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


Printed Page 1 . . . . . Tuesday, January 12, 1999

JOURNAL

of the

SENATE

of the

STATE OF SOUTH CAROLINA
_____

Regular Session Beginning Tuesday, January 12, 1999
_____

Tuesday, January 12, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 12th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

The proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze of Columbia, S.C., as follows:

Beloved, hear words from the Book of Revelation, Chapter 3, eighth verse:

"I know your works.

Look, I have set before you

an open door, which no one is

able to shut."
Let us pray.

O God of the Universe, and our Father: as we gather for the first time in this our renovated State House, we give thanks, and offer our praises for Your Providence and gracious gifts; and say in our hearts the words written on the coin of our realm: "In God we trust!"

In this holy moment, we dedicate every erg of energy in our bodies, minds and souls to the fulfilling of Your Will for us.


Printed Page 2 . . . . . Tuesday, January 12, 1999

And, Dear Lord, we pray together the prayer given in Galilee for every age... known as Our Lord's Prayer:

"Our Father, Who art in heaven,

Hallowed be Thy Name, Thy Kingdom come,

Thy Will be done, on earth as it is in heaven.

Give us this day our daily bread; and

Forgive us our trespasses, as we forgive

those who trespass against us; and

Lead us not into temptation, but

Deliver us from evil, for Thine is the

Kingdom, and the power, and the glory,

for ever and ever. Amen."

MOTION ADOPTED

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate proceeded to the selection of seats.

SEATING SELECTIONS

The Reading Clerk called the seniority roll for the purpose of seating selections as follows:

Seat 1       Senator Drummond

Seat 2       Senator Holland

Seat 3       Senator Saleeby

Seat 4       Senator Bryan

Seat 5       Senator Giese

Seat 6       Senator Leatherman

Seat 7       Senator Leventis

Seat 8       Senator Patterson

Seat 9       Senator Matthews

Seat 10       Senator Courson

Seat 11       Senator Wilson

Seat 12       Senator Russell

Seat 13       Senator Hayes

Seat 14       Senator Jackson

Seat 15       Senator Anderson

Seat 16       Senator Washington

Seat 17       Senator Glover

Seat 18       vacant

Seat 19       Senator Grooms

Seat 20       Senator Fair


Printed Page 3 . . . . . Tuesday, January 12, 1999

Seat 21       Senator Ravenel

Seat 22       Senator Branton

Seat 23       Senator Hutto

Seat 24       Senator Setzler

Seat 25       Senator Land

Seat 26       Senator J. Verne Smith

Seat 27       Senator Thomas

Seat 28       Senator O'Dell

Seat 29       Senator Peeler

Seat 30       Senator McConnell

Seat 31       Senator Moore

Seat 32       Senator McGill

Seat 33       Senator Mescher

Seat 34       Senator Rankin

Seat 35       Senator Short

Seat 36       Senator Courtney

Seat 37       Senator Passailaigue

Seat 38       Senator Cork

Seat 39       Senator Elliott

Seat 40       Senator Ford

Seat 41       Senator Alexander

Seat 42       Senator Waldrep

Seat 43       Senator Reese

Seat 44       Senator Martin

Seat 45       Senator Gregory

Seat 46       Senator Ryberg

Committee from the House

Representatives Harrell, Cobb-Hunter and Young-Brickell appeared in the Chamber to inform the Senate that the House had organized and was ready to proceed with business.

MOTION ADOPTED
Sense of the Senate

Senator DRUMMOND moved that it be the Sense of the Senate that in order to maintain the newly renovated Chamber in proper condition, consumption of food be restricted to appropriate areas in the joint meeting room and the Senate Cloakroom.

There was no objection and the Sense of the Senate motion was adopted.


Printed Page 4 . . . . . Tuesday, January 12, 1999

MOTION ADOPTED

On motion of Senator DRUMMOND, the order of business for the organization of the Senate was established as follows:

Order of Business

1.     Call to Order by the PRESIDENT

2.     Prayer

3.     Pledge of Allegiance

4.     Members select seat assignments

5.     Motions by the PRESIDENT Pro Tempore

6.     Remarks by Lieutenant Governor

7.     Election and swearing-in of Senate Officers

8.     Remarks by PRESIDENT Pro Tempore

9.       PRESIDENT appoints committees to inform the House and Governor that the Senate has organized
10.     Adjournment

Motion Adopted

On motion of Senator DRUMMOND, with unanimous consent, the PRESIDENT of the Senate was granted leave to address the Senate with brief remarks.

Remarks by the PRESIDENT

The PRESIDENT addressed the Senate with brief remarks.

I'll be brief. (With apologies to the Senator from Charleston, I've always wanted to say that...)
It is a pleasure to be back with all of you once again in the real State House, though. But then again, after surviving this past election, it's just good to be back, period...
But seriously. I'm deeply grateful the people of South Carolina granted me a second term. I'm thankful for the opportunity to serve all of them. And I'm thankful for the opportunity to serve with each of you...
Looking back over the past four years, we've had our share of ups and downs. We've enjoyed many proud moments. Passing key reforms like welfare reform, two strikes and you're in, the infrastructure bank, full-day kindergarten, K-12 accountability, LIFE scholarships, and record breaking property tax relief...


Printed Page 5 . . . . . Tuesday, January 12, 1999

But with the highs have come lows, too. Legislative hostage taking. Feigned tax relief plans. Video Poker inertia. And a new, potent strain of partisan confrontation.
Together, we are now set to enter this institution's second millennium. And where we go from here and the manner in which we proceed is up to you...
You can work together to usher in a renewed era of progress based on this body's long line of traditions. Or touch gloves, break to your separate corners, and succumb to the adversarial trends that infect the larger body politic...
It is my hope that you will build upon the finer customs of the Senate. That you will practice not just preach bipartisanship. Deliberate, not subjugate open debate. Honor and respect each individual member, but even more importantly, honor and respect the individuals each member represents.
As your presiding officer, that's what I try to do. Because no matter if you are Democrat or Republican. From the Lowcountry or the Upstate. Black or white. There is far much more that unites us than divides us.
Each of us here has been empowered by the people of this State to lead their government with the best of our God-given abilities. To do right by those we represent. And to make the critical decisions that directly affect countless lives and livelihoods...
Many such decisions await the Senate this year.
As I speak, the issue of video poker looms over this General Assembly like a thick fog -- threatening to envelop everything else we deal with in a dull pall...
That's why I'm urging you to act decisively. Instead of putting off the inevitable, pass a video poker referendum for this spring. Provide for a public vote that will allow us to implement the people's will -- whatever that might be -- before the end of this session. And to settle the video poker question this century -- instead of waiting until the next one to settle this matter once and for all...
There's another issue the people of this state deserve to be heard on, and that's the lottery. But in order to be heard on the lottery, this chamber must at first allow lottery legislation to be heard on this floor...That time has come...
Nevertheless, we need not wait for the lottery to begin education improvements. With $600 million sitting in state coffers right now, there is no reason to put off safer and smaller classroom reforms and new school building programs...

Printed Page 6 . . . . . Tuesday, January 12, 1999

We can and should pass legislation this year to reduce classroom size all over South Carolina, build new schools, expand others, and put resource officers in school halls...
While we continue to improve education in South Carolina, we must also continue to reduce tax burdens. It is not a matter of one or the other -- lower taxes and better education can coexist... Here in South Carolina, car taxes are among the highest in the country, rivaling and sometimes surpassing family mortgage and rent payments. And, yes the car tax may be a local issue. But so, too, is education. And just as we work with local governments to improve education, we can, and should, work together to provide substantive car tax relief, as well....
Last but not least, as a statewide elected official, I ask you to take a good hard look at campaign finance reform. I do not mean changing the rules so one party can harvest more money than the other, or even limiting candidate, party, or third party spending...
Instead, I urge you to consider a simple reform that will prevent future subversion and perversion of state election laws: Mandate all expenditures designed to influence an election by a candidate, political party, third party, or individual be reported to the State Ethics Commission and made public...
Whether you agree or disagree with any of this, I know you have a lot on your plate as you start the new session. But that's what this process is all about. As State Senators, that's why you're here: to debate, deliberate, and help resolve the pressing issues of our day.
As Lt. Governor, and as your presiding officer, I wish you well as you begin the new year. May God grant you the courage to meet the challenges of this session. And may God grant you the wisdom to lead this institution by the finest traditions of your past, successfully into your future....

Remarks by the PRESIDENT Pro Tempore

Senator DRUMMOND, PRESIDENT Pro Tempore, was recognized to address remarks to the Senate as follows:

Mr. PRESIDENT - and congratulations on your reelection --, Ladies and Gentlemen of the Senate, good afternoon and welcome back.

We begin this session as we have begun every session following a gubernatorial election - flush with new ideas - and at the same time facing familiar challenges. It is an environment rich in opportunity and full of the promise to improve our State and to serve the needs of every citizen.


Printed Page 7 . . . . . Tuesday, January 12, 1999

The message I have personally taken from the results of the election is clear - we must redouble our efforts to find solutions to the problems which confront us. It will not be enough for us to try individually and collectively - simply to give our very best effort. The people have spoken and a good bit of our agenda is clear - we must set priorities and make the tough decisions.

The campaigns are finished and we must fix our energies and our attention on the people's business.

We will proceed in tomorrow's ceremonies and other events over the next few days to engage in that operation which is the marvel of our system of government - the orderly and peaceful transition of power from one administration to another. This system is fundamental to progress, to positive change and to opportunities for fresh ideas and fresh faces. As the Senate embarks on the beginning of a new biennium, I hope to follow this theme in applying the energy and talents of those Senators who may not have had opportunities in the past.

We will debate and agree and disagree on many issues. We all know what is important as we begin our session duties and we all have a sense of the priorities now and for the rest of this session. I want to ask you to pledge with me that each of the important issues - the issues that the people of South Carolina made important by their vote - receives honest, full and deliberative consideration. The people expect no more of us than this, and we have a duty to do no less.

This should be an easy task for us; this institution has a proud history of tackling and dealing with the serious issues confronting our State. It is only when we get a little too short sighted, or a little too partisan, or a little too self-centered, or a little too bullheaded, that we spend our energy and waste our talents and abilities in nonproductive and tedious gamesmanship.

Let's conduct ourselves in a manner that is befitting the challenges that lie ahead. We all know that the first Thursday in June is coming; most of us have a pretty good idea about how we will vote on the major issues which are on the session agenda.

The legacy we must leave is that we spared no effort in improving the quality of life we leave to our children and grandchildren - that we provided our children with an education second to none - that we supported economic policies which assured the availability and quality of jobs - that we structured a social policy which cares for those who cannot care for themselves.


Printed Page 8 . . . . . Tuesday, January 12, 1999

Many times you have heard me stand here and thank God for my good fortune and for my fellow pilots and all of the fighting men and women who gave - and continue to give - so much to protect and defend our precious system of democracy. I also thank Him for the chance [ and sometimes the challenge ] of serving with each and every one of you.

I pledge to you that my purpose and resolve will be to conduct the people's business with due deliberation, determination and dignity. We must reach a decision on the video poker issue - we must reach a decision on giving the people a chance to vote on a lottery - let alone the multiple issues which face us in education, the environment, critical road and other infrastructure needs as well as many, many other significant issues.

As I told you last year, and I mean this with all of my heart - this body provides a permanent home for open and vigorous debate - this is our strength and our legacy - it brings out the best in all of us when used for the important issues of the day - it brings us all down when manipulated for partisan or personal reasons.

I look forward to the days ahead and to the successes we will achieve as a Senate.

Thank you.

MOTION ADOPTED

On motion of Senator J. VERNE SMITH, with unanimous consent, the remarks of the PRESIDENT and PRESIDENT Pro Tempore were ordered printed in the Journal.

ELECTION OF SENATE OFFICERS
Clerk of the Senate, Reading Clerk, Sergeant-at-Arms, Assistant Sergeant-at-Arms, Chaplain

On motion of Senator DRUMMOND, with unanimous consent, the name of Mr. Frank Caggiano was placed in nomination as Clerk of the Senate; the name of Mr. John O. Wienges was placed in nomination as Reading Clerk; the name of Mr. James R. Melton was placed in nomination as Sergeant-at-Arms; the name of Mr. Roger W. Beaver was placed in nomination as Assistant Sergeant-at-Arms, and the name of Reverend George E. Meetze was placed in nomination as Chaplain.

On motion of Senator DRUMMOND, with unanimous consent, the officers were elected en masse.


Printed Page 9 . . . . . Tuesday, January 12, 1999

Mr. Frank Caggiano was elected as Clerk of the Senate; Mr. John O. Wienges was elected as Reading Clerk; Mr. James R. Melton was elected as Sergeant-at-Arms; Mr. Roger W. Beaver was elected as Assistant Sergeant-at-Arms; and the Reverend George E. Meetze was elected as Chaplain.

SENATE OFFICERS SWORN IN

On motion of Senator DRUMMOND, with unanimous consent, the Clerk, Reading Clerk, Chaplain, Sergeant-at-Arms and Assistant Sergeant-at-Arms presented themselves at the Bar and the oath of office was administered by the PRESIDENT Pro Tempore.

Clerk's Appointments

The Clerk announced the following appointments:
Mr. Hogan Brown           Assistant Clerk and Assistant Director of

Research
Mrs. Darlene M. Griggs       Administrative Assistant
Mrs. Joyce D. Reid           Administrative Assistant
Mrs. Agnes Walker         General Desk Clerk
Mrs. Cynthia C. Aiken       Calendar Clerk
Mrs. Betty Graham           Chief Administrative Assistant to the

Clerk of the Senate
Mrs. Beth Dworjanyn         Director of Senate Finance
Mrs. Jean Tisdale           Bookkeeping
Mrs. Jean Padget   t           Payroll/Personnel Specialist
Ms. Alicia Eatmon           Bill Clerk
Mrs. Susan H. Edwards       Assistant Bill Clerk

Doctor of the Day

Senator LEATHERMAN introduced Dr. Steve Imbeau of Florence, S.C., Doctor of the Day.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2180
Agency: Department of Public Safety
SUBJECT: Division of Motor Vehicles, Driver Training Schools
Received by Lieutenant Governor April 11, 1997
Referred to Transportation Committee
Legislative Review Expiration January 31, 1999


Printed Page 10 . . . . . Tuesday, January 12, 1999

March 10, 1998   Senate Transportation Committee Requested Withdrawal
December 15, 1998   Withdrawn and Resubmitted

Remarks by Senator LANDER

Senator LANDER addressed brief remarks to the Senate.

Thank you, Mr. PRESIDENT, and ladies and gentlemen of the Senate.

Believe it or not, this is a difficult time for me. This will be my last opportunity to address this body as a member of this Senate.

Six years ago when I came here, Senators LAND and SETZLER, Senator WILSON, and Mr. PRESIDENT Pro Tempore, Senator JOHN DRUMMOND, became my mentors. And the great and wonderful Senator who was PRESIDENT Pro Tempore of the Senate, the late Senator MARSHALL WILLIAMS, took me - believe me, with my age at that time - as one of his boys. I appreciate that so much. And I miss Senator WILLIAMS and I miss Mrs. Williams and her exquisite hats as she sat in this Senate every day.

This Senate is such a special place. I think perhaps on maybe November 3rd, JOHN COURSON, I was the loser. It is with regret that I depart this body and relinquish the title of "Senator," which is a noble title. Please wear it well as so many of you do, as so many to come will, and as so many that have already passed our way have done.
I can't tell you the depth of feeling I have for you and what this experience has meant to me. In recent history I follow only four people, to the best of my knowledge - my predecessor in office, Comptroller General Earle Morris, left this Senate to become Lieutenant Governor, as did Brantley Harvey; and former Governors Jim Edwards and John West, who left this Senate - directly from this Senate -- to become Governor. So, I really consider myself in very select company.
My message to you today is that in my lifetime, I've had a lot of honors, both militarily and in civilian life but not such, I think, as having been a Senator.
I go to a new job. I want you to know that the doors to that office are open to each and every one of you. I've never found a Senator that I served with - paraphrasing Will Rogers - that I didn't admire and that I didn't respect.
You folks, most of you, stood with me and Jolene and my family in the darkest days of our lives. Yet, that support has been there


Printed Page 11 . . . . . Tuesday, January 12, 1999

in other areas and we appreciate it. I'm grateful to the General Assembly.
Thank you so much.

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the remarks of Senator LANDER were ordered printed in the Journal. (At the time of printing, remarks were unavailable and would be printed as soon as transcribed.)

Committee to Inform the Governor

The PRESIDENT appointed Senators J. VERNE SMITH, THOMAS and JACKSON to inform the Governor that the Senate was organized and was ready to proceed with business.

Committee to Inform the House

The PRESIDENT appointed Senators MARTIN, PATTERSON and GIESE to inform the House of Representatives that the Senate was organized and was ready to proceed with business.

Motion Adopted

Senator SETZLER asked unanimous consent to make a motion that all prefiled bills be introduced and given a first reading at this time, en masse, and referred to the respective committees as indicated unless a different reference is otherwise ordered by a majority of the Senate.

