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


Printed Page 480 . . . . . Wednesday, January 27, 1999

Wednesday, January 27, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Thank You, Lord God, for calling us into these unique places of service. We are grateful that You have given us the ability to work with minds and hands. We thank You for friends who rejoice with us in our joys, who cheer us in time of trouble, and who lighten our tasks when they become burdensome. Thank You for health of body and mind. Keep us faithful to You that neither prosperity or adversity may draw us from our God. Lord, teach us how to pray aright, giving us patience as we pray expectantly. To You, our God, we give all glory and honor. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Cynthia A. Burroughs Key, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 1713
Agency: Department of Education
Statutory Authority: 1976 Code Section 59-5-60
Parent-Oriented Education Programs
Received by Speaker of the House of Representatives January 20, 1994
Referred to House Committee on Education and Public Works
Legislative Review Expiration March 6, 1999
H   19990112   Committee Request Withdrawal

120 Day period tolled

19990126   Withdrawn and Resubmitted


Printed Page 481 . . . . . Wednesday, January 27, 1999

REPORTS OF STANDING COMMITTEE

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

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham and Littlejohn: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED,


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RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN

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CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Ordered for consideration tomorrow.

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

H. 3184 (Word version) -- Reps. Townsend and Robinson: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT A REGULATION NOT APPROVED OR DISAPPROVED WITHIN TWO YEARS OF BEING SUBMITTED FOR GENERAL ASSEMBLY REVIEW MUST BE REFILED BY THE PROMULGATING AGENCY AS A NEW REGULATION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.

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

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER


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AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.
Ordered for consideration tomorrow.

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

H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
Ordered for consideration tomorrow.

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

H. 3062 (Word version) -- Reps. Kirsh and Rodgers: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.
Ordered for consideration tomorrow.

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

H. 3181 (Word version) -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-125 SO AS TO PROVIDE THAT A PRISONER SHALL NOT


Printed Page 485 . . . . . Wednesday, January 27, 1999

INITIATE A CIVIL ACTION OR APPEAL A JUDGMENT UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-27-160 SO AS TO PROVIDE THAT A COMPLAINT FILED BY A PRISONER MUST CONTAIN HIS INMATE NUMBER; BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS CERTAIN CIVIL ACTIONS AGAINST A WITNESS OR VICTIM WHEN A PRISONER FAILS TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO REVISE THE TYPE OF CASES IN WHICH A PRISONER SHALL FORFEIT ALL OR PART OF HIS WORK, EDUCATION, OR GOOD CONDUCT CREDITS; AND TO AMEND SECTION 24-27-300, RELATING TO HOLDING A PRISONER IN CONTEMPT OF COURT, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PRISONER MAY BE HELD IN CONTEMPT OF COURT AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE INSURANCE RESERVE FUND SHALL MAINTAIN A DATA BASE OF PRISONERS WHO FILE CIVIL ACTIONS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 348 (Word version) --Senator Leatherman: A CONCURRENT RESOLUTION TO REMEMBER AND RECOGNIZE THE TREMENDOUS CONTRIBUTION OF THE LATE JAMES F. BYRNES TO HIS STATE, THE NATION, AND THE CAUSE OF WORLD PEACE AND, WITH GREAT ADMIRATION FOR HIS LIFE, WORK, AND QUIET EXAMPLE, AND WITH DEEP APPRECIATION FOR HIS LIVING LEGACY TO THE ORPHANED SONS AND DAUGHTERS OF HIS NATIVE STATE, THE JAMES F. BYRNES FOUNDATION, AND TO DECLARE JUNE 12, 1999, AS "JAMES F. BYRNES MEMORIAL DAY" IN HONOR OF THIS TRULY GOOD MAN AND THE DISTINGUISHED BYRNES SCHOLARS WHO SHARE AND CARRY ON HIS VISION FOR FAMILY, FOR EDUCATION, FOR SOUTH CAROLINA, FOR THE NATION, AN END TO WAR, AND FOR A WORLD AT PEACE.


