.
Read the first time and referred to the Committee on Judiciary.

S. 842 (Word version) -- Senators Leventis, Hayes, Lander, Wilson, Giese, Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-375 THEREBY ENACTING THE SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT.
Read the first time and referred to the Committee on Education.

S. 843 (Word version) -- 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.
Read the first time and referred to the Committee on Medical Affairs.

S. 844 (Word version) -- Senators Courson, Leventis, Reese and Washington: A BILL TO AMEND SECTION 41-43-250 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF CONFIDENTIAL INFORMATION SUBMITTED TO OR COMPILED BY THE JOBS ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO SPECIFY WHEN AND UNDER WHAT CIRCUMSTANCES INFORMATION IS DEEMED TO BE CONFIDENTIAL; TO REQUIRE THE AUTHORITY TO PROVIDE THE SENATE FINANCE COMMITTEE OR THE HOUSE WAYS AND MEANS COMMITTEE WITH ANY MATERIAL IT MAY REQUEST REGARDING A LOAN OR GRANT; AND TO REQUIRE FINAL APPROVAL BY THE GENERAL ASSEMBLY FOR LOANS INITIALLY APPROVED BY THE AUTHORITY THAT ARE GUARANTEED BY THE STATE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 845 (Word version) -- Senators Passailaigue, Reese, Mescher, Washington and Branton: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS FROM FIVE THOUSAND DOLLARS.
Read the first time and referred to the Committee on Judiciary.

S. 846 (Word version) -- Senators Washington, Leventis, Reese, Gregory and Hutto: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.
Read the first time and referred to the Committee on Transportation.

S. 847 (Word version) -- 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.
Read the first time and referred to the Committee on Judiciary.

S. 848 (Word version) -- Senators Passailaigue, Reese, Alexander, Wilson, Mescher, Washington and Branton: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

S. 849 (Word version) -- Senators Drummond, Wilson and Branton: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 1998, AT THE KOGER CENTER FOR THE ARTS.
Introduced and referred to the Committee on Invitations.

S. 850 (Word version) -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington and Branton: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
Read the first time and referred to the Committee on Education.

S. 851 (Word version) -- Senators Leventis, Saleeby, Ford, Ravenel, Holland, O'Dell, Reese, McConnell, Cork and Hutto: A BILL TO AMEND SECTION 1-3-10 OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION SHALL ALSO BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL, AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL SHALL BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE METHOD OF TERMINATION OR REMOVAL.
Read the first time and referred to the Committee on Judiciary.

S. 852 (Word version) -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton and Hutto: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 853 (Word version) -- Senators Ryberg, Hayes, Grooms, Wilson and Gregory: A BILL TO REPEAL SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE; TO REPEAL ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT; TO AUTHORIZE PRO RATA REFUNDS FOR LICENSE FEES PAID ON COIN-OPERATED MACHINES WITH A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE DATE OF THIS ACT; AND TO AMEND SECTION 12-21-2720, RELATING TO LICENSES REQUIRED FOR COIN-OPERATED DEVICES OR MACHINES, AND SECTION 12-54-40, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS REGARDING TAXES AND LICENSES ENFORCED BY THE DEPARTMENT OF REVENUE, SO AS TO DELETE REFERENCES TO CODE SECTIONS REPEALED BY THIS ACT.
Read the first time and referred to the Committee on Judiciary.

S. 854 (Word version) -- Senators McConnell and Cork: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.

S. 855 (Word version) -- Senators Waldrep, Reese and Alexander: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX PAID ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT IF A LESSEE PURCHASES A LEASED VEHICLE FROM THE LESSOR, PRIOR TO THE END OF THE TERM OF THE LEASE OR AT THE END OF THE TERM OF THE LEASE, NO TAX IS DUE ON THE SALE TO THE LESSEE IF THE TAX WAS PAID AT THE TIME OF INITIATION OF THE LEASE, WHETHER PAID BY THE LESSOR OR THE LESSEE.
Read the first time and referred to the Committee on Finance.

S. 856 (Word version) -- Senator Ford: A BILL TO CREATE THE CHARLESTON COUNTY CONSOLIDATED SCHOOL DISTRICTS AND TO REPEAL ACT NO. 340 OF 1967, AS LAST AMENDED BY ACT NO. 139 OF 1969, SO AS TO ABOLISH THE SCHOOL DISTRICT OF CHARLESTON COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 857 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE IMPACT STATEMENTS, AND TO AMEND SECTION 11-11-15 OF THE 1976 CODE, RELATING TO THE BUDGET FUNCTIONS OF THE GOVERNOR, SO AS TO REQUIRE THE RECOMMENDED STATE BUDGET SUBMITTED BY THE GOVERNOR AT THE BEGINNING OF EACH REGULAR SESSION OF THE GENERAL ASSEMBLY TO INCLUDE SPECIFIC APPROPRIATIONS FOR THE AMOUNTS STATED IN THE STATEMENT OF REVENUE IMPACT FOR A BILL ENACTED DURING THE PRIOR SESSION OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.

S. 858 (Word version) -- Senators Hutto, Grooms and Hayes: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO DECREASE FROM TEN ONE-HUNDREDTHS OF ONE PERCENT TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT THE AMOUNT OF ALCOHOL BY WEIGHT WHICH MUST BE PRESENT IN A PERSON'S BLOOD TO GIVE RISE TO THE PRESUMPTION OF INTOXICATION.
Read the first time and referred to the Committee on Transportation.