The motion was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1 (Word version) -- Senators Passailaigue, McConnell, Ford, O'Dell, and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE LOTTERIES BE USED SOLELY TO SUPPORT IMPROVEMENTS AND ENHANCEMENTS TO EDUCATION PURPOSES AND PROGRAMS AS PROVIDED FOR BY THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Finance.


Printed Page 12 . . . . . Tuesday, January 12, 1999

S. 2 (Word version) -- Senators Passailaigue, McConnell, Ford and Elliott: A BILL TO AMEND TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 45, ENTITLED THE "SOUTH CAROLINA LOTTERY FOR EDUCATION ACT" SO AS TO PROVIDE FOR A STATE LOTTERY, THE PROCEEDS OF WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO CREATE THE SOUTH CAROLINA LOTTERY CORPORATION AND TO PROVIDE FOR ITS BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR BUDGETING OF LOTTERY PROCEEDS; TO CREATE A LOTTERY CORPORATION LEGISLATIVE OVERSIGHT COMMITTEE; AND TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS.

Read the first time and referred to the Committee on Finance.

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson and Fair: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.

Read the first time and referred to the Committee on Judiciary.

S. 4 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL,


Printed Page 13 . . . . . Tuesday, January 12, 1999

AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.

Read the first time and referred to the Committee on Judiciary.

S. 5 (Word version) -- Senators Land, Passailaigue, Elliott and Courtney: A BILL TO REQUIRE A STATEWIDE REFERENDUM AT THE TIME OF THE 2000 GENERAL ELECTION TO ASCERTAIN WHETHER VIDEO GAME MACHINE PAYOUTS WILL CONTINUE TO BE ALLOWED IN THE STATE AFTER DECEMBER 31, 2000; AND TO PROVIDE FOR THE REPEAL OF PROVISIONS OF THE SOUTH CAROLINA CODE AUTHORIZING VIDEO GAME MACHINE PAYOUTS AND REGULATING VIDEO GAME MACHINES, IF THE STATE ELECTION COMMISSION CERTIFIES THAT A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN THE REFERENDUM VOTED "NO".

Read the first time and referred to the Committee on Finance.

S. 6 (Word version) -- Senators Land and Elliott: A BILL TO AMEND CHAPTER 21, TITLE 12, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO VIDEO GAMING, BY ADDING SECTION 12-21-2755, SO AS TO PROVIDE FOR THE DISTRIBUTION OF REVENUE FROM THE LICENSE FEE IMPOSED BY SECTIONS 12-21-2720(A)(3), 12-21-2728(A)(3) AND 12-21-2723; BY ADDING SECTION 12-21-2723 SO AS TO IMPOSE ; TO AMEND SECTION 12-21-2720 TO ALLOW A COUNTY AND MUNICIPALITY TO LIMIT THE NUMBER OF MACHINES PER "STRUCTURE" AND TO ALLOW A LOCAL GOVERNMENT TO DEFINE THE TERM "STRUCTURE"; BY ADDING SECTION 12-21-2752 SO AS TO PROVIDE FOR CRIMINAL BACKGROUND REVIEWS FOR OWNERS AND OPERATORS OF VIDEO GAME MACHINES; BY ADDING SECTION 12-21-2753 SO AS TO PROVIDE FOR CRIMINAL BACKGROUND REVIEWS FOR PERSONS HOLDING RETAIL SALES TAX LICENSES FOR PLACES OR PREMISES WHERE VIDEO GAME MACHINES ARE LOCATED; TO AMEND TITLE 12 BY ADDING CHAPTER 22 SO AS TO CREATE THE GAMING COMMISSION, PROVIDE FOR ITS MEMBERSHIP AND ITS RESPONSIBILITIES; TO REPEAL SECTIONS 12-21-2804(G)(I), 12-21-2808, 12-21-2809, AND SECTION 6 OF ACT 53 OF 1997; AND TO AMEND SECTION 12-21-2738 SO AS TO PROVIDE THAT A FINE RELATING TO A


Printed Page 14 . . . . . Tuesday, January 12, 1999

VIOLATION OF A VIDEO GAME MACHINE LICENSED PURSUANT TO SECTION 12-21-2720(A)(3) MAY NOT BE SUSPENDED.

Read the first time and referred to the Committee on Finance.

S. 7 (Word version) -- Senators Short and Leventis: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.

Read the first time and referred to the Committee on Medical Affairs.

S. 8 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND SECTION 12-6-3440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE TAX CREDITS FOR EMPLOYERS FOR CHILD CARE PROGRAMS, SO AS TO INCLUDE ADULT CARE.

Read the first time and referred to the Committee on Finance.

S. 9 (Word version) -- Senators Thomas, Elliott, Ryberg, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-632 SO AS TO PROVIDE THAT A PERSON WHO ASSAULTS OR THREATENS AN INDIVIDUAL ATTEMPTING TO SERVE A JUDICIAL DOCUMENT IS GUILTY OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

Read the first time and referred to the Committee on Judiciary.

S. 10 (Word version) -- Senators Passailaigue, Elliott and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE


Printed Page 15 . . . . . Tuesday, January 12, 1999

FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

Read the first time and referred to the Committee on Judiciary.

S. 11 (Word version) -- Senators Drummond, Elliott and Leventis: 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 REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.

Read the first time and referred to the Committee on Finance.

S. 12 (Word version) -- Senators Leventis and Hutto: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.


Printed Page 16 . . . . . Tuesday, January 12, 1999

S. 13 (Word version) -- Senator Leventis: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 38 SO AS TO ENACT THE "POSTMARK PROMPT PAYMENT ACT".

Read the first time and referred to the Committee on Banking and Insurance.

S. 14 (Word version) -- Senators Leventis, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-45 SO AS TO REQUIRE THE ENTITY IN CHARGE OF CONDUCTING A POLL DURING THE SIX-MONTH PERIOD BEFORE A GENERAL ELECTION TO FILE CERTAIN INFORMATION RELATING TO THE POLL WITH THE STATE ELECTION COMMISSION, AND PROVIDE A PENALTY FOR VIOLATION.

Read the first time and referred to the Committee on Judiciary.

S. 15 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND SECTIONS 2-7-71, AS AMENDED, AND 11-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTIMATED REVENUE IMPACT STATEMENTS AND TO THE BUDGET FUNCTIONS OF THE GOVERNOR, SO AS TO REQUIRE THAT THE RECOMMENDED STATE BUDGET SUBMITTED BY THE GOVERNOR AT THE BEGINNING OF EACH REGULAR SESSION OF THE GENERAL ASSEMBLY INCLUDE SPECIFIC APPROPRIATIONS FOR THE AMOUNTS STATED IN THE STATEMENTS OF ESTIMATED REVENUE IMPACT FOR BILLS ENACTED DURING THE PRIOR SESSION OF THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Finance.

S. 16 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND SECTION 56-5-4140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, COMBINATIONS OF VEHICLES, AND LOADS OPERATED OR MOVED UPON A HIGHWAY, SO AS TO PROVIDE A PROVISION THAT REGULATES AXLE SPACING AND GROSS VEHICLE WEIGHT FOR COTTON MODULAR VEHICLES; AND TO AMEND SECTION 57-3-160, AS AMENDED, RELATING TO A PERMIT FOR A COTTON MODULAR


Printed Page 17 . . . . . Tuesday, January 12, 1999

VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT LOADED COTTON MODULAR VEHICLES MUST NOT BE OPERATED ON INTERSTATE HIGHWAYS.

Read the first time and referred to the Committee on Transportation.

S. 17 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND SECTION 31-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGN, DISPLAY, AND REGULATION OF MOBILE HOME MOVING PERMITS, SO AS TO PROVIDE THAT A MOBILE HOME MOVING PERMIT MAY BE MAINTAINED IN THE POSSESSION OF THE MOBILE HOME TRANSPORTER.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 18 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE FOR A PHASED-IN EXEMPTION FOR THE PROPERTY TAX ON PERSONAL PROPERTY BEGINNING WITH THE MILLAGE IMPOSED ON MOTOR VEHICLES FOR SCHOOL OPERATING PURPOSES EXTENDING OVER TIME TO ALL PROPERTY TAXES ON ALL PERSONAL PROPERTY, TO ESTABLISH THE MOTOR VEHICLE AND PERSONAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PERSONAL PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO REQUIRE LOCAL TAXING ENTITIES TO ADJUST MILLAGE IMPOSED ON PERSONAL PROPERTY ANNUALLY SO THAT THE AMOUNT RAISED BY THE MILLAGE AND THE REIMBURSEMENT IN TOTAL DO NOT EXCEED 2000 CALENDAR YEAR PERSONAL PROPERTY TAX REVENUES INCLUDING CREDITS AGAINST SALES TAX, TO PRESCRIBE THE ORDER OF THE VARIOUS TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE FOR REIMBURSEMENTS TO LOCAL TAXING ENTITIES WHEN ALL PERSONAL PROPERTY IS WHOLLY EXEMPT FROM PROPERTY TAX, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE


Printed Page 18 . . . . . Tuesday, January 12, 1999

PROPERTY AT ITS 2000 ASSESSED VALUE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

Read the first time and referred to the Committee on Finance.

S. 19 (Word version) -- Senators Leventis, Passailaigue, Elliott, Ryberg, Leatherman, Wilson and Giese: 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 STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.

Read the first time and referred to the Committee on Finance.

S. 20 (Word version) -- Senators Leventis and Elliott: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 2000 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 2000 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 2000 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.

Read the first time and referred to the Committee on Finance.

S. 21 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES


Printed Page 19 . . . . . Tuesday, January 12, 1999

FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 22 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND SECTION 20-7-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT AND TO AUTHORIZE A PERSON TO PETITION FAMILY COURT TO DETERMINE IF A REPORTER WAS NOT ACTING IN GOOD FAITH OR ACTED WITH MALICE.

Read the first time and referred to the Committee on Judiciary.

S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Judiciary.

S. 24 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY CHOOSE TO LIMIT HIS CAMPAIGN EXPENDITURES TO SEVENTY-FIVE CENTS FOR EACH CONSTITUENT AND TO PROVIDE FOR A STATE INCOME TAX DEDUCTION FOR CONTRIBUTORS IF THE CANDIDATE ADHERES TO HIS PLEDGE; BY ADDING SECTION 12-6-1230 SO AS TO PROVIDE


Printed Page 20 . . . . . Tuesday, January 12, 1999

ALL TAXPAYERS THE INCOME TAX DEDUCTION FOR POLITICAL CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315; AND TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS IN COMPUTING INDIVIDUAL TAXABLE INCOME, SO AS TO MAKE POLITICAL CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315 TAX DEDUCTIBLE.

Read the first time and referred to the Committee on Judiciary.

S. 25 (Word version) -- Senators Leventis and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-150 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT ITS PROPOSED TRANSPORTATION IMPROVEMENT PROGRAM OR ITS PROPOSED INTERIM CHANGES TO A TRANSPORTATION IMPROVEMENT PROGRAM TO CERTAIN OFFICERS OF THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Transportation.

S. 26 (Word version) -- Senator Leventis: A BILL TO REPEAL SECTION 59-63-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT THE CHILD ATTENDS AND PROVIDING THAT ANY NONRESIDENT STUDENT OF THE DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.

Read the first time and referred to the Committee on Education.

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.


Printed Page 21 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 28 (Word version) -- Senators Leventis, Elliott and Wilson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-125 SO AS TO GIVE A HIRING PREFERENCE TO A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS FOR A VACANT POSITION IN STATE GOVERNMENT; BY ADDING SECTION 51-1-45 SO AS TO ALLOW A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS OR A MEMBER OF THE STATE GUARD WHO HAS SERVED IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS, TO BE ADMITTED TO ALL STATE PARKS, MUSEUMS, AND RECREATIONAL FACILITIES WITHOUT CHARGE; BY ADDING SECTION 56-3-622 SO AS TO AUTHORIZE A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS TO REGISTER ONE PRIVATE PASSENGER MOTOR VEHICLE WITHOUT PAYING THE BIENNIAL REGISTRATION FEE; TO AMEND CHAPTER 111, TITLE 59, BY ADDING ARTICLE 10 SO AS TO ALLOW A DISCOUNT ON TUITION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION OF FIVE HUNDRED DOLLARS FOR A MEMBER OF THE SOUTH CAROLINA STATE GUARD UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO PROVIDE A NINE DOLLAR FEE FOR A LIFETIME LICENSE FOR A MEMBER OF THE STATE GUARD ON THE ACTIVE DUTY ROSTERS OR A MEMBER SERVING IN THE STATE GUARD FOR AT LEAST TEN YEARS OR ON REACHING AGE SIXTY-TWO, WHICHEVER FIRST OCCURS; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE AND FEE FOR A DRIVER'S LICENSE, SO AS TO WAIVE THE FEE FOR A MEMBER OF THE STATE GUARD WHO IS ON THE ACTIVE DUTY ROSTERS; TO AMEND


Printed Page 22 . . . . . Tuesday, January 12, 1999

SECTION 56-3-4710, AS AMENDED, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO DELETE THE PERSONALIZED PLATE FEE REQUIRED FOR THE ISSUANCE OF THE PLATE AND REPLACE IT WITH THE PAYMENT OF ONE DOLLAR.

Read the first time and referred to the Committee on Finance.

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

Read the first time and referred to the Committee on Banking and Insurance.

S. 30 (Word version) -- Senators Wilson, Courson and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 1A AND AMENDING SECTION 6, SO AS TO PROVIDE THAT PROPERTY TAX MUST BE LEVIED SEPARATELY ON ANY CLASSIFICATION OF PERSONAL PROPERTY CREATED TO INCLUDE PRIVATE PASSENGER MOTOR VEHICLES AND TO PROVIDE THAT THE MILLAGE RATE IMPOSED ON THIS NEW CLASS MAY NOT EXCEED THE RATE IMPOSED FOR 2000 AND TO MAKE A CONFORMING AMENDMENT, AND PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 1, RELATING TO THE UNIFORM ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF PRIVATE PASSENGER MOTOR VEHICLES, AS DEFINED BY LAW, TAXED AS AN ASSESSMENT EQUAL TO TEN AND ONE-HALF PERCENT OF THE FAIR MARKET VALUE OF THE PROPERTY.

Read the first time and referred to the Committee on Finance.


Printed Page 23 . . . . . Tuesday, January 12, 1999

S. 31 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1999, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

Read the first time and referred to the Committee on Finance.

S. 32 (Word version) -- Senators Hayes, Courson, Ryberg, Giese, Wilson, Leatherman and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS


Printed Page 24 . . . . . Tuesday, January 12, 1999

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 FOR VIOLATIONS.

Read the first time and referred to the Committee on Judiciary.

S. 33 (Word version) -- Senators Moore, O'Dell, Elliott and Giese: A BILL TO AMEND SECTION 40-47-211 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REQUIRE SIX MEMBERS TO BE ELECTED AT LARGE FROM ACROSS THE STATE AND TO REQUIRE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA.

Read the first time and referred to the Committee on Medical Affairs.

S. 34 (Word version) -- Senators Short and Leventis: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES AND TAXES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO REQUIRE A PRORATED REFUND WHEN THE LICENSE FOR A VIDEO GAME WITH A FREE-PLAY FEATURE IS SURRENDERED TO THE DEPARTMENT OF REVENUE DURING THE LICENSE PERIOD AND TO DISALLOW THIS REFUND WHEN A LICENSE IS CANCELED, RELINQUISHED, OR REVOKED AS A RESULT OF AN ENFORCEMENT ACTION.

Read the first time and referred to the Committee on Finance.

S. 35 (Word version) -- Senators Waldrep, Elliott, Courtney, Leventis and Ryberg: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT IF THE MAXIMUM TAX IS PAID ON A LEASED VEHICLE DURING THE TERM OF THE LEASE NO ADDITIONAL TAX IS DUE IF THE LESSEE PURCHASES THE LEASED VEHICLE.

Read the first time and referred to the Committee on Finance.


Printed Page 25 . . . . . Tuesday, January 12, 1999

S. 36 (Word version) -- Senators Waldrep, Elliott and Ryberg: 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.

Read the first time and referred to the Committee on Judiciary.

S. 37 (Word version) -- Senators Hayes, Elliott and Giese: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).

Read the first time and referred to the Committee on Judiciary.

S. 38 (Word version) -- Senators McConnell, Passailaigue, O'Dell, Elliott, Leventis and Wilson: A JOINT RESOLUTION TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE" AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".

Read the first time and referred to the Committee on Transportation.

S. 39 (Word version) -- Senators Matthews, Elliott and Hutto: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3530 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO COLLEGES AND UNIVERSITIES WHERE LOW


Printed Page 26 . . . . . Tuesday, January 12, 1999

INCOME STUDENTS COMPRISE FIFTY PERCENT OR MORE OF THE TOTAL STUDENT POPULATION AND TO DEFINE "LOW INCOME STUDENT".

Read the first time and referred to the Committee on Finance.

S. 40 (Word version) -- Senators Matthews and Hutto: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Read the first time and referred to the Committee on Finance.

S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Judiciary.

