South Carolina House Journal - March 9, 1999 - South Carolina Legislature Online

South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives

Printed Page 1020 . . . . . Tuesday, March 9, 1999

Tuesday, March 9, 1999
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

We come again into Your presence, O Lord, knowing that we need Your help. Give us the faith to believe that You are always near. As You have guided Your people in the past, so guide us today. At every desk, may there be a whisper that "You are nearer to us than breathing; closer to us than hands and feet". Help us to weigh our every thought that each word may echo Your will. Whatever the future holds, may we face it calmly and confidently in the assurance of Your unbounded wisdom and Your unlimited help.

So, remain with us this day and every day. 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. NEILSON moved that when the House adjourns, it adjourn in memory of Bert Flowers of Darlington, which was agreed to.

REGULATION WITHDRAWN

Document No. 2295
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 20-7-1900 through 20-7-1970 and 20-7-2610 et seq.
Supplemental Benefits for Adoption and Medical Assistance
Received by Speaker of the House of Representatives April 22, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
H 19990225 Committee Request Withdrawal 120 Day period tolled

19990304 Withdrawn

Printed Page 1021 . . . . . Tuesday, March 9, 1999

REPORT OF STANDING COMMITTEE

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

H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum and Govan: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANAURY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING

Printed Page 1022 . . . . . Tuesday, March 9, 1999

THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Ordered for consideration tomorrow.

Printed Page 1023 . . . . . Tuesday, March 9, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3684 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION COMMENDING JONATHAN SIMS OF DARLINGTON COUNTY, SIXTH GRADER AT BRUNSON-DARGAN ELEMENTARY SCHOOL, FOR HIS HONESTY AND INTEGRITY AT THE YOUNG AGE OF ELEVEN, AND CONGRATULATING HIM ON BEING NAMED A "HOME TOWN HERO" BY THE MORNING NEWS OF FLORENCE.
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:

H. 3685 (Word version) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: A BILL TO AMEND SECTION 51-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3686 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO SPECIFY THAT A GUARDIAN AD LITEM IN CASES IN WHICH CUSTODY OR VISITATION IS IN ISSUE MUST BE AN ATTORNEY, A PERSON TRAINED BY THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, OR REGISTERED WITH THE DEPARTMENT OF SOCIAL SERVICES; AND TO ADD SECTION 20-7-1542 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A REGISTRY OF GUARDIANS AD LITEM, AND TO PRESCRIBE REQUIREMENTS FOR REGISTRATION, PROCEDURES FOR FILING COMPLAINTS, AND GROUNDS FOR REVOKING A REGISTRATION.
Referred to Committee on Judiciary

Printed Page 1024 . . . . . Tuesday, March 9, 1999

H. 3687 (Word version) -- Reps. Altman and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO PROVIDE A CUSTOMER A WRITTEN ESTIMATE, TO REQUIRE CONSENT FROM THE CUSTOMER BEFORE SERVICE OR REPAIR BEGINS, TO PROHIBIT A MOTOR VEHICLE REPAIR FACILITY FROM EXCEEDING ITS APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE REGULATIONS IN THE FACILITY, TO REQUIRE NOTICE OF USE OF "AFTER MARKET" OR USED PARTS, TO GIVE CUSTOMERS THE RIGHT TO INSPECT AND RETAIN REPLACED PARTS, AND TO PROVIDE REMEDIES AND PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; AND TO AMEND SECTION 29-15-10, RELATING TO LIENS FOR CHARGES FOR REPAIRS AND STORAGE, SO AS TO REQUIRE NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND TO EXCLUDE CHARGES NOT AUTHORIZED AS PROVIDED IN THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

H. 3696 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 2001-2002 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER LOCAL SCHOOL DISTRICTS, TO