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Whereas, James F. Byrnes was born May 2, 1879, in Charleston, left school early to work and help support his family due to his father having died before he was born, but studied and "read" the law under the close supervision of the late Judge James Aldrich and the late Daniel S. Henderson, Esquire. He was admitted to the South Carolina Bar in 1903, and thanks to his mother requiring that he learn shorthand at an early age, entered public life as a court reporter for the Second Circuit from 1900 to 1908, and as Solicitor for the Second Circuit from 1908 to 1910; and

Whereas, in 1911, James F. Byrnes, a Democrat, was elected to the United States House of Representatives, where he served until 1925. Of that election, he once recalled, "I campaigned on nothing but gall, and gall won by fifty-seven votes". In 1930, he was elected to the United States Senate. There he was highly respected by his colleagues and served until 1941. As a United States Senator he was instrumental in alleviating much of the pain and economic suffering resulting from the great depression by supporting and helping to push many of President Franklin D. Roosevelt's "New Deal" measures through the Congress; and

Whereas, in 1941, James F. Byrnes was appointed to the United States Supreme Court by President Roosevelt and was sworn in as an Associate Justice on July 7, 1941. He is remembered for his judicial philosophy as expressed in his own words, "My belief is that it is the duty of a judge to declare what is the law and not what he thinks the law should be". Although his tenure on the Supreme Court was brief, he influenced several Supreme Court decisions. Mr. Byrnes wrote approximately sixteen decisions during his fifteen-month term as an Associate Justice and was often elected to write the formal opinion of a group of allied court members; and

Whereas, during World War II, on October 3, 1942, President Roosevelt requested that Mr. Byrnes take a leave of absence from the Supreme Court to serve as the Director of Economic Stabilization. Mr. Byrnes resigned, leaving behind the associates, security, and prestige of the Supreme Court in order to prevent the appearance of a conflict of interest between the executive and judicial branches of government, in order to serve wherever the President deemed he could serve best; and


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Whereas, as the Director of Economic Stabilization in 1943 and 1944, during which he became popularly known as the "Assistant President" because of his close and trusted association with President Roosevelt, Mr. Byrnes' major concern was the control of prices, rents, wages, and services. He oversaw virtually every aspect of the nation's economy, from regulating farm wages and food production to the sale of shoes, to assure the armed forces fighting overseas were sufficiently equipped and to curtail those who sought to profit from the war effort. As head of the Office for War Mobilization in 1944 and 1945, all of the agencies concerned with production, procurement, transportation, and distribution of both civilian and military aspects of the war effort were governed and directed by the "Assistant President", Mr. Byrnes. Later, as Director of War Mobilization and Reconversion in 1945 to 1947, Mr. Byrnes traveled to Yalta to participate in the first Big Three Conference between Roosevelt, Churchill, and Stalin, was heavily involved in developing foreign policy for the post-war years, and developed many friendships with foreign leaders that inured to the benefit of the country; and

Whereas, resigning from his war posts in April 1945, Mr. Byrnes returned home to Spartanburg to resume his law practice. Shortly thereafter, President Roosevelt died in Warm Springs, Georgia, and President Truman asked Mr. Byrnes to be his Secretary of State. On July 3, 1945, Mr. Byrnes was sworn into office as Secretary of State and, in addition to his responsibilities in creating and carrying out foreign policy, Mr. Byrnes set out to assure the people of Germany and her allies that they would be allowed to choose their own forms of government. On September 6, 1946, Mr. Byrnes delivered his famous "Speech of Hope" in Stuttgart, Germany, committing American forces to Europe for as long as other occupying powers remained in Germany, and holding out to the German people the prospect of eventual prosperity and an honorable return to the community of nations. He was committed to establishing the United Nations as an effective peacekeeping body and was both instrumental and indispensable in all the postwar peace conferences: the Big Three Meeting at Potsdam, the meetings of the Foreign Ministers Council in London and Moscow, the United Nations General Assembly in London, the Big Four Meetings and the 21-Nation Peace Conference in Paris. He had been advised by his doctors to retire in April of 1946, but President Truman persuaded him to remain in office until all peace treaties resulting from World War II were signed; and