S. 42 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 59-40-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF CHARTER SCHOOLS, SO AS TO PROVIDE THAT CHARTER SCHOOLS SHALL HIRE NONCERTIFIED TEACHERS IN THE SAME PROPORTION AS ALLOWED FOR PUBLIC SCHOOLS AND TO DELETE THE PROVISION AUTHORIZING CHARTER SCHOOLS TO HIRE NONCERTIFIED TEACHERS IN RATIOS OF UP TO TEN PERCENT OR TWENTY-FIVE PERCENT, AS APPLICABLE, OF THE ENTIRE TEACHER STAFF OF THE SCHOOL.

Read the first time and referred to the Committee on Education.

S. 43 (Word version) -- Senator Jackson: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 1999".

Read the first time and referred to the Committee on Judiciary.


Printed Page 27 . . . . . Tuesday, January 12, 1999

S. 44 (Word version) -- Senators Jackson, Elliott and Wilson: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

Read the first time and referred to the Committee on Judiciary.

S. 45 (Word version) -- Senators Jackson and Elliott: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND


Printed Page 28 . . . . . Tuesday, January 12, 1999

SECTION 20-7-7805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY; AND TO AMEND CHAPTER 3, TITLE 13, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 11, THE "HATE CRIME OFFENDER REGISTRY.

Read the first time and referred to the Committee on Judiciary.

S. 46 (Word version) -- Senators Mescher and Elliott: A BILL TO AMEND SECTION 12-37-222, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT LEASED AND USED BY CHARITABLE, NOT-FOR-PROFIT OR GOVERNMENTAL HOSPITALS, SO AS TO PROVIDE CHURCHES AND ELEEMOSYNARY AND OTHER CHARITABLE ORGANIZATIONS A TAX EXEMPTION ON MOTOR VEHICLES LEASED AND USED IN THE CONDUCT OF THE BUSINESS OF THE CHURCH, ELEEMOSYNARY, OR OTHER CHARITABLE ORGANIZATION.

Read the first time and referred to the Committee on Finance.

S. 47 (Word version) -- Senators Mescher and Elliott: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM TAXATION, SO AS TO


Printed Page 29 . . . . . Tuesday, January 12, 1999

PROVIDE A TAX EXEMPTION FOR OWNERS OF MOTOR VEHICLES USED TO TRANSPORT BLIND OR WHEELCHAIR BOUND INDIVIDUALS.

Read the first time and referred to the Committee on Finance.

S. 48 (Word version) -- Senators Giese and Elliott: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2000.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 49 (Word version) -- Senator Giese: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING SECTION 33-15-111 AND SECTION 33-31-506, BOTH SO AS TO REQUIRE BIENNIAL FILING OF NOTIFICATION OF ITS CURRENT REGISTERED AGENT BY A CORPORATION WITH THE SECRETARY OF STATE; AND TO AMEND SECTION 33-1-220, AS AMENDED, AND SECTION 33-31-122, BOTH RELATING TO FILING FEES CHARGED BY THE SECRETARY OF STATE, SO AS TO INCLUDE THE TEN-DOLLAR FEE FOR BIENNIAL NOTIFICATION OF A CORPORATION'S CURRENT REGISTERED AGENT.

Read the first time and referred to the Committee on Judiciary.

S. 50 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT, AND TO PROVIDE PENALTIES FOR VIOLATION.

Read the first time and referred to the Committee on Judiciary.


Printed Page 30 . . . . . Tuesday, January 12, 1999

S. 51 (Word version) -- Senators Giese, Elliott and Wilson: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE OBTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO TWENTY THOUSAND DOLLARS.

Read the first time and referred to the Committee on Finance.

S. 52 (Word version) -- Senators Giese, Elliott and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS.

Read the first time and referred to the Committee on Education.

S. 53 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND SECTION 12-6-3390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A PERCENTAGE OF EXPENSES PAID TO A NURSING FACILITY OR FOR IN-HOME OR COMMUNITY CARE, SO AS TO ALSO AUTHORIZE THIS CREDIT FOR A PERCENTAGE OF PREMIUMS PAID FOR LONG-TERM CARE INSURANCE.

Read the first time and referred to the Committee on Finance.

S. 54 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-410 SO AS TO PROVIDE THAT IF THE COMPLETENESS OR ACCURACY OF AN ITEM OF INFORMATION CONTAINED IN A FILE OF A CONSUMER CREDIT REPORTING AGENCY REGARDING A CONSUMER IS DISPUTED BY THE CONSUMER, AND THE CONSUMER DIRECTLY CONVEYS IN WRITING TO THE AGENCY HIS DISPUTE, THE CONSUMER CREDIT REPORTING AGENCY SHALL REINVESTIGATE WITHIN SIXTY DAYS THAT


Printed Page 31 . . . . . Tuesday, January 12, 1999

INFORMATION, RECORD THE CURRENT STATUS OF THE INFORMATION, AND CORRECT THE INFORMATION IF THE REINVESTIGATION DETERMINES THAT THE EARLIER INFORMATION WAS INACCURATE, INCORRECT, OR INCOMPLETE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 55 (Word version) -- Senators Alexander and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-215 SO AS TO PROVIDE THAT A MAGISTRATE MAY DELEGATE TO HIS CLERK HIS AUTHORITY TO SIGN THE AFFIDAVIT UPON WHICH AN ARREST WARRANT IS ISSUED.

Read the first time and referred to the Committee on Judiciary.

S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

Read the first time and referred to the Committee on Judiciary.

S. 57 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL


Printed Page 32 . . . . . Tuesday, January 12, 1999

RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.

Read the first time and referred to the Committee on Judiciary.

S. 58 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION AND HEARINGS HELD BY THE COMMISSION, SO AS TO INCREASE THE COMMISSION MEMBERSHIP FROM EIGHTEEN TO THIRTY-SIX AND TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO APPOINT PAST MEMBERS TO SERVE ON HEARING PANELS.

Read the first time and referred to the Committee on Medical Affairs.

S. 59 (Word version) -- Senators Ryberg, Giese and Wilson: A SENATE RESOLUTION PROVIDING FOR THE REIMBURSEMENT OF LEGAL FEES INCURRED BY STATE EMPLOYEES RESPONDING TO SUBPOENAS ISSUED BY THE SENATE FINANCE COMMITTEE IN CONNECTION WITH THE CAPITAL GAINS INVESTIGATION AND TO PROVIDE THAT THIS REIMBURSEMENT IS PAID FROM APPROVED ACCOUNTS OF THE SENATE.

The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

Read the first time and referred to the Committee on Judiciary.

S. 61 (Word version) -- Senator Ford: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, SO AS TO ENACT THE "SOUTH CAROLINA HERITAGE ACT OF 1999" TO PROVIDE FOR PERMANENT PLACEMENT OF THE


Printed Page 33 . . . . . Tuesday, January 12, 1999

CONFEDERATE BATTLE FLAG AND OTHER APPROPRIATE FLAGS; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF THE STATE FLAG, SO AS TO PROVIDE FOR THE DISPLAY OF OTHER FLAGS; AND TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS AND TO DELETE ALL REFERENCES TO OPTIONAL HOLIDAYS.

Read the first time and referred to the Committee on Judiciary.

S. 62 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT; TO SECTION 3, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.

Read the first time and referred to the Committee on Judiciary.

S. 63 (Word version) -- Senator Ford: A JOINT RESOLUTION TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND


Printed Page 34 . . . . . Tuesday, January 12, 1999

TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT; AND TO PROVIDE FOR AN EFFECTIVE DATE OF JANUARY 1, 1999, FOR THESE PROVISIONS.

Read the first time and referred to the Committee on Judiciary.

S. 64 (Word version) -- Senator Ford: A BILL TO CREATE THE CHARLESTON COUNTY CONSOLIDATED SCHOOL DISTRICTS AND TO REPEAL ACT NO. 340 OF 1967, AS LAST AMENDED BY ACT NO. 139 OF 1969, SO AS TO ABOLISH THE SCHOOL DISTRICT OF CHARLESTON COUNTY.

Read the first time and ordered placed on the local and uncontested Calendar.

S. 65 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.

Read the first time and referred to the Committee on Judiciary.

S. 66 (Word version) -- Senators Hayes and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO PROVIDE THAT INSURANCE BENEFITS FOR THE TREATMENT OF MENTAL ILLNESS ARE SUBJECT TO THE SAME DEDUCTIBLES, DURATIONAL LIMITS, AND COINSURANCE FACTORS AS ARE INSURANCE BENEFITS FOR PHYSICAL ILLNESS GENERALLY, TO STIPULATE THE PROVIDERS WHO ARE AUTHORIZED TO PROVIDE CARE AND TREATMENT FOR MENTAL ILLNESS FOR PURPOSES OF THE ABOVE PROVISION, TO PROVIDE THAT SUCH BENEFITS ARE SUBJECT TO MANAGED INDIVIDUALIZED CARE COMPONENTS AND ARE SUBJECT


Printed Page 35 . . . . . Tuesday, January 12, 1999

TO A COINSURANCE RATE UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 67 (Word version) -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.

Read the first time and referred to the Committee on Judiciary.

S. 68 (Word version) -- Senators Hayes, O'Dell, Elliott, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO PROVIDE A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE DIRECT PAYROLL EXPENDITURE OF A MANUFACTURER FOR HIRING A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL TO WORK" PROGRAM.

Read the first time and referred to the Committee on Finance.

S. 69 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

Read the first time and referred to the Committee on Judiciary.

S. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.


Printed Page 36 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Judiciary.

S. 71 (Word version) -- Senators Hayes and Leventis: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.

Read the first time and referred to the Committee on Medical Affairs.

S. 72 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND SECTION 27-40-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, TENANT REMEDIES AND NONCOMPLIANCE BY A LANDLORD, SO AS TO PROVIDE THAT THE TENANT SHALL DELIVER WRITTEN NOTICE TO THE LANDLORD OF THE ACTS OR OMISSIONS CONSTITUTING NONCOMPLIANCE; TO AMEND SECTION 27-40-630, RELATING TO A LANDLORD'S WRONGFUL FAILURE TO PROVIDE ESSENTIAL SERVICES, SO AS TO REQUIRE THE TENANT TO GIVE WRITTEN NOTICE TO THE LANDLORD SPECIFYING THE BREACH AND PROVIDE THAT THE RIGHTS OF THE TENANT DO NOT ARISE UNTIL HE HAS GIVEN THE LANDLORD WRITTEN NOTICE; AND TO AMEND SECTION 27-40-640, RELATING TO A LANDLORD'S NONCOMPLIANCE AS A TENANT'S DEFENSE IN A LANDLORD'S ACTION FOR POSSESSION OR RENT, SO AS TO REQUIRE THE TENANT TO PROVIDE WRITTEN NOTICE OF THE DEFENSE OR COUNTERCLAIM TO THE LANDLORD AND THE COURT AT LEAST ONE DAY BEFORE THE HEARING AND PROVIDE THAT THE TENANT WAIVES VIOLATION OF THE LANDLORD'S DUTY WHERE THE TENANT DOES NOT PROVIDE WRITTEN NOTICE IN TIMELY FASHION OF THE VIOLATION IN CASES OF VIOLATION OF OTHER THAN ESSENTIAL SERVICES.

Read the first time and referred to the Committee on Judiciary.

S. 73 (Word version) -- Senators Reese, Elliott, Wilson and Courtney: A BILL TO AMEND SECTION 12-37-250 OF THE SOUTH CAROLINA CODE


Printed Page 37 . . . . . Tuesday, January 12, 1999

OF LAWS, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE FIRST THIRTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE DWELLING PLACE OF A PERSON IS EXEMPT FROM REAL ESTATE PROPERTY TAXES.

Read the first time and referred to the Committee on Finance.

S. 74 (Word version) -- Senators McConnell, Passailaigue, Elliott and Wilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Finance.

S. 75 (Word version) -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 36 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX, BY ADDING SECTION 12-36-160 SO AS TO ADD APPROPRIATE DEFINITIONS; TO AMEND SECTIONS 12-36-60, 12-36-70, 12-36-110, 12-36-120, 12-36-910, 12-36-1310, AND 12-36-2120 AS AMENDED, SO AS TO IMPOSE A FIVE PERCENT SALES AND USE TAX ON LOCAL TELECOMMUNICATION SERVICES, CABLE TELEVISION SUBSCRIBER SERVICES, AND PAGING SERVICES; AND TO REPEAL SECTION 12-36-2645, RELATING TO TAXES ON THE PROCEEDS OF 900/976 TELEPHONE SERVICES, SO AS TO REPEAL THE TEN PERCENT SALES TAX IMPOSED UPON THE PROCEEDS OF 900/976 TELEPHONE SERVICES.

Read the first time and referred to the Committee on Finance.

S. 76 (Word version) -- Senators McConnell, Passailaigue and O'Dell: A JOINT RESOLUTION POSTPONING FROM PROPERTY TAX YEAR 2000 TO PROPERTY TAX YEAR 2001 THE IMPLEMENTATION OF


Printed Page 38 . . . . . Tuesday, January 12, 1999

REVISED VALUES OF REAL PROPERTY RESULTING FROM A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM COMPLETED IN 1999.

Read the first time and referred to the Committee on Finance.

S. 77 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITY HOUSING AUTHORITIES, BY ADDING SECTION 31-3-470 SO AS TO REQUIRE A PUBLIC HEARING AND ASSESSMENT REPORT PRIOR TO ACQUIRING REAL PROPERTY FOR THE PURPOSE OF BUILDING A HOUSING PROJECT.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 78 (Word version) -- Senators McConnell and Leventis: A BILL TO AMEND SECTION 50-21-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR IMPROPER OPERATION OF A VESSEL, SO AS TO INCREASE PENALTIES FOR OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 79 (Word version) -- Senators Wilson, Courson, Elliott, Ryberg and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE REIMBURSEMENTS TO LOCAL TAXING ENTITIES FOR A PHASED-IN EXEMPTION FROM PROPERTY TAX OF PRIVATE PASSENGER MOTOR VEHICLES, TO PROVIDE THE METHOD OF CALCULATING THE EXEMPTION AND REIMBURSEMENT, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH THE EXEMPTION BECOMES TOTAL AND PERMANENT; AND TO AMEND SECTION 11-11-150, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THE AMOUNTS WHICH MUST BE CREDITED TO IT TO PAY THE REIMBURSEMENT REQUIRED BY SECTION 12-37-460 AS ADDED BY THIS ACT AND TO PROVIDE A TRUST FUND RESERVE.

Read the first time and referred to the Committee on Finance.


Printed Page 39 . . . . . Tuesday, January 12, 1999

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott and Hutto: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 81 (Word version) -- Senators Passailaigue, Elliott, Leventis, Giese and Wilson: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS.

Read the first time and referred to the Committee on Judiciary.

S. 82 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO EXTEND THE BENEFITS APPLICABLE TO A LEAST DEVELOPED COUNTY TO AN ECONOMIC IMPACT ZONE AND TO MAKE THE CREDIT APPLICABLE TO ADDITIONAL FACILITIES, INCLUDING COMPUTER SOFTWARE DEVELOPMENT, MOTION PICTURE PRODUCTION, AND WATER TRANSPORTATION FACILITIES; TO AMEND SECTION 12-6-3410, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ADD FURTHER QUALIFYING CRITERIA; AND TO AMEND SECTION 12-37-220,


Printed Page 40 . . . . . Tuesday, January 12, 1999

RELATING TO THE PROPERTY TAX EXEMPTION FOR CORPORATE HEADQUARTERS, SO AS TO ADD FURTHER QUALIFYING CRITERIA.

Read the first time and referred to the Committee on Finance.

S. 83 (Word version) -- Senators Passailaigue, McConnell and Elliott: A BILL TO AMEND SECTION 61-6-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIBOTTLE PERMITS, SO AS TO PROVIDE FOR THE OPTION OF AN ANNUAL FIFTY-TWO WEEK TEMPORARY NON-REFUNDABLE PERMIT FOR A FEE OF THREE THOUSAND DOLLARS PER YEAR AND TO PROVIDE THAT THE STATE MUST REIMBURSE COUNTIES AND MUNICIPALITIES FOR THE LOSS OF REVENUE CAUSED BY THIS OPTION.

Read the first time and referred to the Committee on Judiciary.

S. 84 (Word version) -- Senators Thomas and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-45 SO AS TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY PROVIDING SERVICES TO THE DEPARTMENT OF JUVENILE JUSTICE MUST BE COMMISSIONED AS STATE CONSTABLES; TO AMEND SECTIONS 1-30-90 AND 23-6-20, BOTH AS AMENDED, AND BOTH RELATING TO THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO TRANSFER THE DEPARTMENT OF JUVENILE JUSTICE, DIVISION OF PUBLIC SAFETY, TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-6860, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL AND PUBLIC SAFETY OFFICERS, SO AS TO PROVIDE THAT THESE PUBLIC SAFETY EMPLOYEES ARE EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY; AND TO PROVIDE TRANSITION PROVISIONS FOR THE TRANSFER.

Read the first time and referred to the Committee on Judiciary.

S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL


Printed Page 41 . . . . . Tuesday, January 12, 1999

OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.

Read the first time and referred to the Committee on Corrections and Penology.