Printed Page 1025 . . . . . Tuesday, March 9, 1999

PROVIDE THAT LOCAL SCHOOL DISTRICTS OR CONSORTIUM OF LOCAL SCHOOL DISTRICTS MAY CONTRACT WITH A PRIVATE ENTITY TO PROVIDE ANY PORTION OF THE ALTERNATIVE SCHOOL PROGRAM WHICH DOES NOT HOWEVER RELIEVE THE DISTRICT OF ITS RESPONSIBILITY TO PROVIDE THESE PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED INCLUDING THE PROVISION OF FUNDING FOR EXISTING ALTERNATIVE SCHOOL PROGRAMS FOR FISCAL YEAR 1999-2000; AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE; TO AMEND SECTIONS 59-39-105, AS AMENDED, 59-39-180, AND 59-39-190, OF THE 1976 CODE, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA AND SCHOLARSHIP FROM "SUPERIOR SCHOLARS FOR TODAY AND TOMORROW" TO 'SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS" AND TO PERMIT THE CARRYOVER OF CERTAIN FUNDS USED FOR THESE SCHOLARSHIPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-106 SO AS TO PROVIDE THAT STUDENTS OF NONPUBLIC HIGH SCHOOLS WHO WANT TO QUALIFY FOR THE STAR DIPLOMA ARE ELIGIBLE TO TAKE THE REQUIRED EXIT EXAMS WITHOUT COST AT A LOCAL PUBLIC SCHOOL IN THE DISTRICT WHERE THEY RESIDE; TO AMEND SECTION 59-18-500 OF THE 1976 CODE, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR; TO AMEND SECTION 12-6-3385 OF THE 1976 CODE, RELATING TO A STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE, SO AS TO PROVIDE THAT THESE TUITION CREDITS MAY NOT BE CLAIMED FOR MORE THAN TWO CONSECUTIVE YEARS RATHER THAN FOUR

Printed Page 1026 . . . . . Tuesday, March 9, 1999

CONSECUTIVE YEARS AFTER THE STUDENT ENROLLS IN AN ELIGIBLE INSTITUTION, AND TO MAKE THIS CREDIT NONREFUNDABLE; TO AMEND SECTION 12-23-810, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO TWENTY-EIGHT AND ONE-HALF MILLION DOLLARS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA BEACH RESTORATION AND IMPROVEMENT TRUST ACT" SO AS TO PROVIDE FOR A TRUST FUND FOR PUBLIC BEACH RESTORATION AND MAINTENANCE, IMPROVEMENT AND ENHANCEMENT OF PUBLIC BEACH ACCESS, AND EMERGENCY SUPPORT FOLLOWING SEVERE STORM DAMAGE TO THE BEACH AND DUNES SYSTEM, TO PROVIDE FOR THE FUND'S CAPITALIZATION IN FISCAL YEAR 1999-2000 BY APPROPRIATION FROM THE GENERAL TAX REVENUES IN AN AMOUNT CONSIDERED APPROPRIATE BY THE GENERAL ASSEMBLY AND AN ANNUAL APPROPRIATION OF AN APPROPRIATE AMOUNT AFTER THAT, TO PROVIDE FOR ITS ADMINISTRATION BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, AND TO REQUIRE COMPREHENSIVE COLLECTION AND EVALUATION OF DATA CONCERNING EROSION RATES AND HAZARD AREAS OF PUBLIC BEACHES TO BE USED FOR FUNDING PROJECTS FROM THE TRUST FUND; TO AMEND SECTION 44-96-170, AS AMENDED, OF THE 1976 CODE, RELATING TO WASTE TIRES AND THE DISPOSAL FEE IMPOSED ON THE SALE OF NEW TIRES UNDER THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REDUCE THE FEE FROM TWO DOLLARS TO ONE DOLLAR AND EIGHTY CENTS A TIRE; TO AMEND SECTION 12-33-245 OF THE 1976 CODE RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT THE STATE TREASURER SHALL DISTRIBUTE ELEVEN PERCENT OF THE REVENUES OF THIS TAX TO COUNTIES FOR EDUCATIONAL PROGRAMS RELATING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLISM AND DRUG ADDICTS; TO AMEND SECTION 56-1-1330, AS AMENDED, OF THE 1976 CODE, RELATING TO THE

Printed Page 1027 . . . . . Tuesday, March 9, 1999

REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS SUCCESSFULLY HAS COMPLETED ITS SERVICES, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED AND PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES OR MAY NOT BE UNSUCCESSFULLY COMPLETED FROM THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A COMBINATION

