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:

God of all knowledge and understanding, solemnize us in knowing that beyond the appraisal of men regarding what is done and said here falls upon us the searching light of God's judgment. Save us from mistakenly believing that we can escape the all seeing eye of God and thus escape His judgment. Give us to understand the vanity of allowing so many things we hold dear as to allow these to hide from us the glory of the Eternal. Make us as fair and hard and stern with ourselves as we are of others.

Remain with us this day and always. 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.

Rep. HARVIN moved that when the House adjourns, it adjourn in memory of Charlie Dorn Smith of Turbeville, which was agreed to.

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

February 25, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

The Conservation Policy Initiative would like to invite the entire S.C. House of Representatives to a legislative breakfast that we are having at the Capitol City Club, Affinity Building, on March 25, 1999, at 8:00 A.M.

Please let me know if you need any more information.

Sincerely,
Rebecca Ramos
Conservation Director

January 29, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

For thirty-nine years now a group of men from the Columbia area have sponsored the S.C. State Prayer Breakfast. The purpose of this breakfast is to meet and pray for state and national leaders. This year it will be held March 31, 1999, at 7:45 A.M. at the Embassy Suites Hotel in Columbia.

We respectfully request that this event be placed on the calendar for the House of Representatives. Each Representative will receive a personal invitation at a later date.

Your cooperation with and participation in this event is much appreciated.

Sincerely,
C. Tommy Young, Chairman
S.C. Prayer Breakfast Committee

June 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to a reception on Tuesday, April 6, 1999, from 6:00 P.M. until 8:00 P.M. The reception will be held at The Capital City Club located in the Affinity Building in Columbia, SC. Please call us at (803) 798-0670 if you have any questions.

Sincerely,
Roger Crook
President

January 29, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Association of Nurse Anesthetists, we respectfully request to invite the members of the S.C. House of Representatives to our breakfast drop-in on Wednesday, April 7, 1999, 8:30-10:30 A.M. in Room 221 of the Blatt House Office Building.

Sincerely,
Claudia Rogers
President

December 15, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

We extend an invitation to the House for lunch in Room 202 in the Blatt Building on Wednesday, April 7th, 1999, between 12:30 and 2:00 P.M. Please publish this invitation to all the Representatives.
Thank you for your assistance. I am,

Sincerely,
Faye H. Smith
President, S.C. Association of Cosmetology Schools

February 25, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on April 7, 1999, at 6:00 P.M. at the Woman's Club, 1703 Blossom Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.

I would appreciate your reserving this date on the House calendar and notifying me upon confirmation of this date. Should you need additional information, please contact me at the Association office.

Thank you for your assistance.

Sincerely yours,
E. Anne Gillespie
Senior Vice President

September 3, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annua1 Bird Supper. This will be our twenty-eighth quail dinner for the legislature and other public officials.

The Bird Supper will be held on Tuesday, April 13, 1999, at the South End Zone, located in Williams-Brice Stadium, Columbia, South Carolina. Cocktails will be served at 6:30 P.M. and dinner at 7:15 P.M.

We appreciate this opportunity to meet with our elected officials and express our concerns.

Sincerely
Colin R. Campbell, President

February 23, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The S.C. State Firemen's Association and the S.C. Department of Labor, Licensing and Regulation would like to cordially invite the members of the General Assembly to a luncheon on April 14, 1999, from 12:00 Noon until 2:00 P.M. This luncheon will be located on the grounds of the Capitol Complex in front of the Brown Building.

If you need any further information, please feel free to contact me at 732-5188 or my pager at 1-800-202-6327. Thank you for your cooperation.

Sincerely,
James W. Bowie

February 23, 1999
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn.

We have finalized the reservations for the location of our annual appreciation social and catfish dinner scheduled for 6:00 to 8:30 P.M. on Wednesday, April 14, 1999, for all members of the South Carolina General Assembly and their staff. The event will be held at The Woman's Club of Columbia located at 1703 Blossom Street in Columbia.