S. 86 (Word version) -- Senators Thomas, Elliott and Ryberg: A BILL TO AMEND SECTION 12-37-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRORATED REFUND OF PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE WHEN THE TITLE TO THE VEHICLE IS TRANSFERRED OR THE VEHICLE IS REGISTERED IN ANOTHER STATE, SO AS TO AUTHORIZE A PRORATED REFUND OF TAXES FOR THE PERIOD BETWEEN THE TRANSFER OF THE VEHICLE TITLE AND THE TRANSFERRING OF THE LICENSE PLATE TO ANOTHER VEHICLE, TO REQUIRE THIS PERIOD TO BE AT LEAST THIRTY DAYS BEFORE ANY REFUND IS DUE, TO PROVIDE THE METHOD OF CLAIMING THE REFUND, AND TO DIRECT THE DEPARTMENTS OF REVENUE AND PUBLIC SAFETY JOINTLY TO PRESCRIBE THE APPROPRIATE FORM AND METHODS OF PROVING ELIGIBILITY.

Read the first time and referred to the Committee on Finance.

S. 87 (Word version) -- Senators Thomas and Elliott: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.

Read the first time and referred to the Committee on Judiciary.

S. 88 (Word version) -- Senator Thomas: A BILL TO REPEAL CHAPTER 31, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING A PERSON, LICENSED OR NOT, FROM PRACTICING NATUROPATHY AND PENALTIES FOR ENGAGING IN SUCH PRACTICE.

Read the first time and referred to the Committee on Medical Affairs.

S. 89 (Word version) -- Senators Thomas and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 42 . . . . . Tuesday, January 12, 1999

SECTION 56-1-125 SO AS TO PROVIDE THAT BOOKLETS OR INSTRUCTIONAL MATERIALS DESIGNED TO EDUCATE APPLICANTS FOR A SOUTH CAROLINA DRIVER'S LICENSE OR PERMIT SHALL BE PRINTED IN SPANISH AND IN ANY OTHER LANGUAGE IN WHICH THE WRITTEN EXAMINATION FOR THAT PARTICULAR LICENSE IS GIVEN.

Read the first time and referred to the Committee on Transportation.

S. 90 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4795 SO AS TO REQUIRE FLUORESCENT TAPE ON THE SIDES AND REAR OF A TRAILER, SEMITRAILER, OR POLE TRAILER WEIGHING IN EXCESS OF THREE THOUSAND POUNDS GROSS WEIGHT.

Read the first time and referred to the Committee on Transportation.

S. 91 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 10 SO AS TO PERMIT THE USE OF TEMPORARY HOUSING TO HOUSE INMATES INCARCERATED IN THE STATE PRISON SYSTEM AND IN COUNTY JAILS, AND TO PROVIDE FOR INSPECTIONS OF TEMPORARY HOUSING FACILITIES; AND TO REPEAL CHAPTER 9, TITLE 24, RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.

Read the first time and referred to the Committee on Corrections and Penology.

S. 92 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DISCRIMINATION BETWEEN INDIVIDUALS WITH REGARD TO ACCIDENT AND HEALTH INSURANCE TERMS, CONDITIONS, AND BENEFITS PAID FOR SERVICES, SO AS TO EXTEND THIS PROHIBITION TO SERVICES RENDERED BY A LICENSED CHIROPRACTOR.

Read the first time and referred to the Committee on Banking and Insurance.

S. 93 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 61-4-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 43 . . . . . Tuesday, January 12, 1999

OPEN CONTAINERS OF BEER OR WINE IN VEHICLES, SO AS TO ELIMINATE THE LANGUAGE DESCRIBING THE VEHICLE AS ONE "LICENSED TO TRAVEL IN THIS STATE OR ANY OTHER STATE".

Read the first time and referred to the Committee on Judiciary.

S. 94 (Word version) -- Senators Giese, Passailaigue, Elliott, Leventis and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.

Read the first time and referred to the Committee on Judiciary.

S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.

Read the first time and referred to the Committee on Medical Affairs.


Printed Page 44 . . . . . Tuesday, January 12, 1999

S. 96 (Word version) -- Senators Thomas, Elliott, Courtney, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE.

Read the first time and referred to the Committee on Corrections and Penology.

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

Read the first time and referred to the Committee on Judiciary.

S. 98 (Word version) -- Senators Giese and Leventis: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS OFFICE OF HUMAN RESOURCES IN THE OPERATION OF THE STATE PERSONNEL SYSTEM, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A SCHEDULE OF ANNUAL LONGEVITY BASE PAY INCREASES FOR CLASSIFIED STATE EMPLOYEES LIMITED TO TWENTY LONGEVITY RAISES FOR A SINGLE EMPLOYEE AND A SCHEDULE OF BASE PAY INCREASES FOR CLASSIFIED EMPLOYEES WHO OBTAIN ADDITIONAL EDUCATIONAL QUALIFICATIONS DIRECTLY RELATED TO IMPROVING JOB PERFORMANCE AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Finance.

S. 99 (Word version) -- Senators Giese, Elliott and Leventis: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS,


Printed Page 45 . . . . . Tuesday, January 12, 1999

AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 1999, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.

Read the first time and referred to the Committee on Medical Affairs.

S. 100 (Word version) -- Senators McConnell, Passailaigue, Ford, Mescher, Ravenel, Branton, Grooms and Elliott: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.

Read the first time and referred to the Committee on Finance.

S. 101 (Word version) -- Senators Passailaigue, Elliott and Wilson: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-145 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH ADVERTISING AND THE SALE OF ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.

Read the first time and referred to the Committee on Finance.


Printed Page 46 . . . . . Tuesday, January 12, 1999

S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.

Read the first time and referred to the Committee on Judiciary.

S. 103 (Word version) -- Senators Passailaigue, McConnell, Elliott, Ryberg, Giese and Wilson: A JOINT RESOLUTION TO ALLOW A SOUTH CAROLINA INDIVIDUAL INCOME TAX PAYER WHO RECEIVED RETIREMENT INCOME FOR TAXABLE YEARS 1994 THROUGH 1997 A DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME FOR RETIREMENT INCOME RECEIVED IN YEARS 1994 THROUGH 1997, NOT TO EXCEED THREE THOUSAND DOLLARS FOR EACH YEAR FOR WHICH NO RETIREMENT DEDUCTION WAS CLAIMED, AND TO PROVIDE THAT THIS SECTION APPLIES REGARDLESS OF WHETHER THE SOUTH CAROLINA INDIVIDUAL INCOME TAXPAYER ELECTED TO DEFER A RETIREMENT DEDUCTION UNTIL AGE 65 PURSUANT TO SECTION 12-6-1170 OF THE 1976 CODE.

Read the first time and referred to the Committee on Finance.

S. 104 (Word version) -- Senators Passailaigue and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION BALLOTS, BY ADDING SECTION 7-13-324 SO AS TO PROVIDE THAT IN ALL GENERAL, SPECIAL, OR PRIMARY ELECTIONS IN THIS STATE FOR ANY OFFICE, BALLOTS MUST CONTAIN A "NONE OF THESE CANDIDATES" SELECTION.

Read the first time and referred to the Committee on Judiciary.

S. 105 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145 SO AS TO PROVIDE THAT, WHEN AN APPLICATION FOR A BEER AND WINE PERMIT, RETAIL LIQUOR LICENSE, OR MINIBOTTLE LICENSE FILED WITH THE DEPARTMENT OF


Printed Page 47 . . . . . Tuesday, January 12, 1999

REVENUE IS DENIED, NO APPLICATION FOR A SIMILAR PERMIT OR LICENSE FOR THE SPECIFIC LOCATION THAT WAS THE SUBJECT OF THE DENIED APPLICATION MAY BE FILED WITH THE DEPARTMENT WITHIN ONE YEAR OF THE DATE THE APPLICATION WAS DENIED.

Read the first time and referred to the Committee on Judiciary.

S. 106 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION RECEIVED AND COMPILED BY A GOVERNMENTAL ENTITY REGARDING PROPRIETARY FUNCTIONS OF ITS CUSTOMERS MAY NOT BE RELEASED BY THE GOVERNMENTAL ENTITY EXCEPT FOR CERTAIN PURPOSES.

Read the first time and referred to the Committee on Judiciary.

S. 107 (Word version) -- Senators Hayes, Elliott, Leventis and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-345, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT OFFER A PERSON'S DRIVER'S RECORD FOR SALE.

Read the first time and referred to the Committee on Transportation.

S. 108 (Word version) -- Senator Giese: A SENATE RESOLUTION TO AMEND RULE 48, RULES OF THE SENATE, RELATING TO INVITATIONS, SO AS TO PROHIBIT THE ACCEPTANCE OF ANY INVITATIONS TO EVENTS WHICH ARE TO BE HELD BETWEEN THE HOURS OF NOON AND 2:00 P.M.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 109 (Word version) -- SenatorsThomas and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.

Read the first time and referred to the Committee on Judiciary.


Printed Page 48 . . . . . Tuesday, January 12, 1999

S. 110 (Word version) -- Senators Thomas and Elliott: A BILL TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-15-110 SO AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON CLAIMING A LIEN AGAINST PROPERTY UNDER THE PROVISIONS OF THIS CHAPTER MUST GIVE CERTAIN NOTICE TO THE OWNER OF THE PROPERTY, THE PERSON FROM WHOM POSSESSION OF THE PROPERTY WAS OBTAINED, THE HOLDER OF SECURITY INTERESTS, ANY OTHER LIENHOLDER, AND TO ANY OTHER PERSON HAVING OR CLAIMING AN INTEREST IN THE PROPERTY, TO PROVIDE THAT WHENEVER OWNERSHIP OR LIENS AGAINST PROPERTY SOUGHT TO BE SOLD TO SATISFY A CLAIMED LIEN IS EVIDENCED BY A LICENSE, TITLE, REGISTRATION, OR OTHER PUBLIC RECORD OF OWNERSHIP, THE OWNER OF RECORD AND HOLDERS OF SECURITY INTERESTS AND OTHER LIENS MUST BE GIVEN WRITTEN NOTICE OF THE CLAIMED LIEN AND PROPOSED SALE, TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE, AND THAT FAILURE TO GIVE SUCH NOTICE RENDERS ANY SALE OF THE PROPERTY TO SATISFY THE LIEN VOID AB INITIO AND OF NO EFFECT, AND TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE AND FOR THE MANNER AND FORM FOR PROOF OF IT.

Read the first time and referred to the Committee on Banking and Insurance.

S. 111 (Word version) -- Senators Thomas, Elliott, Ryberg and Wilson: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INMATES AND CORRECTIONS, BY ADDING CHAPTER 29 SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH A PRIVATE VENDOR FOR THE FINANCING, CONSTRUCTION, MANAGEMENT, OR OPERATION OF A STATE CORRECTIONAL FACILITY, TO PROVIDE THE TERMS, CONDITIONS, AND PROCEDURES UNDER WHICH THIS AUTHORITY IS GRANTED, AND TO AUTHORIZE THE DEPARTMENT TO ALSO ENTER INTO LEASE-PURCHASE OR INSTALLMENT CONTRACTS WITH PRIVATE VENDORS TO ACQUIRE A STATE CORRECTIONAL FACILITY.


Printed Page 49 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Corrections and Penology.

S. 112 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-3-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE SELLER, RATHER THAN THE PURCHASER, OF NEWLY ACQUIRED VEHICLES TO REGISTER AND LICENSE SUCH VEHICLES.

Read the first time and referred to the Committee on Transportation.

S. 113 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES, BY ADDING SECTION 43-3-115 SO AS TO REQUIRE THE DEPARTMENT TO BE FINANCIALLY RESPONSIBLE FOR PROVIDING OFFICE SPACE AND RELATED FACILITY EXPENSES FOR COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES AND TO FURTHER PROVIDE THAT BEGINNING IN FISCAL YEAR 2000-2001, THE DISBURSEMENT MADE TO EACH COUNTY AS A PART OF AID TO SUBDIVISIONS SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SUMS PAID BY THE RESPECTIVE COUNTY FOR COUNTY OFFICE EXPENSES.

Read the first time and referred to the Committee on Finance.

S. 114 (Word version) -- Senator Short: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A LICENSE TAG WITH A SPECIAL NUMBER OR IDENTIFICATION AUTHORIZED FOR PERSONS REQUIRED TO USE WHEELCHAIRS OR DISABLED BY IMPAIRMENT IN MOBILITY SO AS TO PROVIDE THE AUTHORIZATION FOR THE DEPARTMENT TO ISSUE A MOTORCYCLE TAG TO AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THIS SECTION.

Read the first time and referred to the Committee on Transportation.

S. 115 (Word version) -- Senators Mescher, Elliott and Giese: A JOINT RESOLUTION TO CREATE AN ELECTRIC INDUSTRY DEREGULATION TASK FORCE TO STUDY AND REPORT ON ALL PHASES OF THE ELECTRIC UTILITY SYSTEM IN ORDER


Printed Page 50 . . . . . Tuesday, January 12, 1999

TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF ELECTRIC INDUSTRY DEREGULATION.

Read the first time and referred to the Committee on Judiciary.

S. 116 (Word version) -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210, AS AMENDED, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 117 (Word version) -- Senators Mescher and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-43 SO AS TO PROVIDE THAT NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE HAS FILED A STATEMENT OF INTENTION TO SEEK THE OFFICE AS A WRITE-IN CANDIDATE TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND PROVIDE FOR APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.

Read the first time and referred to the Committee on Judiciary.

S. 118 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 119 (Word version) -- Senators Mescher and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 51 . . . . . Tuesday, January 12, 1999

SECTION 59-112-75 SO AS TO PROVIDE THAT PUBLIC SCHOOL TEACHERS MAY RECEIVE A TUITION VOUCHER FOR ONE COURSE AT AN ISSUING STATE INSTITUTION WHEN SUPERVISING STUDENTS WHO ARE COMPLETING THEIR EDUCATIONAL DEGREE REQUIREMENTS.

Read the first time and referred to the Committee on Education.

S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

Read the first time and referred to the Committee on Judiciary.

S. 121 (Word version) -- Senators Mescher and Elliott: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROVIDERS OF INSURANCE OR SECURITY NOTIFY THE


Printed Page 52 . . . . . Tuesday, January 12, 1999

DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF TERMINATION OR LAPSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE NOTIFICATION OF LAPSE UNDER ANY CIRCUMSTANCE.

Read the first time and referred to the Committee on Judiciary.

S. 122 (Word version) -- Senators Passailaigue, McConnell, O'Dell and Elliott: A BILL TO AMEND SECTION 1-23-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO ENACT THE "STEALTH TAX PREVENTION ACT", WHICH INCLUDES WITHIN THE DEFINITION OF "REGULATION" CERTAIN REVENUE RULINGS AND REVENUE PROCEDURES OF THE DEPARTMENT OF REVENUE THAT INCREASE STATE OR LOCAL REVENUE.

Read the first time and referred to the Committee on Finance.

S. 123 (Word version) -- Senators Martin and Ryberg: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1305 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SPENDS MORE THAN THE CAMPAIGN CONTRIBUTION LIMITS AS SPECIFIED IN SECTION 8-13-1314 TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR BALLOT MEASURE MUST FILE A STATEMENT WITH THE ELECTION COMMISSION AS PROVIDED IN THIS ACT; AND TO AMEND ARTICLE 15, CHAPTER 13, TITLE 8 OF THE 1976 CODE BY ADDING SECTION 8-13-1530 SO AS TO PROVIDE THAT AN ACTION TO ENFORCE THE REPORTING REQUIREMENTS OF THIS CHAPTER MAY BE BROUGHT IN THE CIRCUIT COURT SITTING IN RICHLAND COUNTY DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION IF THE ACTION IS OTHERWISE TIMELY AS PROVIDED BY THE LAWS OF THIS STATE.

Read the first time and referred to the Committee on Judiciary.

S. 124 (Word version) -- Senators Passailaigue, McConnell and Elliott: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS


Printed Page 53 . . . . . Tuesday, January 12, 1999

STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-6-1150, RELATING TO THE DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF A PORTION OF NET CAPITAL GAIN FOR PURPOSES OF THE SOUTH CAROLINA TAX ACT, SO AS TO REVISE THE DEDUCTION TO REFLECT CHANGES IN FEDERAL INCOME TAX RATES APPLICABLE TO SUCH GAIN AND TO CONFORM TO FEDERAL LAW THE HOLDING PERIOD REQUIRED FOR ELIGIBILITY FOR THE DEDUCTION.

Read the first time and referred to the Committee on Finance.

S. 125 (Word version) -- Senators Passailaigue, McConnell, Elliott and Wilson: A BILL TO AMEND CHAPTER 2 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING TAXATION, BY ADDING SECTION 12-2-80 SO AS TO ESTABLISH A STATE POLICY AGAINST STATE AND LOCAL GOVERNMENT INTERFERENCE WITH COMMERCE ON THE INTERNET OR INTERACTIVE COMPUTER SERVICES.

Read the first time and referred to the Committee on Finance.

S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED


Printed Page 54 . . . . . Tuesday, January 12, 1999

OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.

Read the first time and referred to the Committee on Judiciary.

S. 127 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.

Read the first time and referred to the Committee on Judiciary.

S. 128 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 48 SO AS TO ENACT THE COMMUNITY HEALTH AND SAFETY ACT OF 1999, INCLUDING PROVISIONS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.

Read the first time and referred to the Committee on Medical Affairs.