Printed Page 1028 . . . . . Tuesday, March 9, 1999

HUNTING AND FISHING LICENSE FROM SEVENTEEN TO TWENTY-THREE DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A SPORTSMAN LICENSE FROM FORTY-FOUR TO FIFTY DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT; TO AMEND SECTION 50-9-920, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPOSIT OF REVENUE FROM THE SALE OF LIFETIME LICENSES IN THE STATE TREASURY, SO AS TO DELETE THE EXCEPTION FOR REVENUE FROM THE SALE OF LICENSES AND PERMITS PURSUANT TO THE MARINE RESOURCES LAWS; TO AMEND SECTION 51-17-115 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR; TO AMEND SECTION 17-3-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AFFIDAVIT OF INABILITY TO EMPLOY COUNSEL AND THE WAIVER OR REDUCTION OF THE APPLICATION FEE, SO AS TO PROVIDE THE TRIAL JUDGE SHALL ORDER THE REMAINDER OF THE FEE PAID DURING PROBATION, IF PROBATION IS GRANTED, AND TO PROVIDE FURTHER THAT THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL SHALL MAINTAIN A RECORD OF ALL PERSONS APPLYING FOR REPRESENTATION AS AN INDIGENT AND PROVIDE THIS INFORMATION AS WELL AS THE AMOUNT OF FUNDS COLLECTED OR WAIVED TO THE OFFICE OF INDIGENT DEFENSE ON A MONTHLY BASIS; TO AMEND SECTION 23-31-216 OF THE 1976 CODE, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE

Printed Page 1029 . . . . . Tuesday, March 9, 1999

THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM; TO AMEND SECTION 41-27-410 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE, IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT, FOR THE BASE RATE

Printed Page 1030 . . . . . Tuesday, March 9, 1999

COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE; TO AMEND SECTION 4-12-30, AS AMENDED, OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; AND TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; TO AMEND SECTION 11-43-160 OF THE 1976 CODE, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO PHASE IN OVER FOUR YEARS BEGINNING JUNE 15, 2000, THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THAT ACCOUNT, AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF

Printed Page 1031 . . . . . Tuesday, March 9, 1999

MOTOR VEHICLES LICENSING AND REGISTRATION FEES, SO AS TO CONFORM THE CREDITING OF THESE REVENUES TO THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 11-43-160 OF THE 1976 CODE, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION; TO AMEND SECTION 12-6-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE THOUSAND DOLLAR DEDUCTION FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION; TO AMEND SECTION 12-10-35 OF THE 1976 CODE, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-186 SO AS TO REQUIRE A STATE AGENCY TO REPORT AN INTERIM NEW FULL-TIME EMPLOYMENT POSITION TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND ARTICLE 1,

Printed Page 1032 . . . . . Tuesday, March 9, 1999

CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-187 SO AS TO REQUIRE A STATE AGENCY TO REPORT A FULL-TIME EMPLOYMENT POSITION TRANSFERRED TO OR RECEIVED FROM ANOTHER STATE AGENCY TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM TO TWENTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO NOTIFY THE SYSTEM ON HIRING A RETIREE AND TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION; AND TO REPEAL SECTION 9-1-1600 RELATING TO A LIMITED EXEMPTION FROM THE EARNINGS LIMITATION BY A TEACHER OR OTHER EMPLOYEE ESPECIALLY SKILLED IN SCIENTIFIC KNOWLEDGE; TO AMEND SECTION 12-6-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION; TO AMEND SECTION

Printed Page 1033 . . . . . Tuesday, March 9, 1999

12-36-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MULTIPLIER FOR RETIRED MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY FROM 4.82 PERCENT TO 5.89 PERCENT, EFFECTIVE JULY 1, 1999; TO AMEND SECTION 43-5-1135, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, AND TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE ?SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION? ESTABLISHED FOR GRANT-AIDED AGENCIES IN THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE

Printed Page 1034 . . . . . Tuesday, March 9, 1999

STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED; TO AMEND SECTION 1-1-820 OF THE 1976 CODE RELATING TO THE CONTENTS OF A STATE AGENCY'S ACCOUNTABILITY REPORT, SO AS TO ADD THE CRITERIA FROM THE MALCOLM BALDRIGE NATIONAL QUALITY AWARD AND TO REVISE THE REPORTING OF PERFORMANCE MEASURES; TO AMEND SECTIONS 8-11-160 AND 8-11-165, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND THE MATTERS RELATING TO AGENCY HEAD SALARIES, SO AS TO REQUIRE JUSTIFICATION FOR AN AGENCY'S RECOMMENDATIONS TO THE COMMISSION BASED PRIMARILY ON THE AGENCY'S ANNUAL ACCOUNTABILITY REPORT, AND TO ELIMINATE THE EVERY THREE-YEAR REQUIREMENT FOR THE SALARY AND FRINGE BENEFIT SURVEY FOR AGENCY HEADS, SO AS TO REQUIRE THE SURVEY WHEN REQUESTED BY THE STATE BUDGET AND CONTROL BOARD AT THE RECOMMENDATION OF THE COMMISSION, AND TO ADD ADDITIONAL STAFF TO THE COMMISSION FROM EXISTING STAFF FROM THE GOVERNOR'S OFFICE, SENATE FINANCE COMMITTEE, AND HOUSE WAYS AND MEANS COMMITTEE; TO AMEND SECTION 56-1-2070, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO SUBSTITUTE "SOUTH CAROLINA MILITARY DEPARTMENT" FOR "NATIONAL GUARD", TO REVISE THE CIRCUMSTANCES IN WHICH MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 59-67-510 OF THE 1976 CODE, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR TRANSPORTATION IN CONNECTION WITH OFFICIAL

Printed Page 1035 . . . . . Tuesday, March 9, 1999

FUNCTIONS BY THE SOUTH CAROLINA MILITARY DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-115, SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES; TO AMEND SECTIONS 1-11-720 AND 9-1-10, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN AND DEFINITIONS FOR EMPLOYEE AND EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO MAKE ELIGIBLE LEGISLATIVE CAUCUS COMMITTEES AND THEIR EMPLOYEES FOR THESE BENEFITS.
Without Reference

S. 29 (Word version) -- Senators Martin, Mescher, Courson, Giese, Ryberg, Alexander, Drummond, Leatherman, O'Dell, Ravenel, Russell, J. Verne Smith, Wilson, Elliott, Waldrep, Leventis, Setzler, Hayes, Branton, Rankin and Fair: A JOINT RESOLUTION TO PROHIBIT DURING A SPECIFIED PERIOD THE CHARGING OF CERTAIN RECOUPMENT COMPONENTS BY MOTOR VEHICLE INSURERS IN EFFECTUATING INSURANCE RATES FOR DRIVERS HAVING DRIVING RECORDS DEVOID OF ANY POINTS, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO GIVE FULL EFFECT AND ENFORCEMENT TO THE PROVISIONS OF THIS JOINT RESOLUTION.
Referred to Committee on Labor, Commerce and Industry

S. 97 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-45 SO AS TO REQUIRE THE GENERAL ASSEMBLY ANNUALLY TO APPROPRIATE A STATE SALARY SUPPLEMENT FOR CORONERS, TO PROVIDE THE AMOUNT OF THE SUPPLEMENT AND THE METHOD OF ITS PAYMENT, AND TO PROVIDE THAT REDUCTIONS IN THE CORONER'S SALARY OR OFFICE BUDGET BY A COUNTY SHALL CAUSE A CORRESPONDING REDUCTION IN THE DISTRIBUTION DUE

Printed Page 1036 . . . . . Tuesday, March 9, 1999

THE COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT.
Referred to Committee on Ways and Means

S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
Referred to Committee on Judiciary

S. 264 (Word version) -- Senators Peeler and Giese: A BILL TO AMEND ACT 302 OF 1998 RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROVIDING PRODUCTS OR VOUCHERS FOR PRODUCTS FOR THE TREATMENT OF HEAD LICE FOR ELIGIBLE SCHOOL CHILDREN, SO AS TO REQUIRE IMPLEMENTATION OF THE ACT RATHER THAN HAVING IMPLEMENTATION CONTINGENT UPON FUNDING.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Referred to Committee on Judiciary

S. 357 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF

Printed Page 1037 . . . . . Tuesday, March 9, 1999

COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
On motion of Rep. KNOTTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 539 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.
Referred to Committee on Labor, Commerce and Industry

Printed Page 1038 . . . . . Tuesday, March 9, 1999

S. 540 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry

S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.
Rep. QUINN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harvin
Hawkins                Hayes                  Hines J.

Printed Page 1039 . . . . . Tuesday, March 9, 1999

Hines M.               Hinson                 Howard
Inabinett              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 9.