Please add the location to the event which has already been confirmed on the legislative calendar. If you need further information,

Sincerely,
John W. Kelly
Vice President, Clemson University

December 10, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

This letter is to extend an invitation to all members of the South Carolina House of Representatives to attend a legislative breakfast reception on Thursday, April 15, 1999. This will be held from 8:30 A.M. until 9:45 A.M. at the Adams Mark Hotel.

The South Carolina Victims Assistance Network (SCVAN) appreciates your committee scheduling this breakfast for the members of the House of Representatives.

Enclosed please find information report for legislative functions. Should you need additional information, please contact me at 803-734-3740.

Sincerely,
Sandi S. Wofford
Legislative Chairman

July 30, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Annually, the South Carolina School Boards Association, the South Carolina Chamber of Commerce and the Office of the Governor co-sponsor the Governor's Conference on Education. This meeting has been held for approximately 39 years and is the largest educational meeting held annually with an audience of approximately 700.

The 1999 Governor's Conference is scheduled for Tuesday, April 20 at the Sheraton Hotel in Columbia. The conference begins at 5 P.M. with several nationally known speakers making presentations. The Legislative Banquet begins at 7:30 P.M. We anticipate the banquet concluding at 9 P.M.

It is my understanding you are holding this date for our Conference. We look forward to your official confirmation. We invite the members of the House and their spouses to the entire conference but particularly hope they can join us for the Legislative Banquet.

Sincerely,
Jeannie M. (Sissy) Henry
Deputy Executive Director

April 30, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

April 18-24, 1999, will be South Carolina Golf Week for our great golfing state. Golf Week is sponsored by the South Carolina Golf Association and the South Carolina Junior Golf Association. It will be a week to showcase the game with an emphasis on the economic impact that golf has on our State. South Carolina is now the number one golf destination in the United States which helps golf operations in South Carolina generate well over 5 million dollars in admissions taxes each year. Additionally, the golf industry in South Carolina has an overall impact of over 1.5 billion dollars in our State. You can see how important this industry is to our State.

Rick, the South Carolina Junior Golf Association would like to extend an invitation to the members of the House of Representatives and their staff to join us for a "Celebration of Golf" reception. The reception will be held on Wednesday, April 21, 1999, from 6:00-8:00 P.M. (place to be determined). Also, our Legislative Classic Golf Tournament is scheduled for Thursday, April 22, 1999, at 1:30 P.M. We have plans for two days of fun and hope that you will add these dates to the 1999 calendar.

We are certainly looking forward to South Carolina Golf Week and the chance to increase awareness of the importance of the golf industry

If you need any additional information, please feel free to call my office at 732-9311.

Sincerely,
Sheay K. Noel
Director of Development SCJGA

August 6, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Association of Municipal Power Systems would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, April 28, 1999, from 6:00 p.m. to 8:00 p.m. at the Swine Barn on the State Fairgrounds.

Thanks for your assistance in this matter. If you have any questions, please call Nancy Walborn, Conference Manager for the Municipal Association of South Carolina at 933-1205.

Sincerely,
Tony E. Farr
Greer CPW President

Document No. 2229
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-16-50
Non-Indigenous Shrimp
Received by Speaker of the House of Representatives January 13, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3622 (Word version) -- Reps. Stille, Barfield, Leach, Walker, Keegan, Sandifer, Chellis, Rodgers, Klauber and Gilham: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO AMEND THE SOCIAL SECURITY ACT SO AS TO ALLOW THE ISSUANCE OF WAIVERS TO THE SEVERAL STATES PERMITTING THE DESIGN AND IMPLEMENTATION OF ALTERNATIVE RETIREMENT OPTIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3623 (Word version) -- Reps. J. Brown, Howard and Neal: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DOCTOR WESTBERRY HOMER NEAL OF RICHLAND COUNTY FOR HIS MORE THAN HALF CENTURY OF FAITHFUL SERVICE AS A PASTOR, DEDICATED EDUCATOR, AND LIFE-LONG HUMANITARIAN, AND CONGRATULATING HIM UPON RECEIVING THE NATIONAL ALUMNI COUNCIL OF THE UNITED NEGRO COLLEGE FUND, INC.'S OUTSTANDING ALUMNUS AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was taken up for immediate consideration:

H. 3624 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter,

Whereas, children are this State's most precious resource and our future; and

Whereas, the State is facing unprecedented challenges in juvenile justice, with twice as many young people in juvenile institutions as were there ten years ago; and

Whereas, facing the problems of juvenile delinquency is the first step toward safer communities; and

Whereas, governments, businesses, parents, and youth have pledged to find working initiatives that keep children out of trouble, and help those already in trouble turn their lives around; and

Whereas, local communities have explored and initiated solutions to local delinquency problems by expanding opportunities and incentives for personal responsibility in their young people; and

Whereas, the political, legal, faith, law enforcement, and education communities have formed an interwoven network with parents,

Whereas, this state's children, who are pressured to make difficult choices every day, have promised to "Think Twice" before making those decisions that could affect their entire lives. Now, therefore,

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

That the members of the General Assembly commend the South Carolina people, programs, partnerships, and all others who have joined together to provide guidance to young people in making the right choices and being accountable for their actions on the occasion of the celebration of South Carolina's Juvenile Justice Week, March 1-7, 1999.

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

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

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.
Without Reference

H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST

H. 3627 (Word version) -- Rep. Townsend: A BILL TO AMEND ARTICLE 20, CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF VIDEO GAME MACHINES, BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TWENTY PERCENT TAX ON NET INCOME FROM LICENSED MACHINES, TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE TAX, TO PROVIDE THAT FUNDS RAISED FROM THE TAX BE CREDITED TO A MOTOR VEHICLE TAX RELIEF FUND AND USED TO ROLL BACK SCHOOL OPERATING MILLAGE IMPOSED ON PERSONAL MOTOR VEHICLES, AND TO PROVIDE THAT THE EXEMPTED PROPERTY IS CONSIDERED PROPERTY FOR BONDED INDEBTEDNESS PURPOSES.
Referred to Committee on Ways and Means

H. 3628 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COSTS COLLECTED BY CLERKS OF COURT, REGISTERS OF DEEDS OR COUNTY TREASURERS, SO AS TO INCREASE THE FEE FOR FILING, INDEXING, ENROLLING, AND ENTERING A FOREIGN JUDGMENT AND AFFIDAVIT.
Referred to Committee on Judiciary

H. 3629 (Word version) -- Reps. Ott, G. Brown, Woodrum, Cobb-Hunter, T. Brown, Govan, Hayes, M. McLeod, Howard, Scott, Wilkes, Wilder, Allen, Bales, Harvin, W. McLeod, Parks, Pinckney, Rodgers and Rutherford: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS AND ITS LITTER CONTROL PROGRAM; TO AMEND SECTION 24-3-130,

H. 3630 (Word version) -- Reps. Allison, Littlejohn and Walker: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENT WITH CERTAIN PERSONS, SO AS TO EXPAND PROHIBITED PLACEMENTS TO INCLUDE CUSTODY, RELATIVE CARE, ADOPTIVE PLACEMENT, OR GUARDIANSHIP.
Referred to Committee on Judiciary

H. 3631 (Word version) -- Reps. Allison, Littlejohn and Walker: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO REQUIRE THE COURT TO PROHIBIT A PARENT'S ACCESS AND RIGHT TO OBTAIN EDUCATIONAL AND MEDICAL RECORDS AND TO PARTICIPATE IN SCHOOL ACTIVITIES IF THE PARENT HAS BEEN CONVICTED OF CERTAIN CRIMES IN WHICH THE SPOUSE OR CHILD WAS A VICTIM OR IF THE PARENT HAS BEEN FOUND BY THE COURT TO HAVE PERPETRATED ABUSE OR NEGLECT AGAINST THE CHILD OR DOMESTIC VIOLENCE AGAINST THE SPOUSE OR CHILD.
Referred to Committee on Judiciary

H. 3632 (Word version) -- Reps. Loftis, Harvin, Kelley, Barfield, Haskins, Keegan, Leach, Sandifer and Witherspoon: A BILL TO AMEND SECTION 16-23-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MACHINE GUNS,