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 RENAME JOHNS ISLAND 5A VOTING PRECINCT TO KIAWAH ISLAND VOTING PRECINCT.

Read the first time and referred to the Committee on Judiciary.

S. 130 (Word version) -- Senators Passailaigue, McConnell, Wilson, Elliott and Giese: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED,


Printed Page 55 . . . . . Tuesday, January 12, 1999

OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A DEDUCTION OF ONE HUNDRED PERCENT OF TAXABLE INCOME FOR TAXPAYERS AT LEAST SIXTY-FIVE YEARS OF AGE, PHASED IN OVER FIVE TAXABLE YEARS WITH A MAXIMUM DEDUCTION OF $17,500 FOR THE 1998 TAXABLE YEAR, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS DEDUCTION.

Read the first time and referred to the Committee on Finance.

S. 131 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Transportation.

S. 132 (Word version) -- Senators Passailaigue and Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW DANIEL ISLAND INTERCHANGE OFF THE MARK CLARK EXPRESSWAY IN HONOR OF MASTER BLACKSMITH PHILIP SIMMONS.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 133 (Word version) -- Senator Leventis: A SENATE RESOLUTION TO AMEND RULE 19 OF THE RULES OF THE SENATE SO AS TO PROVIDE CONCURRENT JURISDICTION BETWEEN THE SENATE MEDICAL AFFAIRS COMMITTEE AND THE SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE OVER LEGISLATION, APPOINTMENTS, AND OTHER MATTTERS UNDER TITLE 48 OF THE SOUTH CAROLINA CODE REGARDING POLLUTION CONTROL, WASTE MANAGEMENT, AND WATER & SEWER.

The Senate Resolution was introduced and referred to the Committee on Rules.


Printed Page 56 . . . . . Tuesday, January 12, 1999

S. 134 (Word version) -- Senators Passailaigue, McConnell, Elliott, Ryberg and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO EXERCISE CONGRESSIONAL JURISDICTION OVER COMMERCE OVER THE INTERNET BY ESTABLISHING A MORATORIUM ON THE IMPOSITION OF EXACTIONS THAT WOULD INTERFERE WITH THE FLOW OF COMMERCE VIA THE INTERNET.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 135 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED, OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS.

Read the first time and referred to the Committee on Finance.

S. 136 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue and Giese: A BILL TO AMEND SECTION 42-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIPTS FOR THE CREDIT OF THE STATE ACCIDENT FUND AND EXPENDITURES FROM THE FUND, SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION TRUST FUND BALANCE SHALL NOT BE TREATED AS "CARRY FORWARD" REVENUE BUT MUST BE MANAGED SO AS TO APPROXIMATE THE ANNUAL ACTUARIAL ESTIMATE OF INCURRED BUT UNPAID LIABILITIES.

Read the first time and referred to the Committee on Judiciary.

S. 137 (Word version) -- Senators Drummond, Lander and Giese: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS SO AS TO PROVIDE FOR NINETY PERCENT REIMBURSEMENT OF LOST REVENUES TO SCHOOL DISTRICTS IN THE LAST QUARTER OF THE CALENDAR YEAR ON OCTOBER 1 INSTEAD OF ON DECEMBER 1.

Read the first time and referred to the Committee on Finance.


Printed Page 57 . . . . . Tuesday, January 12, 1999

S. 138 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-13-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF SERIOUS OR REPETITIVE RULE VIOLATIONS OF THE INSTITUTION, IS NOT ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED, RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IN PLACE OF THE YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER AGE TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF


Printed Page 58 . . . . . Tuesday, January 12, 1999

PROBATION, PAROLE, AND PARDON SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS ABOUT YOUTHFUL OFFENDERS; TO AMEND SECTION 24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150, RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IS OF THE OPINION THAT A YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION PROGRAMS, SO

Printed Page 59 . . . . . Tuesday, January 12, 1999

AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530, THE VICTIMS AND WITNESSES BILL OF RIGHTS, AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A COMMUNITY SUPERVISION PROGRAM.

Read the first time and referred to the Committee on Corrections and Penology.

S. 139 (Word version) -- Senators Peeler, Giese and Leventis: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

S. 140 (Word version) -- Senator Courtney: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7 SO AS TO ESTABLISH PROCEDURES FOR OBTAINING FINANCIAL ASSURANCE FROM GENERATORS OF HAZARDOUS WASTE OR A PROCESSOR OF TOXIC CHEMICALS AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

S. 141 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AND LICENSURE OF PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS, BY ADDING


Printed Page 60 . . . . . Tuesday, January 12, 1999

ARTICLE 7 SO AS TO, AMONG OTHER THINGS, ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, AND TO ESTABLISH PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Medical Affairs.

S. 142 (Word version) -- Senator Glover: A BILL TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-590, SO AS TO PROVIDE THAT ANY PERSON WHO WAS AN EMPLOYEE OF THE FORMER SOUTH CAROLINA REINSURANCE FACILITY MAY PARTICIPATE IN THE STATE RETIREMENT SYSTEM PROVIDED THAT THE PERSON PURCHASES THE TIME THAT IS TO BE CREDITED TO THE RETIREMENT SYSTEM.

Read the first time and referred to the Committee on Finance.

S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.

Read the first time and ordered placed on the local and uncontested Calendar.

S. 144 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXEMPT FROM THE SALES TAX FOOD ITEMS WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT A CUMULATIVE THIRTY PERCENT OF ESTIMATED RECURRING GENERAL FUND REVENUE GROWTH FOR EACH YEAR, NOT TO EXCEED THE REQUIRED AMOUNT, IS DEEMED SALES TAX REVENUE FOR PURPOSES OF OFFSETTING THE REVENUE LOSS OF THE EXEMPTION, TO PHASE IN THE EXEMPTION OVER A NUMBER OF FISCAL YEARS UNTIL IT IS A ONE HUNDRED PERCENT PERMANENT EXEMPTION AND PROVIDE THE METHOD OF CALCULATION OF THE EXEMPTION PERCENTAGE AMOUNT FOR THE


Printed Page 61 . . . . . Tuesday, January 12, 1999

FISCAL YEARS BEFORE THE EXEMPTION BECOMES A COMPLETE EXEMPTION.

Read the first time and referred to the Committee on Finance.

S. 145 (Word version) -- Senators Jackson, Wilson and Elliott: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY"; AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING SECTION 56-3-7900 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.

Read the first time and referred to the Committee on Judiciary.

S. 146 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 28 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO REQUIRE ALL STATE, COUNTY, MUNICIPAL, LOCAL AND OTHER GOVERNMENTAL ENTITIES WHICH ADMINISTER LAND USE REGULATIONS TO ADOPT REGULATIONS AND INTERNAL PROCEDURES FOR APPRAISING PROPERTY AND COMPENSATING PROPERTY OWNERS FOR PROPERTY TAKEN UNDER EMINENT DOMAIN PROCEDURES; AND TO PROVIDE FOR INVERSE CONDEMNATION ACTION BY A PROPERTY OWNER.

Read the first time and referred to the Committee on Judiciary.

S. 147 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFULLY CARRYING A PISTOL, SO AS TO PROVIDE THAT A RETIRED, PREVIOUSLY-COMMISSIONED LAW ENFORCEMENT OFFICER LAWFULLY MAY CARRY A PISTOL AND DELETE THE REQUIREMENT THAT HE WORKS AS A PRIVATE DETECTIVE OR INVESTIGATOR, AND THAT A LAW ENFORCEMENT OFFICER WHO HAS COMPLETED SUCCESSFULLY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY'S FIREARMS QUALIFICATION COURSE AND WHO


Printed Page 62 . . . . . Tuesday, January 12, 1999

COMPLIES WITH HIS EMPLOYING AGENCY'S FIREARMS POLICY MAY CARRY CERTAIN FIREARMS WHILE OFF DUTY.

Read the first time and referred to the Committee on Judiciary.

S. 148 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ARTICLE 11, CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATRIOT'S POINT DEVELOPMENT AUTHORITY, BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER FUNDS FROM YEAR TO YEAR AND TO HOLD ALL EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY.

Read the first time and referred to the Committee on Finance.

S. 149 (Word version) -- Senators McConnell, Elliott and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-25 SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A PARENT OR GUARDIAN WHOSE CHILD OR WARD WILL REACH THE AGE OF FOUR, FIVE, OR SIX BEFORE THE END OF DECEMBER OF A PARTICULAR SCHOOL YEAR MAY ELECT TO HAVE THAT CHILD BEGIN FOUR-YEAR-OLD KINDERGARTEN, FIVE-YEAR-OLD KINDERGARTEN, OR THE FIRST GRADE AS APPLICABLE IF IN THE PARENT'S OR GUARDIAN'S OPINION THE CHILD IS PHYSICALLY AND MENTALLY READY TO BEGIN THAT GRADE, TO PROVIDE THAT BEGINNING IN SCHOOL YEAR 2000-2001 A CHILD WHOSE BIRTHDAY FALLS BEFORE THE END OF DECEMBER MAY TAKE A "CHALLENGE TEST" ADMINISTERED AND DEVELOPED BY THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER THE CHILD IS INTELLECTUALLY PREPARED TO BEGIN KINDERGARTEN OR FIRST GRADE THAT YEAR AS MAY BE APPLICABLE, TO PROVIDE THAT THE AGE RESTRICTIONS OF SECTION 59-63-20 DO NOT APPLY TO A CHILD WHO PASSES THE "CHALLENGE TEST", TO PROVIDE THAT A SCHOOL DISTRICT IS ENTITLED TO STATE AID FOR ANY STUDENT WHO IS ENROLLED PURSUANT TO THIS SECTION, AND TO PROVIDE FOR THE IMPLEMENTATION OF REGULATIONS TO ADMINISTER THE PROGRAM.

Read the first time and referred to the Committee on Education.


Printed Page 63 . . . . . Tuesday, January 12, 1999

S. 150 (Word version) -- Senators Wilson, Elliott and Leventis: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

Read the first time and referred to the Committee on Transportation.

S. 151 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF


Printed Page 64 . . . . . Tuesday, January 12, 1999

THE UNITED STATES TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE.

Read the first time and referred to the Committee on Finance.

S. 152 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 29-5-90 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A LIENHOLDER HAS 120 DAYS, INSTEAD OF NINETY DAYS, AFTER THE WORK IS PERFORMED OR THE GOODS PROVIDED, TO SERVE NOTICE ON THE OWNER; AND TO AMEND SECTION 29-5-120 OF THE 1976 CODE, AS AMENDED, TO PROVIDE THAT A SUIT FOR ENFORCING THE LIEN MUST BE COMMENCED WITHIN SEVEN MONTHS AFTER THE PERSON DESIRING TO AVAIL HIMSELF THEREOF CEASES TO LABOR ON OR FURNISH LABOR OR MATERIAL FOR SUCH BUILDING OR STRUCTURES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 153 (Word version) -- Senators Hutto, Elliott and Passailaigue: A BILL TO AMEND SECTION 12-6-3385 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED; AND TO AMEND SECTION 59-149-90 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG-RELATED OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.

Read the first time and referred to the Committee on Education.

S. 154 (Word version) -- Senators Passailaigue and Giese: A JOINT RESOLUTION TO CREATE THE VETERANS' MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

Read the first time and referred to the General Committee.


Printed Page 65 . . . . . Tuesday, January 12, 1999

S. 155 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Transportation.

S. 156 (Word version) -- Senators Wilson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-715 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.

Read the first time and referred to the Committee on Judiciary.

S. 157 (Word version) -- Senator Wilson: A BILL TO REPEAL SECTION 12-60-1755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY TREASURER'S DUTY TO CREDIT PROPERTY TAXES PAID IN ERROR OR ORIGINALLY ERRONEOUSLY CREDITED.

Read the first time and referred to the Committee on Finance.

S. 158 (Word version) -- Senator Washington: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 25 SO AS TO ENACT THE INCOME TAX CREDIT FOR PROPERTY TAX RELIEF ACT.

Read the first time and referred to the Committee on Finance.

S. 159 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN OVER THREE FISCAL YEARS AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO PROVIDE FOR THE APPLICATION OF THE LOCAL SALES AND USE TAX ON SALES AND CONSUMPTION OF THESE FOOD ITEMS THROUGH JUNE 30, 2002, AFTER WHICH


Printed Page 66 . . . . . Tuesday, January 12, 1999

THESE ITEMS ARE WHOLLY EXEMPT FROM THE STATE AND LOCAL SALES AND USE TAX.

Read the first time and referred to the Committee on Finance.

S. 160 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 16-1-57 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY OFFENSES, SO AS TO EXCLUDE CERTAIN SHOPLIFTING OFFENSES FROM THE PROVISIONS OF THIS SECTION, AND TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE PENALTIES AND TO PROVIDE THAT ONLY THOSE OFFENSES OCCURRING WITHIN A PERIOD OF TEN YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR OFFENSES FOR PURPOSES OF THIS SECTION.

Read the first time and referred to the Committee on Judiciary.

S. 161 (Word version) -- Senators Washington, Elliott and Leventis: A BILL TO AMEND SECTION 59-71-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BONDS, SO AS TO PROVIDE REVENUE RAISED AS A RESULT OF THE PASSAGE OF A BOND REFERENDUM WHICH IDENTIFIES A PARTICULAR PROJECT OR PROJECTS MAY ONLY BE UTILIZED FOR THE PURPOSE OF FUNDING THE PROJECT OR PROJECTS IDENTIFIED AT THE TIME OF CONSIDERATION OF THE ISSUE BY THE VOTERS.

Read the first time and referred to the Committee on Education.

S. 162 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-135 SO AS TO PROVIDE THAT A GROUP III CONSTABLE WORKING FOR A STATE AGENCY ON A NONPAID BASIS SHALL NEVERTHELESS BE CONSIDERED A STATUTORY EMPLOYEE FOR THE PURPOSE OF RECEIVING WORKER'S COMPENSATION BENEFITS.

Read the first time and referred to the Committee on Judiciary.

S. 163 (Word version) -- Senators Wilson and Ryberg: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES


Printed Page 67 . . . . . Tuesday, January 12, 1999

FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.

Read the first time and referred to the Committee on Judiciary.

S. 164 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 22-5-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF RECOGNIZANCE FOR AN ACCUSED IN MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, IF THE DEFENDANT SHALL FAIL TO APPEAR FOR THE TRIAL OR PROCEEDING REGARDING SUCH OFFENSE, THE MAGISTRATE MAY ESCHEAT TO THE AMOUNT OF THE RECOGNIZANCE.

Read the first time and referred to the Committee on Judiciary.

S. 165 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED


Printed Page 68 . . . . . Tuesday, January 12, 1999

PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE HAD TWENTY ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.

Read the first time and referred to the Committee on Judiciary.

S. 166 (Word version) -- Senator Thomas: A BILL TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES, RESTRICTIONS, AND RIGHTS OF TELEPHONE COMPANIES, BY ADDING SECTION 58-9-395 SO AS TO PROVIDE THAT ALL TELEPHONE COMPANIES DOING BUSINESS IN THIS STATE SHALL BE ANSWERABLE IN DAMAGES FOR INJURY RESULTING FROM THEIR ACTS OF NEGLIGENCE, WANTONNESS, WILLFULNESS, OR RECKLESSNESS, AND TO PROVIDE FOR RELATED MATTERS.

Read the first time and referred to the Committee on Judiciary.

S. 167 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25 OF TITLE 40 OF THE 1976 CODE ARE DEVOLVED UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONS LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Read the first time and referred to the Committee on Medical Affairs.

S. 168 (Word version) -- Senators Washington and Leventis: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND


Printed Page 69 . . . . . Tuesday, January 12, 1999

INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.

Read the first time and referred to the Committee on Judiciary.

S. 169 (Word version) -- Senator Washington: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF REVENUE FROM LOCAL HOSPITALITY AND ACCOMMODATIONS TAXES, SO AS TO ELIMINATE THE REQUIREMENT THAT NINE HUNDRED THOUSAND DOLLARS IN STATE ACCOMMODATIONS TAXES MUST BE COLLECTED IN A COUNTY BEFORE REVENUE GENERATED BY A LOCAL ACCOMMODATIONS TAX OR LOCAL HOSPITALITY TAX MAY BE USED TO PROVIDE POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY PREPAREDNESS OPERATIONS.

Read the first time and referred to the Committee on Finance.

S. 170 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL SALARY SUPPLEMENTS FOR COUNTY OFFICERS, SO AS TO PROVIDE THAT THE STATE PORTION OF THE SALARIES OF COUNTY AUDITORS AND COUNTY TREASURERS SHALL BE SUBJECT TO THE SAME COST OF LIVING INCREASES GIVEN TO STATE EMPLOYEES.

Read the first time and referred to the Committee on Finance.

S. 171 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM TAXATION, SO AS TO CREATE AN EXEMPTION FROM TAXATION FOR REAL PROPERTY OWNED BY CHARITABLE TRUSTS AND FOUNDATIONS WHEN THE PROPERTY DOES NOT PRODUCE PROFIT OR BENEFIT FOR PRIVATE STOCKHOLDERS OR INDIVIDUALS AND NO INCOME PRODUCING VENTURES ARE LOCATED ON THE


Printed Page 70 . . . . . Tuesday, January 12, 1999

CHARITABLE TRUSTS AND FOUNDATIONS' REAL PROPERTY.