Fletcher Smith                    JoAnne Gilham
Andre Bauer                       Todd Rutherford
James E. Smith                    Joel Lourie
Kenneth Kennedy                   Ralph Canty
Anthony Harris                    James Harrison
Douglas Jennings                  Brenda Lee
David Mack

Total Present--118

LEAVE OF ABSENCE

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

Printed Page 1040 . . . . . Tuesday, March 9, 1999

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Marion F. McFarland of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number: H. 3158 (Word version)
Date: ADD:
03/09/99 SANDIFER

CO-SPONSOR ADDED

Bill Number: H. 3673 (Word version)
Date: ADD:
03/09/99 BARRETT

CO-SPONSOR REMOVED

Bill Number: H. 3646 (Word version)
Date: REMOVE:
03/09/99 WILKINS

Printed Page 1041 . . . . . Tuesday, March 9, 1999

CO-SPONSOR REMOVED

Bill Number: H. 3656 (Word version)
Date: REMOVE:
03/09/99 HINSON

S. 487 -- DEBATE ADJOURNED

Rep. STUART moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted:

S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3625 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF FORTY MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.

ORDERED TO THIRD READING

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

S. 322 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, RELATING TO THE

Printed Page 1042 . . . . . Tuesday, March 9, 1999

APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

H. 3427 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Rep. PARKS explained the Bill.

H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.
Rep. WILDER explained the Bill.

H. 3158 -- DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted:

H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith,

Printed Page 1043 . . . . . Tuesday, March 9, 1999

McMahand, Mack, Maddox, Riser, Simrill and Sandifer: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

H. 3153 -- POINT OF ORDER

The following Bill was taken up:

H. 3153 (Word version) -- Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Hinson, Govan, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales and Knotts: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and

Printed Page 1044 . . . . . Tuesday, March 9, 1999

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3120 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20322AFC99), which was adopted.
Amend the bill, as and if amended, in Section 23-3-620(A)(2), page 2, immediately after line 2, by inserting:
/ (c) a violent crime as defined in Section 16-1-60;/
so when amended, Section 23-3-620(A)(2) reads:
/ (2) a person convicted or adjudicated delinquent after June 30, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

(c) a violent crime as defined in Section 16-1-60; /
Amend the bill further, in Section 23-3-620(B)(2), page 2, immediately after line 27 by inserting:
/ (c) a violent crime as defined in 16-1-60; /
so when amended Section 23-3-620(B)(2) reads:
/ (2) a person convicted before July 1, 1999, and who was sentenced to and is serving a term of confinement on July 1, 1999, for:

(a) homicide;

(b) assault and battery committed against a child by a person sixteen years of age or older;

Printed Page 1045 . . . . . Tuesday, March 9, 1999

/SECTION ____. Section 23-3-700 of the 1976 Code, as added by Section 131B, Part II, Act 497 of 1994, is amended to read:

"Section 23-2-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement division shall begin analyzing DNA samples for crimes outlined in Section 23-3-620(A)(2)(c) no later than June 30, 2000."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.
The amendment was then adopted.

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

S. 463 -- AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 463 (Word version) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AT WHICH TIME PROCEDURES FOR RENEWAL AND BIENNIAL LICENSURE, PURSUANT TO TITLE 40, CHAPTER 11, TAKE EFFECT UNLESS OTHERWISE PROVIDED FOR IN REGULATION.

Reps. CATO, BAILEY, PHILLIPS, WOODRUM and BARFIELD proposed the following Amendment No. 1 (Doc Name \PSD\AMEND\7270AC99), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding any other provision of law, a license previously issued to a contractor with an expiration date of December 31, 1998, is valid until September 1, 1999. Licenses expiring December 31, 1998, must be renewed by April 1, 1999, or as otherwise provided in this joint resolution. A contractor not renewing a license before April 1, 1999, shall retain his old license group limitation until the license is renewed. Contractors may, from April 1, 1999 to September 1, 1999, renew licenses under the provisions of

Printed Page 1046 . . . . . Tuesday, March 9, 1999

Chapter 11, Title 40, to become effective April 1, 1999, without being subject to penalties for failure to renew under these provisions. After September 1, 1999, late renewal penalties must be applied in accordance with the provisions of Chapter 11, Title 40, in effect at that time.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.
The amendment was then adopted.

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

H. 3028 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3028 (Word version) -- Reps. Littlejohn, Simrill, Rodgers, Walker, McGee and Riser: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY A PERSON WHO IS LEGALLY BLIND AND TO DEFINE "LEGALLY BLIND".