S. 859 (Word version) -- Senators Passailaigue, Wilson and Hayes: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
Read the first time and referred to the Committee on Judiciary.

S. 860 (Word version) -- Senators McConnell, Moore, Grooms, Wilson, Ryberg, Ravenel, Reese, Mescher, Gregory and Branton: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Read the first time and referred to the Committee on Medical Affairs.

S. 861 (Word version) -- Senator Drummond: A BILL TO AMEND ACT NO. 1147 OF 1968, AS LAST AMENDED BY ACT NO. 269 OF 1973, RELATING TO THE GREENWOOD COUNTY VOCATIONAL FACILITY, SO AS TO RENAME THE FACILITY THE GREENWOOD COUNTY CAREER CENTER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 862 (Word version) -- 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.
Read the first time and referred to the Committee on Judiciary.

S. 863 (Word version) -- Senators Holland and Washington: 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.
Read the first time and referred to the Committee on Judiciary.

S. 864 (Word version) -- Senators Holland and Washington: A BILL TO AMEND SECTION 58-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF PUBLIC SERVICE COMMISSIONERS, SO AS TO PROVIDE THAT THE COMMISSION ELECT A VICE-CHAIRMAN INSTEAD OF A SECRETARY.
Read the first time and referred to the Committee on Judiciary.

S. 865 (Word version) -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
Read the first time and referred to the Committee on Judiciary.

S. 866 (Word version) -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell and Leventis: 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.
Read the first time and referred to the Committee on Judiciary.

S. 867 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO DELETE REFERENCES TO CODE SECTIONS REPEALED BY THIS ACT; TO REPEAL ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT; TO REPEAL SECTION 16-19-60 RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, TO AUTHORIZE PRO RATA REFUNDS FOR LICENSE FEES PAID ON COIN-OPERATED MACHINES WITH A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE DATE OF THIS ACT, AND TO MAKE THESE PROVISIONS PROHIBITING VIDEO POKER PAYOUTS EFFECTIVE ONLY IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN A REFERENDUM HELD AT THE TIME OF THE GENERAL ELECTION OF 1998 FAVOR THIS PROHIBITION.
Read the first time and referred to the Committee on Finance.

S. 868 (Word version) -- Senators Wilson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 IN TITLE 2, RELATING TO THE GENERAL ASSEMBLY, SO AS TO ESTABLISH A STATE REAPPORTIONMENT COMMISSION CONSISTING OF SEVEN MEMBERS FOR THE PURPOSE OF SUBMITTING REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY WHICH COMES INTO EXISTENCE ONLY IF THE GENERAL ASSEMBLY HAS NOT ENACTED REAPPORTIONMENT PLANS BY THE FIRST DAY OF JULY OF THE YEAR FOLLOWING THE YEAR OF THE UNITED STATES CENSUS, AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS, POWERS, AND DUTIES OF THE COMMISSION AND ITS MEMBERS.
Read the first time and referred to the Committee on Judiciary.

S. 869 (Word version) -- Senators Fair, Grooms, Wilson, Hayes and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT STATE FUNDING TO INSTITUTIONS, AGENCIES, AND ORGANIZATIONS THAT PERFORM ABORTIONS IN THIS STATE AND TO PROVIDE AN EXCEPTION.
Read the first time and referred to the Committee on Medical Affairs.

S. 870 (Word version) -- Senators Fair and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGES, SO AS TO PROVIDE FOR COVENANT MARRIAGES; TO PROVIDE FOR A COVENANT MARRIAGE DECLARATION ON A MARRIAGE LICENSE; TO PROVIDE PREREQUISITES TO ENTERING INTO A COVENANT MARRIAGE, INCLUDING COUNSELING; TO AUTHORIZE THE ENTERING INTO THE ACT OF COVENANT MARRIAGE BY THOSE ALREADY MARRIED; TO PROVIDE THE EXCLUSIVE MEANS TO TERMINATE A COVENANT MARRIAGE; AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.

S. 871 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 49 SO AS TO PROVIDE FOR A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF RESIDENTIAL PROPERTIES, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.

S. 872 (Word version) -- Senators Wilson, Reese and Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR THE TAKING OF ANTLERED DEER, SO AS TO PROVIDE THAT IN GAME ZONE 3, ON PRIVATE LAND ONLY BETWEEN OCTOBER ELEVENTH AND JANUARY FIRST, THE DEPARTMENT OF NATURAL RESOURCES MUST NOT ESTABLISH MORE THAN TWO CONSECUTIVE DAYS WHERE DEER MAY NOT BE HUNTED OR TAKEN WITH MODERN FIREARMS.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 873 (Word version) -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 874 (Word version) -- Senators Drummond, Mescher, Washington and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Read the first time and referred to the Committee on Judiciary.

S. 875 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1005 SO AS TO PROVIDE THAT RUMBLE STRIPS MUST BE INSTALLED AT CERTAIN TRAFFIC HIGHWAY INTERSECTIONS AND TO DEFINE RUMBLE STRIPS.
Read the first time and referred to the Committee on Transportation.

S. 876 (Word version) -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORD KEEPING REQUIREMENTS.
Read the first time and referred to the Committee on Finance.