Read the first time and referred to the Committee on Finance.

S. 172 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-22 SO AS TO REQUIRE THE USE OF SYSTEMATIC PHONICS INSTRUCTION IN A SPECIFIED MANNER IN THE SCHOOLS OF THIS STATE INCLUDING GRADES K-3; BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION, IN COLLABORATION WITH COLLEGES AND UNIVERSITIES OFFERING TEACHER EDUCATION CURRICULUMS, SHALL REVISE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT COURSES TO INCLUDE PHONICS MATERIAL; AND TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP AND DISSEMINATE TO SPECIFIED ENTITIES A COMPREHENSIVE PLAN RELATING TO THIS REQUIRED PHONICS INSTRUCTION.

Read the first time and referred to the Committee on Education.

S. 173 (Word version) -- Senator Fair: A BILL TO AMEND ACT 437 OF 1988, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REVISE THE PURPOSE OF THE ACT AND STATE ITS GOALS; AND TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION ACT AND THE PROGRAM OF COMPREHENSIVE HEALTH EDUCATION, SO AS TO REVISE THE CONTENTS AND REQUIREMENTS OF THE PROGRAM.

Read the first time and referred to the Committee on Education.

S. 174 (Word version) -- Senators Leatherman, Elliott, Ryberg and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO ENACT THE "STATE INCOME TAX CREDIT INCENTIVE FOR INVESTMENT IN QUALIFIED SCHOOL-TO-WORK PROGRAMS ACT", PROVIDING A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE TOTAL QUALIFIED INVESTMENT OF A BUSINESS OR AN INDUSTRY FOR HIRING


Printed Page 71 . . . . . Tuesday, January 12, 1999

A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL-TO-WORK" PROGRAM.

Read the first time and referred to the Committee on Finance.

S. 175 (Word version) -- Senators Leventis and Passailaigue: A SENATE RESOLUTION TO AMEND RULE 19 OF THE RULES OF THE SENATE SO AS TO REQUIRE ALL PERSONS WHO APPEAR BEFORE A STANDING COMMITTEE, SUBCOMMITTEE, SPECIAL COMMITTEE, CONFERENCE COMMITTEE, OR JOINT COMMITTEE OF THE SENATE SHALL BE ADMINISTERED AN OATH PRIOR TO APPEARING BEFORE THE COMMITTEE OR SUBCOMMITEE.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 176 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 1-11-720, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO PROVIDE THAT EMPLOYEES AND RETIREES OF SPECIAL PURPOSE DISTRICTS CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDE FIRE SERVICE ARE ELIGIBLE FOR INSURANCE BENEFITS.

Read the first time and referred to the Committee on Finance.

S. 177 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.

Read the first time and referred to the Committee on Judiciary.

S. 178 (Word version) -- Senator Land: A BILL TO AMEND SECTION 48-11-100, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO PROVIDE THAT QUALIFIED ELECTORS TO THE GOVERNING BODY OF EACH WATERSHED CONSERVATION DISTRICT MAY MAINTAIN A PRIMARY RESIDENCE ELSEWHERE IN THE COUNTY WITHIN THE WATERSHED DISTRICT.


Printed Page 72 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 179 (Word version) -- Senators Martin, Ryberg and Giese: A BILL TO AMEND SECTION 56-5-2945, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO FELONY DRIVING UNDER THE INFLUENCE, SO AS TO INCREASE FROM FIFTEEN TO TWENTY YEARS THE MANDATORY MAXIMUM PENALTY WHICH MUST BE IMPOSED FOR A CONVICTION FOR FELONY DUI WHERE GREAT BODILY INJURY RESULTS, THEREBY UPGRADING THIS OFFENSE FROM A CLASS D TO A CLASS C FELONY.

Read the first time and referred to the Committee on Judiciary.

S. 180 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 42-1-380 AND 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPT EMPLOYERS OPTING IN OR OPTING OUT OF WORKERS COMPENSATION COVERAGE, SO AS TO SIMPLIFY THE PROCEDURES FOR EXEMPT EMPLOYERS TO OPT IN OR OPT OUT OF SUCH COVERAGE; AND TO AMEND SECTION 42-17-60 OF THE 1976 CODE, RELATING TO CONCLUSIVENESS OF COMMISSION AWARDS, SO AS TO PROVIDE THAT THE APPELLANT MUST GIVE NOTICE TO THE COMMISSION WITHIN THE STATUTORY TIME LIMITS OF ANY NOTICES OF APPEAL, ACTIONS TAKEN, OR ANY COURT ORDERS ISSUED WHICH MAY BEAR UPON THE COMMISSION'S AWARD.

Read the first time and referred to the Committee on Judiciary.

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

Read the first time and referred to the Committee on Judiciary.

S. 182 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 62-3-1201, AS AMENDED, CODE OF LAWS OF SOUTH CAROLNA, 1976, RELATING TO COLLECTION OF PERSONAL


Printed Page 73 . . . . . Tuesday, January 12, 1999

PROPERTY OF A PROBATE ESTATE BY AFFIDAVIT WHEN THE VALUE OF THE PROBATE ESTATE DOES NOT EXCEED TEN THOUSAND DOLLARS, SO AS TO PROVIDE FOR THE SALE OF REAL OR PERSONAL PROPERTY OF A PROBATE ESTATE OF LESS THAN TEN THOUSAND DOLLARS PURSUANT TO LIMITED POWER OF ATTORNEY ISSUED BY THE PROBATE JUDGE OR THE FAMILY COURT JUDGE TO THE SUCCESSOR OF THE DECEDENT UPON PRESENTATION OF AN AFFIDAVIT AND TO SPECIFY PROVISIONS OF THE AFFIDAVIT.

Read the first time and referred to the Committee on Judiciary.

S. 183 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-15-110 SO AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON CLAIMING A LIEN AGAINST PROPERTY UNDER THE PROVISIONS OF THIS CHAPTER MUST GIVE CERTAIN NOTICE TO THE OWNER OF THE PROPERTY, THE PERSON FROM WHOM POSSESSION OF THE PROPERTY WAS OBTAINED, THE HOLDER OF SECURITY INTERESTS, ANY OTHER LIENHOLDER, AND TO ANY OTHER PERSON HAVING OR CLAIMING AN INTEREST IN THE PROPERTY, TO PROVIDE THAT WHENEVER OWNERSHIP OR LIENS AGAINST PROPERTY SOUGHT TO BE SOLD TO SATISFY A CLAIMED LIEN IS EVIDENCED BY A LICENSE, TITLE, REGISTRATION, OR OTHER PUBLIC RECORD OF OWNERSHIP, THE OWNER OF RECORD AND HOLDERS OF SECURITY INTERESTS AND OTHER LIENS MUST BE GIVEN WRITTEN NOTICE OF THE CLAIMED LIEN AND PROPOSED SALE, TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE, AND THAT FAILURE TO GIVE SUCH NOTICE RENDERS ANY SALE OF THE PROPERTY TO SATISFY THE LIEN VOID AB INITIO AND OF NO EFFECT, AND TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE AND FOR THE MANNER AND FORM FOR PROOF OF IT.

Read the first time and referred to the Committee on Banking and Insurance.

S. 184 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 74 . . . . . Tuesday, January 12, 1999

CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST FORTY THOUSAND DOLLARS BEGINNING WITH THE 1999 TAX YEAR.

Read the first time and referred to the Committee on Finance.

S. 185 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1600 SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610 SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER THE AGE OF SIXTEEN TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620 SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.

Read the first time and referred to the Committee on Judiciary.

S. 186 (Word version) -- Senators Holland, Elliott and Giese: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREAMENT COURT MANAGEMENT COMMITTEES.

Read the first time and referred to the Committee on Judiciary.

S. 187 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS, BY ADDING SECTION 12-6-3520, SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR


Printed Page 75 . . . . . Tuesday, January 12, 1999

COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; AND TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO DESIGNATE CERTAIN LAND AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES.

Read the first time and referred to the Committee on Finance.

S. 188 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.

Read the first time and referred to the Committee on Transportation.

S. 189 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST ON ACCOUNTS AND ON MONETARY DECREES AND JUDGMENTS, SO AS TO REVISE THE LEGAL RATE OF INTEREST ON MONETARY DECREES AND JUDGMENTS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 190 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT PROPERTY TAXES, SO AS TO PROVIDE THAT THE INTEREST THAT MUST BE PAID BY A DELINQUENT TAXPAYER WHO IS REDEEMING REAL PROPERTY MUST BE ASSESSED ON A PER ANNUM BASIS.

Read the first time and referred to the Committee on Finance.

S. 191 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-645 SO AS TO PROHIBIT THE DEPARTMENT OF


Printed Page 76 . . . . . Tuesday, January 12, 1999

TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO REASONABLE ALTERNATIVE, TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN REGARDING SUCH CUTTING, AND TO PROVIDE THAT THE DEPARTMENT SHALL CONDUCT A PILOT PROJECT ALLOWING PRIVATE ORGANIZATIONS TO PLANT TREES ALONG CERTAIN HIGHWAYS.

Read the first time and referred to the Committee on Transportation.

S. 192 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL


Printed Page 77 . . . . . Tuesday, January 12, 1999

IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

Read the first time and referred to the Committee on Judiciary.

S. 193 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONS ALLOWING PROBATE JUDGES TO PARTICIPATE IN EITHER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM OR THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND A SIMILAR OPTION TO MASTERS-IN-EQUITY.

Read the first time and referred to the Committee on Finance.

S. 194 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 IN TITLE 2, RELATING TO THE GENERAL ASSEMBLY, SO AS TO ESTABLISH A STATE REAPPORTIONMENT COMMISSION CONSISTING OF SEVEN MEMBERS FOR THE PURPOSE OF SUBMITTING REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY WHICH COMES INTO EXISTENCE ONLY IF THE GENERAL ASSEMBLY HAS NOT ENACTED REAPPORTIONMENT PLANS BY THE FIRST DAY OF JULY OF THE YEAR FOLLOWING THE YEAR OF THE UNITED STATES CENSUS, AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS, POWERS, AND DUTIES OF THE COMMISSION AND ITS MEMBERS.

Read the first time and referred to the Committee on Judiciary.

S. 195 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 25, TITLE 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, SO AS TO REPEAL SECTIONS 21-25-25, 21-25-35, 21-25-45, AND 21-25-55.

Read the first time and referred to the Committee on Judiciary.


Printed Page 78 . . . . . Tuesday, January 12, 1999

S. 196 (Word version) -- Senators Courson, Giese and Leventis: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE HAROLD L. MILLER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 1999.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 197 (Word version) -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO DECLARE JANUARY 16, 1999, AS THE CHILDREN'S CENTER FOR CANCER AND BLOOD DISORDERS AT PALMETTO RICHLAND MEMORIAL HOSPITAL DAY IN SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 198 (Word version) -- Senator Lander: A BILL TO AMEND SECTION 44-61-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO EMERGENCY MEDICAL SERVICES, BY ADDING A NEW SUBSECTION RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS SO AS TO REQUIRE NOTIFICATION OF POSSESSION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR WITH LOCAL EMERGENCY SERVICES PROVIDERS; TO REQUIRE ACTIVATION OR NOTIFICATION OF EMERGENCY MEDICAL SERVICES IN AN EMERGENCY SITUATION WHERE AN AUTOMATED EXTERNAL DEFIBRILLATOR IS USED; AND TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS.

Read the first time and referred to the Committee on Medical Affairs.

S. 199 (Word version) -- Senators J. Verne Smith, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS


Printed Page 79 . . . . . Tuesday, January 12, 1999

AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.

Read the first time and referred to the Committee on Judiciary.

S. 200 (Word version) -- Senators J. Verne Smith, Leatherman and Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 79, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO ELIMINATE THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND AND ESTABLISH THE FUND WITHIN THE DEPARTMENT OF INSURANCE UNDER THE EXECUTIVE AUTHORITY OF THAT DEPARTMENT'S DIRECTOR.


Printed Page 80 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Banking and Insurance.

S. 201 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROHIBIT A MUNICIPALITY EXTENDING WATER OR ELECTRIC SERVICES TO NONRESIDENTS FROM REQUIRING ANNEXATION AS A CONDITION OF THE RECEIPT OF THE SERVICES.

Read the first time and referred to the Committee on Judiciary.

S. 202 (Word version) -- Senators Leventis, Ravenel, McConnell, Cork and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-82 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM PERMITTING THE QUALITY OF SURFACE WATERS TO BE CUMULATIVELY LOWERED MORE THAN 0.1 MG/1 FOR DISSOLVED OXYGEN FROM POINT SOURCES OR OTHER ACTIVITIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 203 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND TO ESTABLISH MISDEMEANOR PUBLIC INDECENCY AND MISDEMEANOR INDECENT EXPOSURE AS OFFENSES, AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Judiciary.

S. 204 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 44-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PILOT DENTAL PROGRAM FOR SCHOOL CHILDREN, SO AS TO CONVERT THIS FROM A PILOT PROGRAM WITH IMPLEMENTATION SUBJECT TO FUNDS BEING APPROPRIATED TO A MANDATORY DENTAL HEALTH SCREENING PROGRAM FOR SCHOOL CHILDREN WITH NO FUNDING CONTINGENCY.


Printed Page 81 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Medical Affairs.

S. 205 (Word version) -- Senators Thomas and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-23 SO AS TO ENACT THE "PRISONERS' WORK AND OVERCROWDING ACT OF 1999" INCLUDING PROVISIONS TO REQUIRE CERTAIN PRISONERS INCARCERATED IN THE STATE PRISON SYSTEM AND IN COUNTY JAILS TO WORK FOR AT LEAST FORTY HOURS EACH WEEK, TO LIMIT THE TYPES OF TELEVISION SHOWS VIEWED BY PRISONERS, AND TO REQUIRE CERTAIN PRISONERS BE ASSIGNED TO CHAIN GANGS; AND TO AMEND TITLE 24, RELATING TO CORRECTIONS AND JAILS, BY ADDING CHAPTER 4 SO AS TO ESTABLISH A PROCEDURE THAT REQUIRES PRISONERS IN THE STATE PRISON SYSTEM TO PAY PART OF THE COST OF THEIR INCARCERATION.

Read the first time and referred to the Committee on Corrections and Penology.

S. 206 (Word version) -- Senators J. Verne Smith, Elliott, Hayes, Leventis, McGill, Waldrep, Washington, Fair, Reese, Alexander, Martin, Grooms and Leatherman: A BILL TO AMEND SECTION 61-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES TO MINORS OVER THE INTERNET; TO AMEND SECTION 61-2-175, RELATING TO A FOREIGN ENTITY INTENTIONALLY SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS DIRECTLY TO A RESIDENT NOT HOLDING A VALID STATE LICENSE, SO AS TO ELIMINATE THE ISSUANCE OF A NOTICE TO CEASE AND DESIST AND TO PROVIDE A FINE FOR CONVICTION ON A FIRST OFFENSE; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER AND WINE TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND ARTICLE 5, CHAPTER 4 OF TITLE 61, RELATING TO THE PRODUCERS AND WHOLESALERS OF BEER AND WINE, SO AS TO ADD SECTION 61-4-360 WHICH PROVIDES A SHIPPING CONTAINER MUST BE CLEARLY LABELED TO


Printed Page 82 . . . . . Tuesday, January 12, 1999

INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-4-730, RELATING TO THE SALE OF DOMESTIC WINE, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPPING OF IMPORTED LIQUORS, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND ARTICLE 7, CHAPTER 6 OF TITLE 61, RELATING TO THE IMPORTATION OF ALCOHOLIC LIQUORS, SO AS TO ADD SECTION 61-6-2990 WHICH PROHIBITS THE USE OF THE INTERNET TO ADVERTISE OR SOLICIT ORDERS FOR ALCOHOLIC LIQUORS NOT AUTHORIZED BY LAW; TO AMEND SECTION 61-6-4080, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND SECTION 20-7-8920, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF BEER AND WINE BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET; AND TO AMEND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET.

Read the first time and referred to the Committee on Judiciary.

S. 207 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO COUNTIES BY ELIMINATING CONSIDERATION OF THE LAND AREA OF A COUNTY, AND TO DELETE AN OBSOLETE PROVISION.

Read the first time and referred to the Committee on Finance.

S. 208 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 16-23-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO REVISE THE EDUCATIONAL FACILITIES UPON WHICH A PERSON MAY NOT CARRY A


Printed Page 83 . . . . . Tuesday, January 12, 1999

WEAPON, AND TO DELETE "FIREARMS" FROM THE LIST OF WEAPONS A PERSON MAY NOT CARRY UPON AN EDUCATIONAL FACILITY'S PROPERTY.

Read the first time and referred to the Committee on Judiciary.

S. 209 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 16-23-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CARRYING A KNIFE ONTO SCHOOL PREMISES, SO AS TO PROHIBIT A PERSON FROM CARRYING A KNIFE OR ANY OTHER TYPE OF WEAPON USED TO INFLICT BODILY INJURY OR DEATH ONTO ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC ELEMENTARY OR SECONDARY SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION.