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \DKA\AMEND\3268MM99), which was adopted.
Amend the bill, as and if amended, by inserting immediately after the enacting clause:
/ SECTION 1. Section 12-37-220(B)(37) is amended to read:

"(37) one personal motor vehicle owned or leased by a legal guardian of, and used to transport, a minor who is blind or required to use a wheelchair or a family member who has been adjudicated incompetent by reason of mental retardation ~~when the vehicle is used to transport the minor~~." /
Renumber sections to conform.
Amend title to conform.

Printed Page 1047 . . . . . Tuesday, March 9, 1999

Rep. KEEGAN explained the amendment.
The amendment was then adopted.

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

H. 3346 -- SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.

Rep. CAMPSEN proposed the following Amendment No.1 (Doc Name COUNCIL\PT\AMEND\1322DW99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Item (14), Section 5, Act 1595 of 1972, as last amended by Act 163 of 1995, is further amended to read:

/ "(14) The resident Charleston County Legislative Delegation shall set a tax levy ceiling to meet the necessary costs of:

(a) providing advisory and technical assistance to all appropriate groups such as legally constituted park, recreation, or playground commissions or other civic community groups;

(b) participating in facility development projects within those areas presently served by legally constituted recreation agencies but limited to land acquisition and facility construction where federal or state funds are used and further limited to participation at one-fourth of the total cost of the project;

(1) fishing facilities;

(2) historical preservation areas;

(3) marinas and boat landings;

(4) county parks;

Printed Page 1048 . . . . . Tuesday, March 9, 1999

(5) public beaches;

(6) golf facilities.

Prior to constructing or assuming ownership of a golf facility, the commission shall conduct or contract for a feasibility and marketing study or both on the need and cost for operating a golf facility. The study must be submitted to the County Council which must approve any plan to operate a golf facility prior to the district purchasing or assuming ownership, operation, or control of the facility. For the golf facility to be approved, its operation must be financially self-sustaining with no county millage required for its operation. The operation costs of the golf facility must include, but are not limited to acquisition and capital costs. Provided, however, that the authority conveyed in this sub-subitem. relating to golf facilities is limited to the provision, maintenance, or supervision of one golf facility which must be provided, maintained, and supervised in conjunction with a public institution of higher learning, as defined in Section 59-103-5 of the 1976 Code and located in Charleston County."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. CAMPSEN explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.

Printed Page 1049 . . . . . Tuesday, March 9, 1999

MOTION PERIOD

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

H. 3188 -- AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name \GGS\AMEND\22179CM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-1520 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-5-1520. ~~(a) General rule.~~ (A) No A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. ~~In every event~~ Speed must be so controlled ~~as may be necessary~~ to avoid colliding with ~~any~~ a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of ~~all persons~~ a person to use care.

~~(b) Maximum speed limits.~~ (B) Except when a special hazard exists that requires lower speed for compliance with ~~paragraph (a) of this section~~ subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

Printed Page 1050 . . . . . Tuesday, March 9, 1999

(1) ~~thirty miles an hour in any urban district~~ seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;

(3) fifty-five miles an hour in other locations or on other sections of highways ~~except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510~~ and unpaved roads are limited to the speed of forty miles an hour; and

(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.

(C) Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.

(E) The maximum speed limits set forth in this section may be altered ~~as authorized in~~ pursuant to Sections 56-5-1530 and 56-5-1540.

~~(c)~~ ~~When lower speeds required; penalties; citation for violating speed limits.~~ (F) The driver of ~~every~~ a vehicle shall drive, consistent with the requirements of ~~paragraph (a)~~ subsection (A), ~~drive~~ at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

~~(d) Any~~ (G) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

Printed Page 1051 . . . . . Tuesday, March 9, 1999

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

~~(e) Any~~ (H) A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

~~(f)~~ (I) In expending the funds credited to the state general fund from fines generated under subsection ~~(d)~~ (G), the department first shall consider the need for additional highway patrolmen."
SECTION 2. Section 56-5-1535 of the 1976 Code is amended to read:

"(A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(1) if a sign is posted at the beginning of the active work zone that states ~~"HIGHWAY~~ 'WORK ZONE ~~-- NO SPEEDING -- TWO HUNDRED DOLLAR~~ $200 FINE AND ~~THIRTY~~ 30 DAYS ~~IMPRISONMENT"~~ FOR SPEEDING';

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.