S. 877 (Word version) -- Senators Rankin and Reese: A BILL TO AMEND SECTION 56-3-2030(18), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL MOTOR VEHICLES SO AS TO AMEND THE DEFINITION OF GROSS VEHICLE WEIGHT RATING TO MEAN THE WEIGHT OR VALUE SPECIFIED BY THE MANUFACTURER AS THE MAXIMUM WEIGHT LOAD.
Read the first time and referred to the Committee on Transportation.

S. 878 (Word version) -- Senators Wilson, Reese, Gregory and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-645 SO AS TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO ALTERNATIVE AND TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN; AND TO PROVIDE THAT THE DEPARTMENT SHALL CONDUCT A PILOT PROJECT ALLOWING PRIVATE ORGANIZATIONS TO PLANT TREES ALONG CERTAIN HIGHWAYS.
Read the first time and referred to the Committee on Transportation.

S. 879 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY POSSESS AN OPEN CONTAINER IN A MOVING LIMOUSINE OR CHARTERED BUS.
Read the first time and referred to the Committee on Judiciary.

S. 880 (Word version) -- Senators Wilson, Thomas, Gregory and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
Read the first time and referred to the Committee on Judiciary.

S. 881 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 588 OF 1994, RELATING TO THE ONE CENT SALES AND USE TAX IMPOSED FOLLOWING REFERENDUM APPROVAL IN CHEROKEE COUNTY FOR DEBT SERVICE ON BONDED INDEBTEDNESS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE PER PUPIL ALLOCATION FOR CAPITAL PROJECTS TO ANY OTHER SCHOOL DISTRICT IN CHEROKEE COUNTY, SO AS TO REQUIRE A PRO RATA REFUND OF PROPERTY TAXES FOR BONDED INDEBTEDNESS FOR SCHOOLS FROM EXCESS SALES AND USE TAX COLLECTED FOR THIS PURPOSE IN THE FOLLOWING YEAR IN THE MANNER THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT, IN CONSULTATION WITH THE COUNTY AUDITOR AND TREASURER, SHALL DETERMINE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 882 (Word version) -- Senators Peeler and Gregory: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 883 (Word version) -- Senators J. Verne Smith, Waldrep, Alexander, Bryan, Giese, Grooms, Land, Lander, Leatherman, Leventis, Martin, Matthews, Mescher, O'Dell, Ravenel, Reese, Ryberg, Saleeby, Drummond, Holland, Rankin and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
Read the first time and referred to the Committee on Medical Affairs.

S. 884 (Word version) -- Senators Wilson and Reese: A BILL TO AMEND SECTION 58-17-4096, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING UPON RAILROAD TRACKS, SO AS TO EXEMPT A REGISTERED LAND SURVEYOR, HIS EMPLOYEE, OR HIS AGENT.
Read the first time and referred to the Committee on Judiciary.

S. 885 (Word version) -- Senators Courson and Rankin: A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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; BY AMENDING 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; BY AMENDING SECTION 22-1-30, 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; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING 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 BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING 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; AND BY ADDING 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; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.
Read the first time and referred to the Committee on Judiciary.

S. 886 (Word version) -- Senators Saleeby, McGill and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THAT THE S.C. FORESTRY COMMISSION COMPLEX IN DARLINGTON COUNTY BE NAMED IN HONOR OF GARY H. SLAVENS.
Read the first time and on motion of Senator PEELER, with unanimous consent, ordered placed on the Calendar without reference.

S. 887 (Word version) -- Senators Wilson, Lander, Reese, Hayes and McConnell: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS, AND TO ENACT LEGISLATION ACCORDINGLY.
Read the first time and referred to the Committee on Judiciary.

S. 888 (Word version) -- Senators Rankin, Reese, J. Verne Smith, Mescher, Gregory, Alexander and Branton: A JOINT RESOLUTION TO TRANSFER ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF TRANSPORTATION TO THE GENERAL FUND FOR THE PURPOSES OF APPROPRIATING FUNDS FOR THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SO THAT THE DIVISION MAY HAVE THE FINANCIAL RESOURCES TO INCREASE STAFFING LEVELS CUT BY PREVIOUS BUDGET REDUCTIONS, TO ENABLE THE DIVISION TO HAVE NECESSARY FUNDING TO PROVIDE TAXPAYERS AND CITIZENS OF SOUTH CAROLINA WITH EFFICIENT AND TIMELY CUSTOMER SERVICE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR FUNDS TRANSFERRED TO THE GENERAL FUND ON BEHALF OF DEPARTMENT OF PUBLIC SAFETY IN THE 1998-99 GENERAL APPROPRIATION ACT.
Read the first time and referred to the Committee on Finance.

S. 889 (Word version) -- Senators Moore, Leventis, Reese and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET PROCESS, SO AS TO PROVIDE THAT CERTAIN INFORMATION PROVIDED TO THE GOVERNOR FOR THE UNDERTAKINGS OF STATE GOVERNMENT BE SENT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE, TO PROVIDE THAT THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE CONSTITUTE A JOINT APPROPRIATION COMMITTEE WHICH SHALL MEET TO CONSIDER AND ESTABLISH THE PROJECTED ANNUAL REVENUE AND CERTAIN REQUIRED ALLOCATIONS ON WHICH THE ANNUAL GENERAL APPROPRIATION BILL MUST BE BASED AND TO PROVIDE THAT THE BILL WHICH RECEIVES THIRD READING FIRST IN EITHER BODY SHALL BE THE RECORD BILL FOR PURPOSES OF FINAL PASSAGE AND TO REPEAL SECTION 11-11-100 AND SECTION 11-11-140.
Read the first time and referred to the Committee on Finance.