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Whereas, after signing peace treaties with five nations following World War II, Mr. Byrnes resigned as Secretary of State in January, 1947, having done much to establish peace, and the means for maintaining peace, throughout the world. Mr. Byrnes once again returned to private life and his law practice in Spartanburg. His book, Speaking Frankly, was published in 1947. In 1948, he established the James F. Byrnes Foundation to assist South Carolina students who had lost one or both parents finance a college education. The first five-hundred dollar scholarship from the Byrnes Foundation was given out in 1949 from the proceeds of this book. More than 880 James F. Byrnes Scholarships have been awarded since 1949, and the foundation continues to be financed with the proceeds of Speaking Frankly and All In One Lifetime, published in 1958, and contributions from friends and admirers of Mr. and Mrs. Byrnes. Recipients of foundation scholarships formed a separate voluntary organization in 1964, the Byrnes Scholars, to function as a supporting arm to the foundation. The foundation completed a five-year Living Memorial campaign in 1995 in which former scholarship recipients contributed two hundred fifty thousand dollars for use towards Byrnes Foundation scholarships. The annual stipend now stands at two thousand five hundred dollars, and there are currently seventy Byrnes Scholars attending the colleges of their choice; and

Whereas, in June 1950, Mr. Byrnes won the Democratic primary for the office of Governor of South Carolina, had no opposition in the general election, and was inaugurated as Governor on January 16, 1951. Believing, as he said, "You cannot lift the State economically without raising the education level of people", his primary focus was on improving public education. His "education revolution" included a three percent sales tax and a seventy-five million dollar bond issue dedicated to building better public school facilities for all. Equally dedicated to improving the state's colleges and universities, he proposed, and the legislature agreed, that a 1953 funding surplus be allotted to institutions of higher learning. Other goals during his term as Governor included improvements to state mental health facilities, the establishment of a school for mentally handicapped children, and attracting new industries to the State. While Governor, in 1953, he also served as United States Delegate to the United Nations. Mr. Byrnes' term as Governor ended on January 18, 1955, after which he retired from public life. Thus ended a distinguished and unmatched career of unparalled public service that all began with a mother's love, shorthand


Printed Page 489 . . . . . Wednesday, January 27, 1999

in lieu of a formal education, grit, determination, and hard work, a wonderful wife named Maude, just enough gall, fifty-seven votes, and the courage, character, personality, and vision of Mr. James F. Byrnes; and

Whereas, the distinguished James F. Byrnes, departed this life on April 9, 1972, in faith and fear of the gracious God who gave him life, and is buried at Trinity Cathedral in Columbia across from the State House. A statue was erected in his honor on the State House grounds on the corner across from the cathedral. He was one of the greatest statesmen in American history, a gentleman and a patriot whose life's work was duty and service to others, and one whose memory remains as a guiding light and example to us all; and

Whereas, June 12, 1999, is the fiftieth anniversary of the James F. Byrnes Foundation, the living legacy of "Mom" and "Pop" Byrnes to the orphaned sons and daughters of their native state who, "United by Loss - Bound by Love", constitute the renowned and distinguished family of Byrnes Scholars. Now, therefore,

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

That the members of the General Assembly, by this resolution, remember and recognize the tremendous contribution of the late James F. Byrnes to his State, the nation, and the cause of world peace and, with great admiration for his life, work, and quiet example, and with deep appreciation for his living legacy to the orphaned sons and daughters of his native State, the James F. Byrnes Foundation, and declare June 12, 1999, as "James F. Byrnes Memorial Day" in honor of this truly good man and the distinguished Byrnes Scholars who share and carry on his vision for family, for education, for South Carolina, for the nation, an end to war, and for a world at peace.