(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."

Printed Page 1052 . . . . . Tuesday, March 9, 1999

SECTION 3. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2) increases the limit within an urban district but not to more than ~~fifty-five~~ seventy miles an hour, ~~except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510~~; or"
SECTION 4. The 1976 Code is amended by adding:

"Section 56-5-616. The interstate system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
SECTION 5. The 1976 Code is amended by adding:

"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
SECTION 6. Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor. /
Amend title to conform.

The amendment was then adopted.

Rep. STUART proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9079SOM99), which was tabled.
Amend the bill, as and if amended, by striking items (2), (3), and (4) of Section 56-5-1520(G), as contained in SECTION 1, page 3188-3, beginning on line 10 and inserting:

/(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars; and

(3) ~~in excess of~~ fifteen miles an hour or more ~~but less than twenty-five miles an hour~~ above the posted limit by a fine of ~~not less than fifty~~ up to two hundred dollars, ~~nor more than seventy-five dollars and;~~ or the court may impose up to forty hours of community service.

~~(4)~~ ~~in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.~~ /
Renumber sections to conform.
Amend title to conform.

Printed Page 1053 . . . . . Tuesday, March 9, 1999

Rep. STUART explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.

Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\AMEND\22198CM99), which was tabled.
Amend the bill, as and if amended, Section 56-5-1520(B)(3) as contained in Section 1, by deleting / and / on line 11, page 3188-2.
Amend the bill further, Section 56-5-1520(B)(4), as contained in Section 1, by inserting before the / . / on line 16/ ; and

(5) a person under the age of eighteen must not be transported in the open bed of a pickup truck or on an open trailer at a speed greater than forty-five miles an hour /
Amend title to conform.

Rep. RICE explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised a Point of Order that Amendment No. 3 was not germane to the Bill in that the amendment dealt with seat belts and the Bill dealt with speed limits.

Speaker WILKINS stated that the amendment was germane to the Bill and overruled the Point of Order.

Rep. RICE continued speaking.
Rep. KENNEDY moved to table the amendment.

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

Yeas 72; Nays 38

Those who voted in the affirmative are:

Allison                Bailey                 Bales
Barfield               Battle                 Bauer
Bowers                 Breeland               Brown G.
Brown H.               Brown T.               Campsen
Canty                  Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Edge                   Fleming
Gilham                 Harris                 Harrison
Harvin                 Hawkins                Hayes

Printed Page 1054 . . . . . Tuesday, March 9, 1999

Hines J.               Hines M.               Hinson
Howard                 Jennings               Kennedy
Kirsh                  Knotts                 Koon
Lanford                Law                    Lee
Limehouse              Littlejohn             Lloyd
Lucas                  Martin                 McCraw
McLeod M.              McMahand               Meacham
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Riser                  Rutherford             Sharpe
Sheheen                Simrill                Smith F.
Smith J.               Smith R.               Townsend
Trotter                Webb                   Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--72

Those who voted in the negative are:

Allen                  Altman                 Barrett
Beck                   Brown J.               Carnell
Cotty                  Easterday              Emory
Gamble                 Govan                  Hamilton
Harrell                Inabinett              Keegan
Kelley                 Klauber                Leach
Lourie                 Maddox                 Mason
McGee                  McKay                  McLeod W.
Moody-Lawrence         Rice                   Robinson
Sandifer               Smith D.               Stille
Stuart                 Taylor                 Tripp
Vaughn                 Walker                 Whipper
Wilder                 Woodrum

Total--38

So, the amendment was tabled.

RECORD FOR VOTING

My voting console malfunctioned. It was my intent to vote no on the motion to table Amendment No. 3 to H. 3188.

Rep. James Smith

Printed Page 1055 . . . . . Tuesday, March 9, 1999

Rep. TOWNSEND moved that the House do now adjourn, which was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3665 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE ALISON RENEE LEE OF RICHLAND COUNTY, FORMERLY SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE, ON HER ELECTION TO THE BENCH OF THE CIRCUIT COURT FOR THE STATE OF SOUTH CAROLINA.

ADJOURNMENT

At 1:05 P.M. the House in accordance with the motion of Rep. NEILSON adjourned in memory of Bert Flowers of Darlington, to meet at 10:00 A.M. tomorrow.

***

This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.