S. 890 (Word version) -- Senators Wilson, Reese and Mescher: 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.
Read the first time and referred to the Committee on Finance.

S. 891 (Word version) -- Senators Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
Read the first time and referred to the Committee on Medical Affairs.

S. 892 (Word version) -- Senators Giese, Reese, Mescher and Washington: 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.
Read the first time and referred to the Committee on Finance.

S. 893 (Word version) -- 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.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 894 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JOHN L. MCCOY OF GREAT FALLS UPON HIS DEATH.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 895 (Word version) -- Senator Passailaigue: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MRS. CHARLENE STUART FOR ALMOST THIRTY YEARS OF DEDICATION AND DEVOTION TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA IN CHARLESTON.
The Senate Resolution was adopted.

S. 896 (Word version) -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND FRIENDS OF MR. OSCAR LEE STROUD, JR., OF CHESTER WHO PASSED AWAY DURING THE LEGISLATIVE INTERIM.
The Senate Resolution was adopted.

S. 897 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO EXERCISE CONGRESSIONAL JURISDICTION OVER COMMERCE OVER THE INTERNET BY ESTABLISHING A MORATORIUM ON THE IMPOSITION OF EXACTIONS THAT WOULD INTERFERE WITH THE FLOW OF COMMERCE VIA THE INTERNET.
Introduced and referred to the Committee on Labor, Commerce and Industry.

S. 898 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.
Introduced and referred to the Committee on Judiciary.

S. 899 (Word version) -- Senators Wilson, Short, Grooms, Mescher, Martin, Hayes, Giese, Alexander, Courson, Branton, Ravenel, Courtney, Leatherman, Leventis, Peeler, Fair, Russell, Waldrep and Ryberg: A CONCURRENT RESOLUTION URGING THE SCHOOL DISTRICTS AND LOCAL LAW ENFORCEMENT AGENCIES IN SOUTH CAROLINA TO TEACH THE NATIONAL RIFLE ASSOCIATION'S EDDIE EAGLE GUN SAFETY PROGRAM TO THE CHILDREN OF THIS STATE IN AN EFFORT TO SAVE LIVES BY SHOWING CHILDREN THAT GUNS ARE NOT TOYS.
Introduced and referred to the Committee on Education.

S. 900 (Word version) -- Senators Hutto, Matthews and Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY IN HONOR OF THE LATE FIRST SERGEANT FRANKIE LEE LINGARD AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Whereas, First Sergeant Frankie Lee Lingard of the South Carolina Highway Patrol made the ultimate sacrifice for the citizens of this State when he was killed in the line of duty on December 31, 1997; and
Whereas, he was born in Varnville, South Carolina, in 1958 to Franklin and Dora Lingard; and
Whereas, he graduated in 1976 from Wade Hampton High School in Hampton, South Carolina; and
Whereas, he was honorably discharged from the United States Army in 1979 after serving as a military policeman; and
Whereas, he continued to serve his country as a member of the United States Army Reserves until his death; and
Whereas, he was a 1982 graduate of Beaufort Technical College; and
Whereas, he joined the South Carolina Highway Patrol on February 28, 1982; and
Whereas, he was named the South Carolina Highway Patrol Employee of the Month for July 1997; and
Whereas, he was the chief supervisor for the Highway Patrol in Orangeburg County; and
Whereas, the Department of Public Safety received numerous letters of appreciation from motorists that he assisted over the course of his fifteen-year career with the highway patrol; and
Whereas, he was the husband of Barbara Lingard and the father of three children; and
Whereas, he was active in his church, both in Varnville and Orangeburg, where he served as a role model for neighborhood children; and
Whereas, he was active in his community and helped with activities to benefit charities in the Orangeburg area; and
Whereas, First Sergeant Lingard's exemplary life was cut short by a shooting at the exit for U.S. 301 off Interstate 95. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby request the Department of Transportation to name the overpass at U.S. Highway 301 and Interstate 95 in honor of the late First Sergeant Frankie Lee Lingard and to erect appropriate markers or signs.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Introduced and referred to the Committee on Transportation.