H. 3633 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Referred to Committee on Ways and Means

H. 3634 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 9, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY BY ADDING SECTION 23-9-190 SO AS TO PROVIDE WHEN THE OWNER OF REAL PROPERTY IS NOT LIABLE FOR DEATH OR INJURY TO PERSONS OR PROPERTY WHEN A FIREFIGHTING AGENCY UTILIZES WATER FOR FIREFIGHTING PURPOSES FROM A SOURCE OF WATER ON REAL PROPERTY.
Referred to Committee on Judiciary

H. 3635 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 23, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY BY ADDING SECTION 48-23-297 SO AS TO PERMIT THE COMMISSION OF FORESTRY TO ACCEPT DONATIONS OF NEW OR USED EQUIPMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE USE AND DISPOSITION OF DONATED EQUIPMENT, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH RESULTING FROM DEFECTS IN DONATED AND LOANED EQUIPMENT.
Referred to Committee on Judiciary

H. 3636 (Word version) - Reps. Cato and Limehouse: A BILL TO AMEND ARTICLE 1, CHAPTER 43 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS OF LAW

H. 3637 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Referred to Ways and Means Committee

H. 3638 (Word version) -- Reps. Kirsh and Simrill: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION OF THE GENERAL ASSEMBLY ENACTING LOCAL OR SPECIAL LAWS, SO AS TO ALLOW A COUNTY BY ORDINANCE, SUBJECT TO A FAVORABLE REFERENDUM, TO PROHIBIT THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
Referred to Committee on Ways and Means

H. 3639 (Word version) -- Rep. Carnell: A BILL TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
Referred to Committee on Judiciary

H. 3641 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.
Referred to Committee on Ways and Means

H. 3642 (Word version) -- Reps. Harrell, Wilkins, Young-Brickell, Seithel, Simrill, Knotts, Hinson, H. Brown, Allison, Barfield, Barrett, Beck, Cato, Cotty, Dantzler, Easterday, Edge, Fleming, Hamilton, Harrison, Haskins, Keegan, Kelley, Klauber, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McGee, McKay, Meacham, Rice, Riser, Rodgers, Sandifer, R. Smith, Townsend, Walker, Webb, Witherspoon, Woodrum and Altman: A JOINT RESOLUTION PROPOSING AN

H. 3643 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3646 (Word version) -- Reps. Leach, F. Smith, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp, Vaughn and Wilkins: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF

The following was introduced:

H. 3644 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, 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. Brown, 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, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING CLARENCE W. DICKERT, DISTRICT SUPERINTENDENT OF EDGEFIELD COUNTY SCHOOLS, ON HIS NOMINATION FOR THE "SOUTH CAROLINA RURAL EDUCATOR OF THE YEAR" AWARD AND HIS APPOINTMENT TO THE STATE BOARD OF EDUCATION, AND COMMENDING HIM FOR HIS PROFESSIONALISM AND HIS DEDICATION TO PUBLIC EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

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

H. 3645 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999 AS "READ ACROSS

Whereas, the State of South Carolina has committed itself to a course of raising academic standards for all students; and

Whereas, the citizens of the State of South Carolina stand firmly committed to promoting reading as a catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

Whereas, the General Assembly has provided significant leadership in the area of education reform, grounded in the principle that educational investment is key to the state's well-being and long-term quality of life; and

Whereas, "Read Across America", a national celebration of Dr. Suess's birthday on March 2, promotes reading and adult involvement in the education of our students; and

Whereas, "Read Across America" is a project of great merit and is highly deserving of enthusiastic support. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates Tuesday, March 2, 1999 as "Read Across America Day" in South Carolina, urges every citizen in the Palmetto State to ensure that every child is read-to by a caring adult at least once on that day, and rededicates this State to efforts which engage in programs and activities to place South Carolina's children among the best readers in the nation.

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

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.               Campsen                Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harris
Harrison               Harvin                 Haskins
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         Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

I came in after the roll call and was present for the Session on Tuesday, March 2.

Clementa Pinckney                    Todd Rutherford
Joseph Neal                          Jerry Govan
Theodore Brown

The SPEAKER granted Rep. HAWKINS a leave of absence for the day due to a jury trial.