Read the first time and referred to the Committee on Judiciary.

S. 210 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO A JOINT TENANCY, SO AS TO PROVIDE FOR DISTRIBUTION OF A HOMESTEAD ESTATE HELD IN JOINT TENANCY TO THE SURVIVING SPOUSE ABSENT AN EXPRESS PROVISION IN THE INSTRUMENT CREATING THE JOINT TENANCY DENYING THE EXISTENCE OF THE RIGHT TO SURVIVORSHIP.

Read the first time and referred to the Committee on Judiciary.

S. 211 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-27-131 SO AS TO PROVIDE THAT A COURT MAY DISMISS WITHOUT PREJUDICE ANY CIVIL ACTION AGAINST A VICTIM OR WITNESS IN CONNECTION WITH A CRIME BROUGHT BY A PRISONER WHO HAS PREVIOUSLY FAILED TO PAY CERTAIN FILING FEES AND COURT COSTS; TO AMEND SECTION 24-27-200, RELATING TO THE LOSS OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS BY A PRISONER WHO HAS ENGAGED IN FRIVOLOUS LITIGATION, SO AS TO ALSO PROVIDE FOR THE LOSS OF THESE CREDITS


Printed Page 84 . . . . . Tuesday, January 12, 1999

FOR FRIVOLOUS LITIGATION AGAINST VICTIMS AND WITNESSES; AND TO AMEND SECTION 24-27-300, RELATING TO THE AUTHORITY OF A COURT TO HOLD A PRISONER IN CONTEMPT IF HE HAS BEEN INVOLVED IN FRIVOLOUS LITIGATION, SO AS TO ALSO AUTHORIZE A COURT TO HOLD A PRISONER IN CONTEMPT FOR FRIVOLOUS LITIGATION AGAINST A VICTIM OR WITNESS.

Read the first time and referred to the Committee on Corrections and Penology.

S. 212 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-345 SO AS TO AUTHORIZE EACH SCHOOL DISTRICT TO ESTABLISH A VOLUNTARY DRUG TESTING PROGRAM FOR STUDENTS IN GRADES SIX THROUGH TWELVE WHEREBY SUCH STUDENTS, WITH THE CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS, MAY BE TESTED FOR DRUGS, TO PROVIDE THAT THE RESULTS OF THE TESTS, IF POSITIVE, SHALL BE COMMUNICATED TO THE CHILD AND HIS PARENTS OR GUARDIAN, BUT SHALL NOT BE REPORTED TO LAW ENFORCEMENT AUTHORITIES OR COURT OFFICIALS, AND NO LEGAL, JUDICIAL, OR SCHOOL DISCIPLINARY ACTION MAY BE TAKEN AGAINST THE CHILD, AND TO PROVIDE THAT THE DISTRICT SHALL OFFER AN IN-SCHOOL COUNSELING PROGRAM FOR CHILDREN WHOSE TEST RESULTS ARE POSITIVE OR REFERRAL INFORMATION FOR THE PURPOSE OF OBTAINING NONSCHOOL COUNSELING.

Read the first time and referred to the Committee on Education.

S. 213 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND CHAPTER 24 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS, SO AS TO ENACT THE MENTALLY ILL DEFENDANT ACT WHICH INCLUDES PROVISIONS TO REVISE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP A MENTALLY ILL DEFENDANT PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM; TO AMEND ARTICLE 5 OF


Printed Page 85 . . . . . Tuesday, January 12, 1999

CHAPTER 23 OF TITLE 44, RELATING TO FITNESS TO STAND TRIAL, SO AS TO REVISE PROCEDURAL SAFEGUARDS AND PROVIDE A PROCEDURE FOR PERSONS COMMITTED TO APPLY FOR CONDITIONAL RELEASE AND REQUIRE THE MENTALLY ILL DEFENDANT PROGRAM TO MONITOR RELEASED PERSONS; TO AMEND SECTION 44-9-100, AS AMENDED, RELATING TO POWERS OF THE DEPARTMENT OF MENTAL HEATH, SO AS TO INCLUDE THE AUTHORITY TO PROMULGATE REGULATIONS RELATIVE TO CHAPTER 28, TITLE 17 AND ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-13-30, RELATING TO THE DEPARTMENT OF MENTAL HEALTH TRANSFERRING NONRESIDENT PATIENTS TO THEIR STATE OF RESIDENCY, SO AS TO PROVIDE THAT THIS DOES NOT APPLY TO PATIENTS COMMITTED PURSUANT TO CHAPTER 24 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-22-100, AS AMENDED, RELATING TO EXCEPTIONS TO THE CONFIDENTIALITY OF RECORDS MAINTAINED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO INCLUDE RECORDS RELATIVE TO THE PROVISIONS OF CHAPTER 23 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44 IF DISCLOSURE IS NECESSARY TO CARRY OUT THOSE PROVISIONS; AND TO AMEND SECTION 44-23-210, AS AMENDED, RELATING TO TRANSFERRING PATIENTS BETWEEN MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO PERSONS COMMITTED PURSUANT TO THE MENTALLY ILL DEFENDANT PROGRAM.

Read the first time and referred to the Committee on Judiciary.

S. 214 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8525 SO AS TO AUTHORIZE LAW ENFORCEMENT AGENCIES AND OTHER STATE OFFICIALS AND ENTITIES TO SHARE INFORMATION AND CRIMINAL INTELLIGENCE FILES WITH OTHER LAW ENFORCEMENT AGENCIES AND TO PROVIDE THAT SUCH INFORMATION IS NOT ACCESSIBLE TO THE PUBLIC; TO AMEND SECTION 20-7-8510, AS AMENDED, RELATING TO DISCLOSURE OF JUVENILE CRIMINAL RECORDS, SO AS TO PROVIDE THAT A JUVENILE UNDER CRIMINAL INVESTIGATION FOR CERTAIN


Printed Page 86 . . . . . Tuesday, January 12, 1999

CRIMES MAY BE FINGERPRINTED WITHOUT AN ORDER OF A FAMILY COURT JUDGE AND THAT A JUVENILE UNDER INVESTIGATION FOR OTHER CRIMES MAY ALSO BE FINGERPRINTED WITHOUT AN ORDER OF A FAMILY COURT JUDGE IF THE JUVENILE IS A SUSPECT IN AN INVESTIGATION FOR ONE OF THE CERTAIN CRIMES; TO ONLY PROHIBIT TRANSMISSION OF JUVENILE FINGERPRINT RECORDS TO THE FEDERAL BUREAU OF INVESTIGATION RATHER THAN PROHIBITING TRANSMISSION TO OTHER LAW ENFORCEMENT AGENCIES; TO DELETE PROVISIONS REQUIRING THE DESTRUCTION OF CERTAIN JUVENILE FINGERPRINT RECORDS; AND TO REMOVE THE REQUIREMENT THAT PEACE OFFICERS' RECORDS OF CHILDREN MAY ONLY BE OPEN TO INSPECTION BY GOVERNMENTAL AGENCIES IF AUTHORIZED BY A JUDGE.

Read the first time and referred to the Committee on Judiciary.

S. 215 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "HARASSMENT" AND TO EXCLUDE ACTS OF REGISTERED PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.

Read the first time and referred to the Committee on Judiciary.

S. 216 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-8-610 SO AS TO ALLOW A RESIDENT INDIVIDUAL TAXPAYER TO DIRECT HIS EMPLOYER TO CEASE STATE INCOME TAX WITHHOLDING ON THE TAXPAYER'S WAGES.

Read the first time and referred to the Committee on Finance.

S. 217 (Word version) -- Senators Wilson, Passailaigue and Giese: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM AND BALLOT FOR THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A REFERENDUM TO IMPOSE THE TAX MAY BE HELD ONLY AT THE TIME OF THE GENERAL ELECTION.

Read the first time and referred to the Committee on Judiciary.


Printed Page 87 . . . . . Tuesday, January 12, 1999

S. 218 (Word version) -- Senators Wilson, Giese and Leventis: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW UP TO NINETY DAYS OF A MEMBER'S UNUSED SICK LEAVE TO BE USED TO QUALIFY FOR THE CREDITED SERVICE REQUIREMENTS FOR SERVICE RETIREMENT.

Read the first time and referred to the Committee on Finance.

S. 219 (Word version) -- Senators Wilson, Ryberg and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAXES, SO AS TO PROHIBIT THE IMPOSITION OF A RETROACTIVE TAX INCREASE EXCEPT UPON A TWO-THIRDS VOTE OF THE MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Finance.

S. 220 (Word version) -- Senators Wilson and Elliott: A BILL TO AMEND SECTION 12-6-3330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE AN ALTERNATIVE CREDIT CALCULATION THAT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY, TO DELETE PROVISIONS LIMITING THE CREDIT TO EARNED INCOME AND TO ALLOW TAXPAYERS TO ELECT THE CALCULATION ALLOWING THE LARGER CREDIT.

Read the first time and referred to the Committee on Finance.

S. 221 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 8-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES IN THE NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT THE TERMS "WORK DAY" AND "DAY" IN REGARD TO THESE LEAVES OF ABSENCE CONSIST OF A SPECIFIED NUMBER OF HOURS.


Printed Page 88 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Finance.

S. 222 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 4-9-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFIED ELECTORS OF A COUNTY PROPOSING CERTAIN ORDINANCES BY PETITION, SO AS TO REVISE THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITION AND TO AUTHORIZE THE QUALIFIED ELECTORS OF A COUNTY, SPECIAL PURPOSE DISTRICT, FISCALLY AUTONOMOUS SCHOOL DISTRICT, OR OTHER POLITICAL SUBDIVISION RECEIVING PROPERTY TAX REVENUES TO PROPOSE AN ORDINANCE OR RESOLUTION LIMITING THE TOTAL REVENUE WHICH THE ENTITY MAY EXPEND DURING A FISCAL YEAR.

Read the first time and referred to the Committee on Judiciary.

S. 223 (Word version) -- Senator Wilson: 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.

Read the first time and referred to the Committee on Judiciary.

S. 224 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO PROVIDE THAT THE PROVISIONS OF SECTION 8-13-1300 ARE EFFECTIVE FOR THOSE AFFECTED ENTITIES FOR ALL REPORTS AND


Printed Page 89 . . . . . Tuesday, January 12, 1999

RECORDS REQUIRED UNDER THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 8, BEGINNING JULY 1, 1996.

Read the first time and referred to the Committee on Judiciary.

S. 225 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 6-9-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF LOCAL ORDINANCES TO CERTAIN STATE AND SCHOOL DISTRICT PROJECTS AND THE JURISDICTION OF DEPUTY STATE FIRE MARSHALS AND CERTIFIED STATE ENGINEER'S OFFICE OF THE BUDGET AND CONTROL BOARD PERSONNEL, SO AS TO PROVIDE THAT SCHOOL DISTRICT PROJECTS ARE SUBJECT TO PERMIT OR LICENSE REQUIREMENTS TO COMPLY WITH LOCAL BUILDING STANDARDS IN ORDINANCES AND REGULATIONS.

Read the first time and referred to the Committee on Finance.

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

Read the first time and referred to the Committee on Judiciary.

S. 227 (Word version) -- Senators McConnell, Elliott and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-5090 AND 54-7-110 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A


Printed Page 90 . . . . . Tuesday, January 12, 1999

CONTRIBUTION TO THE HUNLEY TRUST FUND AND PROVIDING FOR THE ESTABLISHMENT OF THE HUNLEY TRUST FUND UNDER THE ADMINISTRATION OF THE HUNLEY COMMISSION, TO AUTHORIZE THE FUND TO RECEIVE AND INVEST CONTRIBUTIONS, AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS.

Read the first time and referred to the Committee on Finance.

S. 228 (Word version) -- Senators McConnell and Leventis: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

Read the first time and referred to the Committee on Judiciary.

S. 229 (Word version) -- Senators McConnell, Elliott, Passailaigue and Leventis: A BILL TO AMEND SECTION 12-39-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTION OF PROPERTY TAX VALUATIONS, SO AS TO REQUIRE THE COUNTY TAX ASSESSOR OR BOARD OF ASSESSMENT APPEALS ALSO TO MAKE APPROPRIATE ADJUSTMENTS IN THE VALUE OF REAL PROPERTY WHEN IMPROVEMENTS TO THE PROPERTY HAVE SUSTAINED DAMAGE THROUGH WIND, WATER, OR ANY OTHER DESTRUCTIVE FORCE.

Read the first time and referred to the Committee on Finance.

S. 230 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR PERFORMANCE OF ABORTION AND SECTION 44-41-340, RELATING TO PUBLICATION OF MATERIALS REGARDING AVAILABLE ASSISTANCE, SO AS TO REQUIRE THAT A STATEMENT BE PUBLISHED IN MATERIALS REQUIRED TO BE AVAILABLE TO A WOMAN BEFORE AN ABORTION PROVIDING THAT RESEARCH INDICATES THAT THERE IS A POSSIBLE CORRELATION BETWEEN A FIRST PREGNANCY ABORTION AND AN INCREASED INCIDENCE OF BREAST CANCER WITH A RECOMMENDATION TO CONSULT HER PERSONAL PHYSICIAN FOR FURTHER INFORMATION.


Printed Page 91 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Medical Affairs.

S. 231 (Word version) -- Senators Fair and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15A TO ARTICLE III SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND OR REPEAL REGULATIONS PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, OR AUTHORITY.

Read the first time and referred to the Committee on Judiciary.

S. 232 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-95 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION UNLESS NECESSARY TO SAVE THE LIFE OF THE MOTHER UNDER CERTAIN CONDITIONS; TO PROHIBIT APPROPRIATING STATE FUNDS TO AN AGENCY, INSTITUTION, OR ORGANIZATION THAT PROVIDES OR PROMOTES ABORTIONS; AND TO SUSPEND THIS SECTION IF THE FEDERAL AGENCY CONTROLLING FUNDS DETERMINES THAT THIS SECTION JEOPARDIZES THE STATE RECEIVING FEDERAL FUNDS.

Read the first time and referred to the Committee on Medical Affairs.

S. 233 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT STATE FUNDING TO INSTITUTIONS, AGENCIES, AND ORGANIZATIONS THAT PERFORM ABORTIONS IN THIS STATE AND TO PROVIDE AN EXCEPTION.

Read the first time and referred to the Committee on Medical Affairs.

S. 234 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 12-28-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF GASOLINE TAX REVENUES, SO AS TO DEFINE "PURPOSES OF THE DEPARTMENT" FOR THE USE OF GASOLINE TAX REVENUES BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO DEFINE THESE PURPOSES, AFTER DEDUCTING AMOUNTS


Printed Page 92 . . . . . Tuesday, January 12, 1999

FOR ADMINISTRATIVE AND OTHER PROJECTS, TO PROJECTS IN EACH COUNTY BASED ON THE PROPORTION OF TAXABLE FUEL SOLD IN A COUNTY BEARS TO THE TOTAL OF SUCH FUEL SOLD STATEWIDE.

Read the first time and referred to the Committee on Finance.

S. 235 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING ARTICLE 21 ENACTING THE SOUTH CAROLINA CIVIL RIGHTS ACT, SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Read the first time and referred to the Committee on Judiciary.

S. 236 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1768 AND 9-11-305, SO AS TO PROVIDE AN INCREASE IN SERVICE RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETIRED BEFORE APRIL 1, 1991.

Read the first time and referred to the Committee on Finance.

S. 237 (Word version) -- Senators Hayes, Elliott and Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 75 SO AS TO PROVIDE FOR BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.

Read the first time and referred to the Committee on Transportation.

S. 238 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER NEAR A RESIDENCE, SO AS TO ALSO PROHIBIT HUNTING WITHIN THREE HUNDRED YARDS OF A SCHOOL.


Printed Page 93 . . . . . Tuesday, January 12, 1999

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 239 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF DISABLED PERSONS, SO AS TO PROMOTE THE USE OF ASSISTANCE DOGS AND TO ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION, AND TREATMENT OF PERSONS WITH DISABILITIES USING GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Medical Affairs.

S. 240 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.

Read the first time and referred to the General Committee.

S. 241 (Word version) -- Senators McConnell, Elliott and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-375 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Transportation.

S. 242 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

Read the first time and referred to the Committee on Judiciary.


Printed Page 94 . . . . . Tuesday, January 12, 1999

S. 243 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH FACILITIES, BY ADDING ARTICLE 27 SO AS TO PROHIBIT NURSING HOMES AND HOME HEALTH AGENCIES FROM EMPLOYING A PERSON WHO HAS A CRIMINAL RECORD, TO REQUIRE CRIMINAL BACKGROUND CHECKS ON APPLICANTS, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR INFORMATION RELEASED OR TERMINATION FROM EMPLOYMENT; AND TO AMEND SECTION 43-35-25 RELATING TO PERSONS REQUIRED TO REPORT ADULT ABUSE, NEGLECT, AND EXPLOITATION, SO AS TO REQUIRE THE AGENCIES RECEIVING SUCH REPORTS TO ALSO REPORT THIS INFORMATION TO THE ATTORNEY GENERAL.

Read the first time and referred to the Committee on Medical Affairs.

S. 244 (Word version) -- Senator Wilson: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE, OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ANYTHING OF VALUE" AND "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.