S. 901 (Word version) -- Senator Short: A CONCURRENT RESOLUTION EXTENDING THE DATE BY WHICH THE "COMMITTEE TO STUDY CONSUMER FINANCE ISSUES" MUST MAKE ITS REPORT TO THE GENERAL ASSEMBLY.
Senator SHORT spoke on the Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 902 (Word version) -- Senators Drummond and J. Verne Smith: A CONCURRENT RESOLUTION TO THANK THE MEMBERS AND STAFF OF THE STATE HOUSE COMMITTEE FOR THEIR TIRELESS EFFORTS AND DEDICATION TO THE COMPLETION OF THE STATE HOUSE RENOVATION PROJECT, TO AUTHORIZE A SPECIAL CEREMONY TO COMMEMORATE THE OPENING OF THE NEWLY RENOVATED STATE HOUSE, AND TO AUTHORIZE AND DIRECT THAT THE STATE HOUSE BE OPEN TO THE PUBLIC AT LARGE FROM THE DATE OF ITS COMPLETION UNTIL LABOR DAY.
Whereas, the entire General Assembly owes a debt of gratitude and our hearty congratulations to each and every member of the State House Committee for their dedication and hard work in the management of the State House Renovation Project, and;
Whereas, the renovated facility will be a showcase of the historical beauty of our original building skillfully blended with the latest available architectural, engineering, and systems technology, and;
Whereas, one of the primary purposes of this incredible undertaking is to preserve one of the finest historic structures in America and at the same time provide a safe and pleasant environment for our citizens and other visitors to our seat of government, and;
Whereas, it is most fitting that the people's building be opened for the benefit of and first made available to the people of this State to see and appreciate and enjoy the beauty of their building;
Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State House Committee shall devise and report to the Speaker of the House and the President Pro Tempore of the Senate a plan for an opening ceremony for the dedication of the newly renovated State House to be administered by the clerks of the respective houses, and be it further resolved;
That subsequent to the dedication, the State House shall remain open seven days a week until Labor Day for visitation and tours during such times and such conditions as the Speaker of the House and the President Pro Tempore of the Senate shall direct, and be it further resolved;
That the Budget and Control Board is directed to provide such custodial and other services as shall be necessary to keep the facility in good order and to accommodate the plans established by the Speaker of the House and the President Pro Tempore of the Senate.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the State House Committee.

The Concurrent Resolution was introduced and on motion of Senator DRUMMOND, with unanimous consent, was ordered placed on the Calendar without reference.

S. 903 (Word version) -- Senators Drummond, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO CONGRATULATE SENATE SERGEANT-AT-ARMS JAMES MELTON FOR HIS RECOGNITION BY THE NATIONAL CONFERENCE OF STATE LEGISLATURES AS A WINNER OF THE 1997 LEGISLATIVE STAFF ACHIEVEMENT AWARD.
Whereas, Senate Sergeant-at-Arms James "Jim" Melton was prestigiously recognized by the National Conference of State Legislatures (NCSL) as a winner of the 1997 Legislative Staff Achievement Award; and
Whereas, the award was presented to Sergeant-at-Arms Melton by the National Legislative Services and Security Association (NLSSA); and
Whereas, Sergeant-at-Arms Melton has made outstanding and significant contributions to the NLSSA where he has been a member since 1980, served on its executive board for ten years, and was its president from 1993 to 1995; and
Whereas, Sergeant-at-Arms Melton joined the South Carolina Senate Security staff in 1978 and in 1987 he was elected Assistant Sergeant-at-Arms; and
Whereas, Sergeant-at-Arms Melton was elected to his present position of Senate Sergeant-at-Arms and Director of Security in 1989; and
Whereas, Sergeant-at-Arms Melton's dedication to professionalism is witnessed by every individual who meets him; and
Whereas, Sergeant-at-Arms Melton's numerous hours of research and preparation initiated and created the publication Protocol: A Handbook for Legislative Staff that provides legislative staff with proper ceremony and etiquette with foreign dignitaries; and
Whereas, Sergeant-at-Arms Melton has made a tremendous impact on state legislative policy as a member of the NCSL executive committee; and
Whereas, Sergeant-at-Arms Melton's selfless dedication to NCSL and NLSSA have made an invaluable contribution to this state legislative body and others around the nation. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of South Carolina proudly recognize and congratulate our Senate Sergeant-at-Arms Jim Melton on his recognition by the National Conference of State Legislatures as a winner of the 1997 Legislative Staff Achievement Award.
Be it further resolved that a copy of this resolution be forwarded to Sergeant-at-Arms Jim Melton.

The Senate Resolution was adopted.

S. 904 (Word version) -- Senator Washington: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 25 SO AS TO ENACT THE INCOME TAX CREDIT FOR PROPERTY TAX RELIEF ACT.
Read the first time and referred to the Committee on Finance.

S. 905 (Word version) -- Senator Passailaigue: A BILL TO AMEND CHAPTER 2 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING TAXATION, SO AS TO ESTABLISH A STATE POLICY AGAINST STATE AND LOCAL GOVERNMENT INTERFERENCE WITH COMMERCE ON THE INTERNET OR INTERACTIVE COMPUTER SERVICES.
Read the first time and referred to the Committee on Finance.

S. 906 (Word version) -- Senators Holland and Giese: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE, SO AS TO PROVIDE THAT PERMANENT FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT AGENTS OF THE DEPARTMENT OF PUBLIC SAFETY WHO ARE TEMPORARILY DISABLED AS A RESULT OF AN ASSAULT INFLICTED IN THE COURSE OF THEIR DUTIES MUST BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY THEIR EMPLOYER RATHER THAN SICK LEAVE.
Read the first time and referred to the Committee on Finance.