The SPEAKER granted Rep. EDGE a leave of absence due to a death in the family.

Rep. PINCKNEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 24.

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3620 (Word version)
Date:     ADD:
03/02/99   SCOTT

Bill Number:   H. 3620 (Word version)
Date:     ADD:
03/02/99   LLOYD

Bill Number:   H. 3158 (Word version)
Date:     ADD:
03/02/99   SIMRILL

Bill Number:   H. 3375 (Word version)
Date:     ADD:
03/02/99   KNOTTS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   LUCAS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   NEILSON

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   HARRISON

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   QUINN

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   MACK

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   PHILLIPS

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   MCCRAW

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   F. SMITH

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   BATTLE

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   R. SMITH

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   CATO

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   MOODY-LAWRENCE

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   SIMRILL

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   ROBINSON

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   HAMILTON

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   EASTERDAY

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   RICE

Bill Number:   H. 3498 (Word version)
Date:     ADD:
03/02/99   DELLENEY

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

S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE

H. 3360 (Word version) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE EMERGENCY IN THE SUMMER OF 1998 AND FOR TRAVEL EXPENSES INCURRED IN THAT EMERGENCY.
Rep. SHARPE explained the Joint Resolution.

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."
Rep. WITHERSPOON explained the Joint Resolution.

H. 3338 (Word version) -- Reps. Harrison and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONCEALING A CHILD WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER, WHO HAS PROBABLE CAUSE TO

H. 3310 (Word version) -- Reps. Knotts and Whatley: 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 COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
Rep. KNOTTS explained the Bill.

H. 3598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RHOAD explained the Joint Resolution.

The following Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:

S. 248 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, BY ADDING SECTION 55-11-650 SO AS TO AUTHORIZE THE AUTHORITY TO DEPOSIT, EXPEND MONIES, ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.

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

H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, March 3, which was adopted:

H. 3107 (Word version) -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS

Rep. TROTTER moved to adjourn debate on the Bill until Wednesday, March 3, which was agreed to.

The following Bill was taken up:

H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Rep. WITHERSPOON explained the Bill.
Rep. KENNEDY objected to the Bill.
Rep. WITHERSPOON continued speaking.

Rep. TRIPP moved to adjourn debate on the Bill until Wednesday, March 3, which was agreed to.

The following Bill was taken up:

H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
Rep. HARRISON explained the Bill.

The following Bill was taken up:

H. 3375 (Word version) -- Reps. Fleming, McGee, McKay, H. Brown, Altman, J. Smith, Delleney, Spearman, Hawkins, Klauber, Harrison, Maddox, D. Smith, F. Smith, Harris, Whipper and Knotts: 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.
Rep. FLEMING explained the Bill.

Rep. LLOYD moved to adjourn debate on the Bill until Wednesday, March 3, which was agreed to.

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Tuesday, March 9, 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, McMahand, Mack, Maddox, Riser and Simrill: 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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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

The following was introduced:

H. 3647 (Word version) -- Reps. Miller, Rodgers, Chellis, Keegan, Altman, Kennedy, Limehouse, Gilham, Barfield, Witherspoon, Dantzler, Bowers, Kelley, Bailey and Young-Brickell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES, THE U.S. ARMY CORPS OF ENGINEERS, AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO REVISIT THE CURRENT REGULATIONS TO ALLOW FOR THE REINSTATEMENT OF PREVIOUSLY APPROVED EMERGENCY SHELTERS IN THE COASTAL COUNTIES AND TO APPROVE SHELTERS RECOMMENDED BY LOCAL CITY AND COUNTY GOVERNMENTS OF GEORGETOWN, HORRY, CHARLESTON, BEAUFORT, AND COLLETON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3648 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE THE DARLINGTON RACEWAY AS IT CELEBRATES FIFTY YEARS OF NASCAR RACING IN THE SOUTHERN 500 AND TO HONOR THE RACEWAY ON ITS

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

H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
Referred to Committee on Ways and Means

H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3651 (Word version) -- Reps. Maddox, M. McLeod, J. Brown, Hamilton, Stille and Woodrum: A BILL TO AMEND SECTION 16-11-311, AS AMENDED, AND SECTIONS 16-11-312 AND 16-11-313, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE CRIME OF BURGLARY, SO AS TO DELETE THE

H. 3652 (Word version) -- Reps. Young-Brickell, Bailey, Law and Riser: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3653 (Word version) -- Reps. Rutherford, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Scott and J. Smith: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE WALTER JONES, SR., WHO DIED ON SUNDAY, FEBRUARY 28, 1999.