Be it further resolved that a copy of this resolution be sent to the James F. Byrnes Scholars Alumni Board, and to the Board of Directors of the James F. Byrnes Foundation.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 378 (Word version) --Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAYS 162 AND 165 IN HOLLYWOOD IN HONOR OF MR. HERBERT GADSON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

S. 380 (Word version) --Senator Land: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 26, 1999, AS "SENIOR CITIZENS SUMMIT DAY 1999" IN SOUTH CAROLINA IN RECOGNITION OF THE OUTSTANDING ENDEAVOR OF THE YOUNG LAWYERS DIVISION OF THE SOUTH CAROLINA BAR TO EDUCATE SENIOR CITIZENS ON CERTAIN IMPORTANT ISSUES.
Whereas, the Young Lawyers Division of the South Carolina Bar is sponsoring senior citizens summits across the Palmetto State on February 26, 1999; these summits are designed to educate senior citizens on a number of important topics including, among others, medicine, nutrition, wills, and estates; these summits are scheduled to be held in Charleston, Manning, Columbia, Greenville, and Hilton Head; and

Whereas, this undertaking by the Young Lawyers Division is highly worthwhile and beneficial to older South Carolinians and is certain to generate much well-deserved interest and attendance. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates February 26, 1999, as "Senior Citizens Summit Day 1999" in South Carolina in recognition of the outstanding endeavor of the Young Lawyers Division of the South Carolina Bar to educate senior citizens on certain important issues.


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Be it further resolved that a copy of this resolution be forwarded to the Young Lawyers Division of the South Carolina Bar.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

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

S. 408 (Word version) --Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 10, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1999; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, CHIEF JUDGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1999.
Be it resolved by the Senate, the House of Representatives concurring:


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That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 10, 1999, at 12:00 noon to elect a successor to the Honorable Carol Connor of the Court of Appeals, Seat 1, whose term expires June 30, 1999; to elect a successor to the Honorable William L. Howard of the Court of Appeals, Seat 2, whose term expires on June 30, 1999; to elect a successor to the Honorable Don S. Rushing of the Sixth Judicial Circuit, Seat 1, whose term expired June 30, 1998; to elect a successor to the Honorable Paula H. Thomas of the Circuit Court, At-Large Seat 1, whose unexpired term expires June 30, 2003; to elect a successor to the Honorable H. Dean Hall of the Circuit Court, At-Large Seat 7, whose unexpired term expires June 30, 2003; to elect a successor to the Honorable John W. Kittredge of the Circuit Court, At-Large Seat 11, whose unexpired term expires June 30, 2002; to elect a successor to the Honorable Wesley L. Brown of the Family Court of the Seventh Judicial Circuit, Seat 3, whose term expired June 30, 1998; to elect a successor to the Honorable Wyatt T. Saunders, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 2001; to elect a successor to the Honorable Lee S. Alford of the Family Court of the Sixteenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 2001; and to elect a successor to the Honorable Marvin F. Kittrell of the Administrative Law Judge Division, Seat 1, whose term expires June 30, 1999.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

The following was introduced:

H. 3364 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE STATE OF SOUTH CAROLINA FOR THOMPSON DENTAL COMPANY'S ONE HUNDRED YEARS OF COMMITMENT TO THE SUPPORT OF THE PRACTICE AND ART OF DENTISTRY, AND RECOGNIZING ITS GENERATIONS OF LEADERSHIP IN AND CONTRIBUTIONS TO


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THE HEALTH OF THIS STATE'S CITIZENS AND ITS ECONOMY.
The Resolution was adopted.

INTRODUCTION OF BILLS

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

S. 36 (Word version) --Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
Referred to Committee on Judiciary

S. 65 (Word version) --Senators Hayes, Elliott and Setzler: 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.
Referred to Committee on Judiciary

S. 109 (Word version) --Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.
Referred to Committee on Judiciary

S. 129 (Word version) --Senator McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO


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RENAME JOHNS ISLAND 5A VOTING PRECINCT TO KIAWAH ISLAND VOTING PRECINCT.
Referred to Committee on Charleston Delegation

S. 247 (Word version) --Senators Leatherman, McGill and Elliott: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
Referred to Committee on Florence Delegation

S. 355 (Word version) --Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9" AND TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT SUCH SIGNS AS APPROPRIATE FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9."
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3365 (Word version) -- Reps. Young-Brickell, Lourie, J. Smith, Bailey, Seithel, Lucas, Meacham, Chellis, Stuart, Spearman, Gamble, Hinson, Rodgers, Gilham, Martin and Lee: A BILL TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS AND TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE


Printed Page 495 . . . . . Wednesday, January 27, 1999

RELEASE OF DEFENDANTS, SO AS TO AUTHORIZE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
Referred to Committee on Judiciary

H. 3366 (Word version) -- Rep. Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO ENACT THE "MANDATORY PARENTING PLAN ACT" WHICH REQUIRES EACH PARTY IN AN ACTION FOR DIVORCE FROM THE BONDS OF MATRIMONY OR FOR SEPARATE SUPPORT AND MAINTENANCE OR LEGAL SEPARATION, WHERE THE CUSTODY, VISITATION, OR SUPPORT OF A MINOR CHILD IS AN ISSUE, TO FILE A PARENTING PLAN WITHIN NINETY DAYS OF FILING THE COMPLAINT.
Referred to Committee on Judiciary

H. 3367 (Word version) -- Reps. Knotts, Inabinett, Clyburn and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED; AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.
Referred to Committee on Judiciary

H. 3368 (Word version) -- Reps. Inabinett, Moody-Lawrence, Neal, Mack, Clyburn, M. Hines, Phillips, Seithel, Davenport, Lee, Hayes, Scott, Whipper and Harvin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL SEXUAL ASSAULT AND HARASSMENT INFORMATION ACT" WHICH REQUIRES THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND THE SCHOOL DISTRICTS OF THIS STATE TO IMPLEMENT


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POLICIES AND PRACTICES TO PROVIDE TO STUDENTS AT THEIR LEVEL OF UNDERSTANDING WITH PREVENTION INFORMATION REGARDING, AND REMEDIES FOR SEXUAL ASSAULT AND HARASSMENT ON SCHOOL CAMPUSES AND AT SCHOOL-SPONSORED FUNCTIONS AWAY FROM SCHOOL CAMPUSES.
Referred to Committee on Education and Public Works

H. 3369 (Word version) -- Reps. Inabinett, Bales, Hayes, Lanford, J. Brown, M. Hines, Scott, Altman, Rodgers, Clyburn, Gourdine, Sandifer, Campsen, Lee, Neal, Phillips, Moody-Lawrence, Harvin, Knotts, Whatley, Gilham, Chellis, Allen, Whipper, Seithel and Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 2000, MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; TO AMEND SECTION 8, ARTICLE III, RELATING TO ELECTION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE BE ELECTED EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; AND TO AMEND SECTION 6, ARTICLE III, RELATING TO ELECTION OF THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 2000, MEMBERS OF THE SENATE BE ELECTED EVERY SIXTH INSTEAD OF EVERY FOURTH YEAR.
Referred to Committee on Judiciary

H. 3370 (Word version) -- Reps. Inabinett, Lloyd, Kennedy, Gourdine, F. Smith, Cave, M. Hines, Breeland, Govan, Mack, Whipper, Maddox, McGee, J. Brown, Scott, McMahand, Allen and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE THAT ALL REPLACEMENT OR NEW SCHOOL BUSES BE EQUIPPED WITH APPROVED SAFETY BELTS AND TO PROVIDE A PERIOD OF TIME FOR ALL SCHOOL BUSES TO BE EQUIPPED WITH APPROVED SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO DELETE THE EXCEPTION FOR SCHOOL BUSES.
Referred to Committee on Education and Public Works