S. 907 (Word version) -- Senators Land and Holland: A BILL TO AMEND SECTION 12-21-3940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TO CONDUCT BINGO, SO AS TO PROVIDE THAT A BINGO GAME WORKER MUST NOT HAVE BEEN CONVICTED OF CERTAIN CRIMES WITHIN TWENTY-FIVE RATHER THAN TWENTY YEARS OF HIS APPLICATION; TO AMEND 12-21-3950, RELATING TO PROMOTERS' LICENSES, SO AS TO PROVIDE THAT A PROMOTER MUST NOT HAVE BEEN CONVICTED OF CERTAIN CRIMES WITHIN TWENTY-FIVE YEARS RATHER THAN TWENTY YEARS OF HIS APPLICATION; AND TO AMEND SECTION 12-21-4060, RELATING TO CERTAIN PERSONS PROHIBITED FROM MANAGING OR CONDUCTING BINGO, SO AS TO PROVIDE THAT THOSE PERSONS WHO MANAGE OR CONDUCT BINGO MUST NOT HAVE BEEN CONVICTED OF CERTAIN CRIMES WITHIN THE LAST TWENTY-FIVE YEARS RATHER THAN TWENTY YEARS.
Read the first time and referred to the Committee on Finance.

S. 908 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 19, CHAPTER 21, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES AND DEVICES, BY ADDING SECTION 12-21-2751, SO AS TO PROVIDE FOR THE DISTRIBUTION OF CERTAIN REVENUE TO COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 12-21-2720 OF THE 1976 CODE, RELATING TO LICENSES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF REVENUE RECEIVED FROM THE LICENSURE OF MACHINES DESCRIBED IN SECTION 12-21-2720(A)(3).
Read the first time and referred to the Committee on Finance.

S. 909 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-2810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PROPERTY TAXATION OF MOTOR CARRIERS, SO AS TO REVISE THE DEFINITIONS OF "MOTOR CARRIER" AND "MOTOR VEHICLE" TO CLARIFY THAT THE DEFINITIONS EXTEND TO THE TRANSPORTATION OF BOTH PROPERTY AND PERSONS.
Read the first time and referred to the Committee on Finance.

S. 910 (Word version) -- Senators Leventis, Lander, Wilson, Hayes and Branton: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES BY ADDING SECTION 8-11-125 SO AS TO GIVE A HIRING PREFERENCE TO A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS FOR A VACANT POSITION IN STATE GOVERNMENT; BY ADDING SECTION 51-1-45 SO AS TO ALLOW A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS OR A MEMBER OF THE STATE GUARD WHO HAS SERVED IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS, TO BE ADMITTED TO ALL STATE PARKS, MUSEUMS, AND RECREATIONAL FACILITIES WITHOUT CHARGE; BY ADDING SECTION 56-3-622 SO AS TO AUTHORIZE A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS TO REGISTER ONE PRIVATE PASSENGER MOTOR VEHICLE WITHOUT PAYING THE BIENNIAL REGISTRATION FEE; TO AMEND CHAPTER 111, TITLE 59, BY ADDING ARTICLE 10 SO AS TO ALLOW A DISCOUNT ON TUITION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION OF FIVE HUNDRED DOLLARS FOR A MEMBER OF THE SOUTH CAROLINA STATE GUARD UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO PROVIDE A NINE DOLLAR FEE FOR A LIFETIME LICENSE FOR A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS OR A MEMBER SERVING IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE AND FEE FOR A DRIVER'S LICENSE, SO AS TO WAIVE THE FEE FOR A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS; TO AMEND SECTION 56-3-4710, AS AMENDED, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO DELETE THE PERSONALIZED PLATE FEE REQUIRED FOR THE ISSUANCE OF THE PLATE AND REPLACE IT WITH THE PAYMENT OF ONE DOLLAR.
Read the first time and referred to the Committee on Finance.

S. 911 (Word version) -- Senators McConnell, Saleeby and Moore: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE STATEMENTS OF PROPOSED TESTIMONY TO THE JUDICIAL MERIT SELECTION COMMISSION BE FURNISHED AT LEAST FORTY-EIGHT HOURS BEFORE THE DATE AND TIME SET FOR THE BEGINNING OF THE PUBLIC HEARINGS.
Read the first time and referred to the Committee on Judiciary.

S. 912 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A VALID ORDER OF PROTECTION AND A MURDER THAT WAS COMMITTED IN THE PHYSICAL PRESENCE OF A HOUSEHOLD MEMBER OF THE MURDER VICTIM.
Read the first time and referred to the Committee on Judiciary.

S. 913 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75 SO AS TO PROVIDE THAT BEGINNING WITH SENATORIAL DISTRICTS REAPPORTIONED AS A RESULT OF THE CENSUS TAKEN IN THE YEAR 2000, ANY COUNTY WITH A POPULATION THAT IS AT LEAST FORTY-FIVE PERCENT OF THE AVERAGE POPULATION OF THE FORTY-SIX SENATORIAL DISTRICTS AS REAPPORTIONED MUST BE WHOLLY INCLUDED WITHIN A PARTICULAR SENATORIAL DISTRICT.
Read the first time and referred to the Committee on Judiciary.

S. 914 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Read the first time and referred to the Committee on Judiciary.

S. 915 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.
Read the first time and referred to the Committee on Judiciary.

S. 916 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 22-5-310 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF MAGISTRATES OVER CRIMINAL OFFENSES NOT WITHIN THEIR JURISDICTION, SO AS TO AUTHORIZE A MAGISTRATE TO MODIFY THE RECOGNIZANCE OF A PERSON CHARGED WITH AN OFFENSE BEYOND THE MAGISTRATE'S TRIAL JURISDICTION IN CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.