Whereas, the Honorable Walter Jones, Sr., retired chief magistrate of Richland County, passed away Sunday, February 28, 1999, at Palmetto Richland Memorial Hospital in Columbia after a short illness; and

Whereas, Judge Jones was born in Eufaula, Alabama, the son of the late Eugene Alex Jones and Donna Johnson Jones. He graduated from Van Buren High School and attended Texas Central State College, the University of Maryland, the National Judicial College at the University of Nevada, and the American Academy of Judicial Education; and

Whereas, Judge Jones served his country admirably in his military career, retiring from the United States Army in 1971. His military

Whereas, Judge Jones married his loving wife, Janet Ann Sims, in February, 1958, and was the proud father of Donna Jones Gilbert, Jeannie Jones, Walter, Jr. and Maurice Jones and the especially proud grandfather of two grandsons, Christopher and Joseph Gilbert; and

Whereas, Judge Jones' extended family includes sisters, Mary Louise Jones, Beatrice Jones, and Virginia Watts, all of Bristol, Connecticut, brothers, Eugene Jones, Jr., of Bristol, Connecticut, and Robert Jones of Clifton Park, New York, an aunt, an uncle, stepmother, mother-in-law, and many other loving relatives; and

Whereas, Judge Jones was a long time active member of Bethlehem Baptist Church in Columbia where he served as the current chairman of the church's board of trustees; and

Whereas, he was active in numerous civic organizations such as the Townsmen's Club, the Board of Commissioners on Judicial Standards, the boards of the United Way, Community Care, Boy's Club of Greater Columbia, Inc., the Sickle Cell Anemia Foundation, and he was a member of the Governor's Committee on Highway Safety, past president of the Parent Teachers Associations of Logan and Withers Elementary Schools, and a member of Veterans of Foreign Wars Post 426; and

Whereas, Judge Jones was a hard working magistrate who retired as chief magistrate in January, 1998, and who will be remembered for his fairness, compassion, and his vision; and

Whereas, he has been honored many times over with awards and citations such as the Order of the Palmetto and the key to the City of Columbia; and

Whereas, Richland County will sorely miss Judge Jones, who remained active in his community and involved in being a positive influence for the neighborhood youth long after he retired from the bench; and

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

That the members of the General Assembly extend their deepest sympathies to the family and many friends of the Honorable Walter Jones, Sr.

Be it further resolved that a copy of this resolution be presented to the family of the Honorable Walter Jones, Sr.

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

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

H. 3599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RHOAD explained the Joint Resolution.

H. 3600 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RHOAD explained the Joint Resolution.

H. 3601 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY,

The following Bill was taken up:

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9033SOM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:

"Section 14-25-65.   Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount he considers appropriate. In determining the appropriate amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A municipal judge may hold a party in contempt for failure to pay restitution ordered if the judge finds the party has the ability to pay."
SECTION   2.   Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

"Section 22-3-550.   (A)   Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution he considers appropriate. In determining the appropriate amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A magistrate may hold a party in contempt for failure to pay restitution ordered if the judge finds the party has the ability to pay."

(B)   However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
SECTION   3.   Section 22-3-1000 is amended to read:

"Section 22-3-1000.   No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for twenty-five days after the refusal of a motion for a new trial. A magistrate's order of restitution may be appealed separately from an appeal relating to the conviction."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. BARRETT, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

S. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

At 1:15 P.M. the House in accordance with the motion of Rep. HARVIN adjourned in memory of Charlie Dorn Smith of Turbeville, to meet at 10:00 A.M. tomorrow.

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