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H. 3371 (Word version) -- Reps. Barrett, Woodrum, Sandifer, Davenport, Lanford, Simrill, Littlejohn, Leach, Cato, Vaughn, Martin, Tripp, Trotter, Loftis, Hamilton, Law, Rice and Stille: A BILL TO AMEND SECTION 15-36-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO FURTHER PROVIDE FOR LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS; TO AMEND SECTION 15-36-20, RELATING TO FINDINGS OF A PROPER PURPOSE FOR ACTION, SO AS TO PROVIDE WHEN A PROPER PURPOSE MAY NOT BE FOUND; TO AMEND SECTION 15-36-40, RELATING TO AN AGGRIEVED PERSON'S BURDEN OF PROOF AFTER A FRIVOLOUS SUIT, SO AS TO PROVIDE WHEN THE BURDEN OF PROOF HAS BEEN MET; AND TO AMEND SECTION 15-37-20, RELATING TO COSTS ALLOWED TO A SUCCESSFUL PARTY, SO AS TO PROVIDE THAT ANY PERSON BRINGING OR DEFENDING A CIVIL ACTION IN THE COURT OF COMMON PLEAS MUST PAY THE ATTORNEY'S FEES AND COSTS OF THE PREVAILING PARTY.
Referred to Committee on Judiciary

H. 3372 (Word version) -- Reps. Bales, F. Smith, Breeland, Neal, Hayes, J. Brown, Lloyd, Allen, Pinckney, W. McLeod, Scott, Rutherford and Bauer: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES; AND TO AMEND SECTION 12-37-2640, RELATING TO THE DETERMINATION OF VALUE OF MOTOR VEHICLES AND MINIMUM AND MAXIMUM ASSESSED VALUES FOR CERTAIN MOTOR VEHICLES, SO AS TO CONFORM THE SECTION TO THE ADDITIONAL EXEMPTIONS ADDED BY THIS ACT.
Referred to Committee on Ways and Means

H. 3373 (Word version) -- Reps. Bales, Scott, Hayes and J. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA SUPREME COURT TO DEVELOP AND IMPLEMENT A PILOT PROJECT, WHICH WILL BEGIN JULY 1, 1999, AND END JUNE 30, 2001, AND TO BE CONDUCTED IN TWO JUDICIAL CIRCUITS WHICH


Printed Page 498 . . . . . Wednesday, January 27, 1999

THE COURT SELECTS, TO TRANSFER THE JURISDICTION OVER CERTAIN OFFENSES COMMITTED BY JUVENILES ON SCHOOL GROUNDS OR AT SCHOOL-SPONSORED EVENTS FROM THE FAMILY COURTS OF THOSE CIRCUITS TO THE MAGISTRATES' COURTS AND TO REQUIRE THE SUPREME COURT TO REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THE FINDINGS OF THIS PILOT PROJECT BY DECEMBER 31, 2001.
Referred to Committee on Judiciary

H. 3374 (Word version) -- Reps. Fleming, Knotts, Bauer and Koon: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO REDUCE THE SIZE LIMIT ON STRIPED BASS FROM TWENTY-ONE INCHES TO EIGHTEEN INCHES DURING THE MONTHS OF JUNE, JULY, AUGUST, AND SEPTEMBER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3375 (Word version) -- Reps. Fleming, McGee, McKay, H. Brown, Altman, J. Smith, Delleney, Spearman, Hawkins, Klauber, Harrison, Maddox, D. Smith, F. Smith, Harris and Whipper: A BILL TO AMEND SECTION 17-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER CORPORATIONS IN COUNTIES, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE DEFENDER CORPORATION IS NOT LIABLE FOR A LOSS RESULTING FROM AN ACT OR OMISSION OF A PUBLIC DEFENDER OR OTHER EMPLOYEE OF THE CORPORATION IF THE DEFENDER OR OTHER EMPLOYEE ACTED WITHIN THE SCOPE OF HIS OFFICIAL DUTIES AND IN GOOD FAITH.
Referred to Committee on Judiciary

H. 3376 (Word version) -- Reps. Wilder, Cave, Stille, Neal and Hayes: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM,


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SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" A STUDENT EMPLOYED IN A STATE COLLEGE, UNIVERSITY, OR EDUCATIONAL INSTITUTION OF HIGHER LEARNING AT WHICH THE STUDENT IS ENROLLED.
Referred to Committee on Education and Public Works

H. 3377 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO EXEMPT THE EMPLOYEES OF ELECTED OFFICIALS FROM COUNTY PERSONNEL SYSTEM POLICIES AND PROCEDURES REGULATIONS.
Referred to Committee on Judiciary