S. 917 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 16-1-57 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY OFFENSES, SO AS TO EXCLUDE CERTAIN SHOPLIFTING OFFENSES FROM THE PROVISIONS OF THIS SECTION, AND TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE PENALTIES AND TO PROVIDE THAT ONLY THOSE OFFENSES OCCURRING WITHIN A PERIOD OF TEN YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR OFFENSES FOR PURPOSES OF THIS SECTION.
Read the first time and referred to the Committee on Judiciary.

S. 918 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 41-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW THE LICENSURE OF A PRIVATE PERSONNEL PLACEMENT SERVICE AGENCY WHERE THE PRINCIPAL PLACE OF BUSINESS IS A PRIVATE RESIDENCE IF SUCH LICENSURE WOULD NOT VIOLATE OTHER APPLICABLE LAWS OR ZONING ORDINANCES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 919 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25 OF TITLE 40 OF THE 1976 CODE ARE DEVOLVED UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONS LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 920 (Word version) -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
Read the first time and referred to the Committee on Medical Affairs.

S. 921 (Word version) -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
Read the first time and referred to the Committee on Medical Affairs.

S. 922 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION OF THE BOARD AND TO PROVIDE DEFINITIONS.
Read the first time and referred to the Committee on Transportation.

S. 923 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.
Senator HOLLAND spoke on the Resolution .

The Joint Resolution was read the first time and on motion of Senator HOLLAND, with unanimous consent, was ordered placed on the Calendar without reference.

On motion of Senator HOLLAND, with unanimous consent, S. 923 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3274 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41 CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41 AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE VOLUNTARILY ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; TO AMEND SECTION 41-7-80 RELATING TO CRIMINAL PENALTIES SO AS TO INCREASE THE PENALTIES; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4291 (Word version) -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 123 TO THE GREENVILLE COUNTY LINE IN HONOR OF JOE ANDERS.
Introduced and referred to the Committee on Transportation.

H. 4324 (Word version) -- Reps. Barfield, Edge, Sharpe, Cotty, Bauer, Sandifer, Loftis, Fleming, Howard, J. Smith, Barrett, Martin, McCraw, Webb, Allison, Keegan, Beck, Jordan, Maddox, Young-Brickell, Whatley, Hawkins, Kelley and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE GENERAL ASSEMBLY'S DESIRE TO GIVE AN EQUAL VOICE TO ALL SOUTH CAROLINA CITIZENS AND THEREBY REQUESTING THAT THE HOUSE OF REPRESENTATIVES HAVE THE OPPORTUNITY TO APPROVE ALL GUBERNATORIAL APPOINTMENTS THAT REQUIRE THE ADVICE AND CONSENT OF THE SENATE AND FURTHER THAT THE RESPECTIVE HOUSE LEGISLATIVE DELEGATIONS HAVE THE OPPORTUNITY TO APPROVE MAGISTRATE APPOINTMENTS THAT REQUIRE THE ADVICE AND CONSENT OF THE SENATE.
Introduced and referred to the Committee on Judiciary.

H. 4390 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 1998, AT THE KOGER CENTER FOR THE ARTS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4391 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Introduced and referred to the Committee on Invitations.

H. 4392 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY, MANY FRIENDS, AND COLLEAGUES OF STATE TROOPER FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL, WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997, ON INTERSTATE 95 NEAR ORANGEBURG.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4397 (Word version) -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO STERLING J. DOWLING OF ORANGEBURG-WILKINSON HIGH SCHOOL UPON BEING CHOSEN AS THE GOVERNOR OF THE 1997 AMERICAN LEGION PALMETTO BOYS' STATE AND TO FURTHER HONOR THIS OUTSTANDING YOUNG MAN ON ATTAINING THE ULTIMATE GOAL OF BEING ELECTED PRESIDENT OF THE 1997 AMERICAN LEGION BOYS' NATION IN WASHINGTON, D.C.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4189 (Word version) -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator RAVENEL proposed the following amendment (PT\1493DW.98), which was adopted:
Amend the bill, as and if amended, page 1, by striking the first paragraph, lines 23 through 33 and inserting:
/"Section 7-7-270.   (A)   In Georgetown County there are the following voting precincts: Andrews; Andrews Outside; Bethel; Black River; Brown's Ferry; Carver's Bay; Cedar Creek; Choppee; Folly Grove; Georgetown No. 1; Georgetown No. 2 Georgetown No. 2-Dream keepers; Georgetown No. 3; Georgetown No. 4; Georgetown No. 5; Georgetown No. 6; Georgetown No. 7; Grier's; Kensington; Murrell's Inlet Murrell's Inlet No. 1; Murrell's Inlet No. 2; Murrell's Inlet No. 3; Murrell's Inlet No. 4; Myersville; Pawley's Island No. 1; Pawley's Island No. 2; Pawley's Island No. 3; Pawley's Island No. 4; Pawley's Island No. 5; Pennyroyal; Plantersville; Pleasant Hill; Potato Bed Ferry; Sampit; Santee; Spring Gulley; and Winyah Bay./
Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator HOLLAND, H. 4189 was ordered to receive a third reading on Thursday, January 15, 1998.

S. 157 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (157R003.ELP) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Wednesday, June 4, 1997.