H. 3378 (Word version) -- Reps. Kirsh and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD.
Referred to Committee on Education and Public Works

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 and Woodrum: 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


Printed Page 500 . . . . . Wednesday, January 27, 1999

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 JANUARY 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 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

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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.
Referred to Committee on Judiciary

H. 3380 (Word version) -- Reps. Moody-Lawrence, Cobb-Hunter, Breeland, Hayes, Martin, McMahand and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-57 SO AS TO PROVIDE THAT AN OWNER OF A PISTOL MUST MAINTAIN IT IN A LOCKED COMPARTMENT OR HAVE A TRIGGER LOCK PLACED ON IT WHEN THE PISTOL IS NOT BEING USED, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary

H. 3381 (Word version) -- Reps. Moody-Lawrence, Breeland, Lee, Inabinett, McMahand, F. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-485 SO AS TO PROVIDE THAT A SCHOOL BUS TRANSPORTING CERTAIN STUDENTS MUST HAVE A SCHOOL BUS MONITOR ON BOARD AND TO PROVIDE THAT A SCHOOL BUS MONITOR MUST BE A LICENSED DRIVER AND BE PAID AT LEAST MINIMUM WAGE.
Referred to Committee on Education and Public Works

H. 3382 (Word version) -- Reps. Moody-Lawrence, Rutherford, Howard, W. McLeod, Canty, J. Hines, Gourdine, Mack, Whipper, F. Smith, Breeland, Cobb-Hunter, Ott, Martin, McGee, Clyburn, Inabinett, Lloyd, Kennedy, Cave, Wilkes, Jennings, T. Brown, Lee, McMahand,


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Pinckney, Harvin, M. Hines, Hayes and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345 SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS, TO PROVIDE FOR THE COURSE CONTENT, TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT A STUDY AND REPORT TO THE GENERAL ASSEMBLY ON DEVELOPING A SIMILAR COURSE FOR MEN.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3383 (Word version) -- Reps. Vaughn, Rice and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY CONSISTING OF PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES, AS DEFINED BY LAW, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT SET BY THE GOVERNING BODY OF EACH PROPERTY TAXING ENTITY IN A COUNTY.
Referred to Committee on Ways and Means

H. 3384 (Word version) -- Reps. Stille, Hayes, G. Brown, Bales and Wilder: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE RETIREMENT SYSTEMS BY ADDING CHAPTER 19 SO AS TO ENACT THE PUBLIC EMPLOYEES' DEFINED CONTRIBUTION RETIREMENT PLAN AND PROVIDE FOR ITS MEMBERSHIP, OPERATIONS, AND ADMINISTRATION.
Referred to Committee on Ways and Means


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H. 3385 (Word version) -- Reps. Stille, Inabinett, Barrett, Battle, Altman, Hayes, Tripp, Sandifer, Vaughn, Wilder and Davenport: 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 1999", WHICH PROVIDES PROCEDURES WHICH GRANT TO PERSONS WHO HAVE SUED TO RECOVER CERTAIN DEBTS OR 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.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

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

H. 3387 (Word version) -- Reps. Allison, Martin and Easterday: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", WENDY WILLIS OF CAMDEN, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1999 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR STATEWIDE AND COMMUNITY


Printed Page 504 . . . . . Wednesday, January 27, 1999

SERVICE AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON WEDNESDAY, APRIL 7, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That our current "Miss South Carolina," Wendy Willis of Camden, and all of the contestants competing in the 1999 Miss South Carolina Pageant are extended the privilege of the floor of the House of Representatives for the purpose of being recognized for their statewide and community service and congratulated on the special occasion of "Miss South Carolina Appreciation Day" on Wednesday, April 7, 1999, at a time to be determined by the Speaker.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3388 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION RECOGNIZING THE TWENTY YEARS OF SERVICE OF THE LATE ROBERT LEE WEBB, NATIVE OF PENDLETON, SOUTH CAROLINA, IN THE UNITED STATES ARMY, BEGINNING WITH HIS ASSIGNMENT TO THE 307TH CHEMICAL SMOKE GENERATOR COMPANY IN GREENVILLE,


Printed Page 505 . . . . . Wednesday, January 27, 1999

SOUTH CAROLINA, THE ONLY REMAINING ALL-BLACK RESERVE UNIT IN THE NATION.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3389 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION RECOGNIZING THE THIRTY YEARS OF SERVICE OF GEORGE ALTON SANDERS, NATIVE OF PENDLETON, SOUTH CAROLINA, IN THE UNITED STATES ARMY, BEGINNING WITH HIS ASSIGNMENT TO THE 307TH CHEMICAL SMOKE GENERATOR COMPANY IN GREENVILLE, SOUTH CAROLINA, THE ONLY REMAINING ALL-BLACK RESERVE UNIT IN THE NATION.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3390 (Word version) -- Rep. Govan: A HOUSE RESOLUTION TO EXPRESS THE BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE REVEREND EDDIE DEAS III, OF ORANGEBURG, AS HE LEAVES ST. LUKE PRESBYTERIAN CHURCH (USA) IN ORANGEBURG TO ASSUME A NEW


Printed Page 506 . . . . . Wednesday, January 27, 1999

PASTORATE AT THE COMMUNITY PRESBYTERIAN CHURCH OF PORTSMOUTH, VIRGINIA, AND TO THANK HIM FOR HIS OUTSTANDING CONTRIBUTIONS TO THE ORANGEBURG COMMUNITY.
The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   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                Rutherford
Sandifer               Scott                  Seithel

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Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Spearman               Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   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 Wednesday, January 27.

Jerry Govan                         Ralph Canty

Total Present -- 122

DOCTOR OF THE DAY

Announcement was made that Dr. Patrick Kelly of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."


Printed Page 508 . . . . . Wednesday, January 27, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3286 (Word version)
Date:     ADD:
01/27/99   RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   LUCAS

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   KEEGAN

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   GILHAM


Printed Page 509 . . . . . Wednesday, January 27, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   BARRETT

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   INABINETT

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   D. SMITH


Printed Page 510 . . . . . Wednesday, January 27, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   MCKAY

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:     ADD:
01/27/99   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3357 (Word version)
Date:     ADD:
01/27/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3358 (Word version)
Date:     ADD:
01/27/99   HAYES


Printed Page 511 . . . . . Wednesday, January 27, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
01/27/99   BARRETT

CO-SPONSOR ADDED

Bill Number:   H. 3356 (Word version)
Date:     ADD:
01/27/99   SANDIFER

ORDERED TO THIRD READING

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

H. 3350 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.

H. 3362 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

SENT TO THE SENATE

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

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer,


Printed Page 512 . . . . . Wednesday, January 27, 1999

Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield, Lee, Law and Martin: A JOINT RESOLUTION 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 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

H. 3155 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

H. 3156 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe, Haskins, D. Smith, Harrell, Edge, Robinson, Campsen, Gilham, Bowers, Miller, Battle, Clyburn, Whipper, Gourdine, Wilder, Neilson, Kirsh, Harvin, J. Smith, Emory, Lourie, Inabinett, Parks, Stille, Jennings, J. Hines, Rhoad, Rutherford, Bales, Ott, Bailey, Hayes, Moody-Lawrence, W. McLeod, F. Smith, Wilkes and Rice: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL


Printed Page 513 . . . . . Wednesday, January 27, 1999

ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee,


Printed Page 514 . . . . . Wednesday, January 27, 1999

Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Edge, Robinson, Emory, McCraw and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

H. 3002--OBJECTIONS AND REQUESTS FOR DEBATE WITHDRAWN

Reps. SCOTT and BALES withdrew their requests for debate on H. 3002, however, other requests for debate remained on the Bill.

H. 3302--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. EASTERDAY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 3302 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.

H. 3341--RECALLED FROM COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE


Printed Page 515 . . . . . Wednesday, January 27, 1999

NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

MOTION PERIOD

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

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

ADJOURNMENT

At 2:35 P.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of Cynthia A. Burroughs Key, to meet at 10:00 A.M. tomorrow.

***

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