Senator PASSAILAIGUE proposed the following amendment (157R003.ELP):
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSE OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A DEDUCTION NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR TAXPAYERS AT LEAST SIXTY-FIVE YEARS OF AGE PHASED IN OVER FIVE TAXABLE YEARS WITH A MAXIMUM DEDUCTION OF TWELVE THOUSAND DOLLARS FOR THE 1997 TAXABLE YEAR, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS DEDUCTION.
A.   Section 12-6-1140 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered item to read:
"( )   South Carolina taxable income received by a resident individual taxpayer who before or during the applicable taxable year has attained the age of sixty-five. If a married taxpayer eligible for this deduction files a joint federal income tax return with a spouse who is not eligible for this deduction, then their joint income must be allocated between them on a pro-rata basis in the manner the department shall provide."
B.   This section applies for taxable years beginning after 1996, but for taxable year 1997 only, the maximum deduction allowed an eligible taxpayer pursuant to the unnumbered item added in Section 12-6-1140 of the 1976 Code by subsection A of this section is $11,500 reduced by the amount the taxpayer is eligible to deduct pursuant to Sections 12-6-1140(3) and 12-6-1170 of the 1976 Code for that taxable year./
Amend title to conform.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 1 was withdrawn.

Senator PASSAILAIGUE proposed the following Amendment No. 2 (157R006.ELP):
Amend the bill, as and if amended, by striking all after the enacting words, and inserting the following:
/SECTION   1.   Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1240.   (A)   A person, partnership, corporation, or other entity filing a state income tax return may claim a refundable income tax credit as provided in this section, for each motor vehicle for which the filer paid ad valorem taxation pursuant to Article X, Section 1 of the Constitution of South Carolina during the filer's tax year. Commercial trucks with an empty weight of not more than five thousand pounds are not subject to the refundable tax credit authorized in this section.
(B)   To determine the available tax credit, prior to the close of calender year 1998 and annually thereafter, the department shall calculate the number of non-commercial vehicles for which taxes were paid pursuant to Article X, Section 1 of the Constitution. The department shall then establish the value of the refundable credit based upon its projection of how many income tax filers will avail themselves of the credit divided by the revenue available pursuant to subsection (C). If the calculation provided in subsection (C) yields a refundable credit of less than five dollars per vehicle, a taxpayer is not entitled to a credit for that tax year and any monies in the Personal Property Tax Relief Fund shall be carried forward to the next tax year.
(C)   Upon the conclusion of each fiscal year the Comptroller shall deposit any remaining unappropriated or undesignated surplus funds into the Personal Property Tax Relief Fund. Notwithstanding the provisions of Section 11-43-160(B), all revenue in excess of those necessary to maintain a current repayment schedule on the principal and interest for bonds and other expenses directly related to a highway project approved by the board of directors of the Infrastructure Bank and Joint Bond Review Committee prior to January 9, 1998, must be deposited into the Personal Property Tax Relief Fund. This Fund is separate and distinct from the general fund of the state and any interest accruing on monies deposited to the Fund shall remain a part of the Fund to be expended with the principal as provided in this section.
(D)   If the actual payout from the Personal Property Tax Relief Fund for a given tax year is less than the credit established pursuant to subsection (B), a taxpayer is not entitled to an additional credit and any remaining balance in the Personal Property Tax Relief Fund shall be carried forward to the next tax year. If the actual payout from the Personal Property Tax Relief Fund exceeds available funds, any affected taxpayer shall receive benefit of the credit and any shortfall in the Fund shall constitute an encumbrance against the Capital Reserve Fund."
SECTION   2.   On the effective date of this act, funds credited to the Infrastructure Bank pursuant to Part IB, Section 72.76, of Act 155 of 1997, less eighty thousand dollars, shall be transferred to the Personal Property Tax Relief Fund. These funds and any truck fees available pursuant to the second sentence of Section 12-6-1240(C) shall be used to fund the refundable income tax credit for tax year 1998.
SECTION   3.   This act takes effect upon approval by the Governor but the credit shall be available for tax years after tax year 1997./
Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator MARTIN assumed the Chair at 12:05 P.M.

Senator PASSAILAIGUE continued speaking in favor of the adoption of the amendment.

The PRESIDENT assumed the Chair at 12:50 P.M.

Senator PASSAILAIGUE continued speaking in favor of the adoption of the amendment.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE, McCONNELL and THOMAS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE continued speaking in favor of the adoption of the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as the amendment purports to appropriate money and as such must originate in the House of Representatives under the provisions of Section 15, Article 3 of the S.C. Constitution.
Senators PASSAILAIGUE, LEVENTIS, McCONNELL and LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE continued speaking in favor of the adoption of the amendment.

Senator MARTIN assumed the Chair at 1:22 P.M.

Senator PASSAILAIGUE continued speaking in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senators LEATHERMAN and HAYES argued contra to the adoption of the amendment.
Senator McCONNELL spoke on the amendment.

The PRESIDENT assumed the Chair at 2:28 P.M.

Senator LAND spoke on the amendment.

On motion of Senator LAND, consideration was interrupted.

On motion of Senators HUTTO, WASHINGTON and MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of First Sergeant Frankie Lee Lingard of Hampton County, State Trooper with the South Carolina Highway Patrol who was killed in the line of duty.

At 2:40 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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