Read the first time and referred to the Committee on Judiciary.

S. 245 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE


Printed Page 95 . . . . . Tuesday, January 12, 1999

RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.

Read the first time and referred to the Committee on Judiciary.

S. 246 (Word version) -- Senators Wilson and Ryberg: A BILL TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS THE CANDIDATE RECEIVING THE MOST VOTES CAST IN EXCESS OF FORTY PERCENT OF THE VOTES CAST FOR THE OFFICE, REDUCE FROM A MAJORITY TO FORTY PERCENT THE PERCENTAGE OF VOTERS VOTING IN A PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES FORTY PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO THE DETERMINATION OF A MAJORITY VOTE.

Read the first time and referred to the Committee on Judiciary.

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

Read the first time and referred to the Committee on Judiciary.

S. 248 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, 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.

Read the first time and referred to the Committee on Transportation.


Printed Page 96 . . . . . Tuesday, January 12, 1999

S. 249 (Word version) -- Senators Jackson and Leventis: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "CONSENT TO RECORD ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO: (1) WILLFULLY INTERCEPT, ENDEAVOR TO INTERCEPT, OR PROCURE ANY OTHER PERSON TO INTERCEPT OR ENDEAVOR TO INTERCEPT A WIRE, ORAL, OR ELECTRONIC COMMUNICATION WHERE THE PERSON IS A PARTY TO THE COMMUNICATION UNLESS ALL OF THE PARTIES TO THE COMMUNICATION HAVE GIVEN PRIOR CONSENT TO THE INTERCEPTION; (2) WILLFULLY DISCLOSE, OR ENDEAVOR TO DISCLOSE, TO ANY OTHER PERSON THE CONTENTS OF ANY WIRE, ORAL, OR ELECTRONIC COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE, ORAL, OR ELECTRONIC COMMUNICATION; AND (3) WILLFULLY USE, OR ENDEAVOR TO USE, THE CONTENTS OF ANY WIRE, ORAL, OR ELECTRONIC COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE, ORAL, OR ELECTRONIC COMMUNICATION; TO PROVIDE AN EXEMPTION FROM THESE PROHIBITIONS FOR AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING PURSUANT TO OTHER LAW AUTHORIZING SUCH CONDUCT; AND TO DEFINE RELATED TERMS.

Read the first time and referred to the Committee on Judiciary.

S. 250 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS


Printed Page 97 . . . . . Tuesday, January 12, 1999

PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.

Read the first time and referred to the Committee on Judiciary.

S. 251 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE APPROPRIATIONS FOR CERTAIN AGENCIES, DEPARTMENTS, COMMITTEES, COMMISSIONS, UNIVERSITIES, COLLEGES, COUNCILS, AND BOARDS TO BE CONSIDERED IN A SEPARATE APPROPRIATIONS BILL.

Read the first time and referred to the Committee on Finance.

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON


Printed Page 98 . . . . . Tuesday, January 12, 1999

COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 253 (Word version) -- Senators Leventis, Matthews, Russell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-110, SO AS TO ESTABLISH WITHIN THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE A GRANTS PROGRAM FOR AIRPORT IMPROVEMENTS, TO PROVIDE THAT GRANTS MUST BE MADE FROM THE STATE AVIATION FUND SOLELY FOR THE PURPOSES OF THIS PROGRAM, TO PROVIDE THOSE AIRPORTS ELIGIBLE FOR GRANTS AND DIRECT THE SECRETARY OF COMMERCE TO PROMULGATE REGULATIONS ESTABLISHING THE PROGRAM AND ITS FUNDING CRITERIA, PRIORITIES, AND SELECTION PROCESS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL USED BY COMMERCIAL AIRCRAFT; AND TO AMEND SECTION 55-5-280, AS AMENDED, RELATING TO THE STATE AVIATION FUND, SO AS TO ADD TO THE FUND TAX REVENUES ON JET FUEL AND OTHER COMMERCIAL AIRCRAFT FUEL AND TO REQUIRE REVENUES OF THE FUND TO BE USED ONLY FOR THE GRANTS PROGRAM ESTABLISHED BY THIS ACT.

Read the first time and referred to the Committee on Transportation.

S. 254 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF


Printed Page 99 . . . . . Tuesday, January 12, 1999

A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

Read the first time and referred to the Committee on Finance.

S. 255 (Word version) -- Senators Leventis and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-25 SO AS TO REQUIRE, BEGINNING WITH FISCAL YEAR 1999-2000, THAT APPROPRIATIONS BY THE GENERAL ASSEMBLY TO VETERANS' ORGANIZATIONS INCLUDE AN APPROPRIATION IN A LIKE AMOUNT AND UNDER THE SAME TERMS AND CONDITIONS TO THE VIETNAM VETERANS OF AMERICA, INC., AND TO REQUIRE THIS APPROPRIATION BE IN ADDITION TO FUNDS PREVIOUSLY APPROPRIATED FOR VETERANS' ORGANIZATIONS.

Read the first time and referred to the General Committee.

S. 256 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE SHALL PROVIDE THE DEPARTMENT EVIDENCE OF EITHER GRADUATION FROM HIGH SCHOOL, OR HIS G.E.D. CERTIFICATE OR EVIDENCE THAT HE IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF A PERSON WHO WITHDRAWS FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE


Printed Page 100 . . . . . Tuesday, January 12, 1999

LICENSE OF THE PERSON UPON TEN DAYS' WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

Read the first time and referred to the Committee on Judiciary.

S. 257 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.

Read the first time and referred to the Committee on Judiciary.


Printed Page 101 . . . . . Tuesday, January 12, 1999

S. 258 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 12-58-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENSION OF TIME FOR PAYMENT BY AN INNOCENT TAXPAYER, SO AS TO PROVIDE FOR THE WAIVER OF A PENALTY OR PENALTY AND INTEREST INCURRED BY AN INNOCENT TAXPAYER FOR FAILURE TIMELY TO PAY AN AMOUNT DUE IF THE FAILURE ARISES WITHIN EIGHTEEN MONTHS OF A NOVEL INTERPRETATION OR APPLICATION OF AN EXISTING LAW OR FROM AN OPINION RENDERED ON AN EXISTING LAW WHICH WAS PREVIOUSLY SILENT ON THE APPLICATION OF A PENALTY OR INTEREST.

Read the first time and referred to the Committee on Finance.

S. 259 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO ADD AS AN EXEMPTION THE SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO A VIDEOGRAPHER FOR USE IN MAKING OR PRODUCING A VIDEO AND ALL PRODUCTS SOLD BY A VIDEOGRAPHER RESULTING FROM THE MAKING OR PRODUCING OF A VIDEO, AND TO MAKE THE ABOVE PROVISIONS APPLY RETROACTIVELY.

Read the first time and referred to the Committee on Finance.

S. 260 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO PROVIDE THAT A MOTORCYCLE WITH A DETACHABLE SIDE CAR ATTACHED ALSO IS CONSIDERED A THREE-WHEEL VEHICLE WHICH A PERSON WHO HOLDS A BASIC DRIVER'S LICENSE MAY OPERATE.

Read the first time and referred to the Committee on Transportation.

S. 261 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS TO A WAIVER OF IMMUNITY IN THE TORT CLAIMS ACT, SO AS TO INCLUDE AS AN EXCEPTION A LOSS RESULTING FROM A YEAR 2000


Printed Page 102 . . . . . Tuesday, January 12, 1999

COMPUTER OR AUTOMATION DEVICE UNLESS THE GOVERNMENTAL ENTITY NEGLIGENTLY CONSTRUCTED OR PROGRAMMED THE DEVICE ITSELF AND TO INCLUDE IMMUNITY FOR THE GOVERNMENTAL ENTITY IF THE COMPUTER HARDWARE OR SOFTWARE IS SUPPLIED BY A NONGOVERNMENTAL VENDOR.

Read the first time and referred to the Committee on Judiciary.

S. 262 (Word version) -- Senators Wilson and Hayes: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO TAKE ALL ACTIONS NECESSARY TO PROTECT ON AN EQUAL BASIS ALL PEOPLES AND RESOURCES OF ALL OF THE STATES OF THE UNITED STATES FROM THREAT OF MISSILE ATTACK REGARDLESS OF THE PHYSICAL LOCATION OF THE MEMBER STATE; THAT ALASKA AND HAWAII BE INCLUDED IN EVERY NATIONAL INTELLIGENCE ESTIMATE CONDUCTED BY THE UNITED STATES JOINT INTELLIGENCE AGENCIES; THAT ALASKA AND HAWAII, NOT JUST THE CONTIGUOUS FORTY-EIGHT STATES, BE INCLUDED IN EVERY NATIONAL INTELLIGENCE ESTIMATE OF MISSILE THREAT TO THE UNITED STATES; THAT THE UNITED STATES GOVERNMENT TAKES NECESSARY MEASURES TO ENSURE THAT ALASKA AND HAWAII, AS WELL AS THE CONTIGUOUS FORTY-EIGHT STATES, ARE PROTECTED AGAINST FORESEEABLE THREATS, NUCLEAR, BIOLOGICAL, CHEMICAL, AND OTHERWISE, OPPOSED BY FOREIGN AGGRESSORS AND TERRORISTS, INCLUDING DEPLOYMENT OF A BALLISTIC MISSILE DEFENSE SYSTEM TO PROTECT ALASKA, HAWAII, AND THE CONTIGUOUS FORTY-EIGHT STATES; THAT THE SAFETY AND SECURITY OF ALL OF THE STATES OF THE UNITED STATES, INCLUDING ALASKA AND HAWAII, TAKE PRIORITY OVER ANY INTERNATIONAL TREATY OR OBLIGATION AND THAT THE PRESIDENT TAKES WHATEVER ACTION IS NECESSARY TO ENSURE THAT ALASKA AND HAWAII CAN BE DEFENDED AGAINST LIMITED MISSILE ATTACKS WITH THE SAME DEGREE OF ASSURANCE AS PROVIDED TO ALL OTHER STATES; AND THAT THE APPROPRIATE CONGRESSIONAL COMMITTEES HOLD HEARINGS IN ALASKA AND HAWAII THAT INCLUDE DEFENSE EXPERTS AND ADMINISTRATION


Printed Page 103 . . . . . Tuesday, January 12, 1999

OFFICIALS TO ENABLE THE CITIZENS OF ALASKA, HAWAII, AND THE CONTIGUOUS FORTY-EIGHT STATES TO UNDERSTAND THEIR RISKS, THEIR LEVEL OF SECURITY, AND THE NATURE AND EXTENT OF THEIR VULNERABILITY.

The Concurrent Resolution was introduced and referred to the General Committee.

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Read the first time and referred to the Committee on Transportation.

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

Read the first time and referred to the Committee on Medical Affairs.

S. 265 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF


Printed Page 104 . . . . . Tuesday, January 12, 1999

ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.

Read the first time and referred to the Committee on Education.

S. 266 (Word version) -- Senators Peeler, Ryberg and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDERING A LAW ENFORCEMENT OFFICER IN THE LINE OF DUTY MUST RECEIVE A MANDATORY SENTENCE OF DEATH.

Read the first time and referred to the Committee on Judiciary.

S. 267 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED, OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO FIFTY THOUSAND DOLLARS AND TO DELETE AN OBSOLETE PROVISION.

Read the first time and referred to the Committee on Finance.

S. 268 (Word version) -- Senator Setzler: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 73 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE LIONS CLUB.

Read the first time and referred to the Committee on Transportation.

S. 269 (Word version) -- Senators Wilson and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN


Printed Page 105 . . . . . Tuesday, January 12, 1999

CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

Read the first time and referred to the Committee on Judiciary.

S. 270 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR THE ISSUANCE AND COST OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.

Read the first time and referred to the Committee on Judiciary.

S. 271 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING PROPERTY DEVELOPED FOR BUSINESS AS WELL AS PERSONAL USE OF THE OWNER.

Read the first time and referred to the Committee on Transportation.

S. 272 (Word version) -- Senators Wilson, Hayes and Giese: A BILL TO ENACT THE "TELEMARKETING PRIVACY ACT" BY AMENDING CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY ADDING ARTICLE 23 SO AS TO ENACT PROVISIONS ESTABLISHING TELEMARKETING PRIVACY IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, A DATABASE, CRIMINAL PENALTIES, INVESTIGATIONS BY THE ATTORNEY GENERAL AND THE CIRCUIT SOLICITORS, AND THE SEEKING OF INJUNCTIVE AND OTHER RELIEF BY THE ATTORNEY GENERAL; BY AMENDING SECTION 35-1-520, AS AMENDED, RELATING TO THE UNIFORM SECURITIES ACT, BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION, SO AS TO PROVIDE THAT THE SECURITIES COMMISSIONER MAY BY ORDER DENY, SUSPEND, OR REVOKE A REGISTRATION IF HE FINDS THAT THE ORDER IS IN THE PUBLIC INTEREST AND THAT THE APPLICANT OR REGISTRANT OR, IN THE CASE OF


Printed Page 106 . . . . . Tuesday, January 12, 1999

A BROKER-DEALER OR INVESTMENT ADVISER, A PARTNER, OFFICER, OR DIRECTOR, A PERSON OCCUPYING A SIMILAR STATUS OR PERFORMING SIMILAR FUNCTIONS, OR A PERSON DIRECTLY OR INDIRECTLY CONTROLLING THE BROKER-DEALER OR INVESTMENT ADVISER HAS CONTACTED BY TELEPHONE A PERSON OR AN ENTITY WHO HAS FILED A NOTICE WITH THE LOCAL EXCHANGE CARRIER AS PROVIDED IN SECTION 58-9-2710; AND BY AMENDING SECTION 33-56-140, AS AMENDED, RELATING TO SOLICITATION OF CHARITABLE FUNDS, INVESTIGATIONS OF CHARITABLE ORGANIZATIONS OR PROFESSIONAL SOLICITORS, NOTICE OF NONCOMPLIANCE, PENALTIES, AND GROUNDS FOR INJUNCTION, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, IF A CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITOR FAILS TO FILE A REGISTRATION APPLICATION, STATEMENT, REPORT, OR OTHER INFORMATION REQUIRED TO BE FILED WITH THE SECRETARY OF STATE OR VIOLATES THE PROVISIONS OF CHAPTER 56 OF TITLE 33 OR OF THE TELEMARKETING PRIVACY ACT, THE SECRETARY OF STATE SHALL NOTIFY THE CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITOR OF THIS FACT BY MAILING A NOTICE BY REGISTERED OR CERTIFIED MAIL, WITH RETURN RECEIPT REQUESTED, TO ITS LAST KNOWN ADDRESS, AND PROVIDE THAT THE SECRETARY OF STATE, IF HE HAS REASON TO BELIEVE THAT A PERSON IS KNOWINGLY AND WILFULLY OPERATING IN VIOLATION OF CHAPTER 56 OF TITLE 33 OR OF THE TELEMARKETING PRIVACY ACT, MAY BRING AN ACTION TO ENJOIN THE CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISING COUNSEL, PROFESSIONAL SOLICITOR, OR OTHER PERSON FROM CONTINUING THE VIOLATION, DOING ANY OTHER ACTS IN FURTHERANCE OF IT, AND FOR OTHER RELIEF THE COURTS CONSIDER APPROPRIATE.

Read the first time and referred to the Committee on Judiciary.

S. 273 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE


Printed Page 107 . . . . . Tuesday, January 12, 1999

STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE TO CERTAIN ENTITIES AND PERSONNEL, SO AS TO AUTHORIZE THE PROVIDING OF INSURANCE FOR STATE CONSTABLES TO PROTECT THESE PERSONNEL AGAINST TORT LIABILITY.

Read the first time and referred to the Committee on Finance.

S. 274 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A BOAT, BOAT MOTOR, OR PRIVATE PASSENGER MOTOR VEHICLE OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON SUCH AN ITEM OF PERSONAL PROPERTY FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS AND TO EXEMPT THE OWNER-OCCUPIED RESIDENCE OF AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON A PERSONAL RESIDENCE FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS.

Read the first time and referred to the Committee on Finance.

S. 275 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT APPROPRIATIONS FOR EDUCATION IN GRADES K-12 MUST BE CONSIDERED AND APPROPRIATED FIRST IN THE ANNUAL GENERAL APPROPRIATIONS ACT BEFORE ANY OTHER APPROPRIATIONS MAY BE MADE OR CONSIDERED AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Finance.

S. 276 (Word version) -- Senators Wilson and Ryberg: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, AND 11-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS; AND TO ADD SECTION 11-11-95, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND


Printed Page 108 . . . . . Tuesday, January 12, 1999

THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH, AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS MUST BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Read the first time and referred to the Committee on Judiciary.

S. 277 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING OR PURCHASING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.

Read the first time and referred to the Committee on Judiciary.

S. 278 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT INCLUDING PROVISIONS TO MAKE IT UNLAWFUL FOR A PARENT TO ALLOW A CHILD UNDER SIXTEEN YEARS OF AGE TO OPERATE OR BE A PASSENGER ON A BICYCLE WITHOUT A HELMET; TO PROVIDE PENALTIES; TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS; TO PROVIDE THAT A VIOLATION OF THIS ACT DOES NOT CONSTITUTE NEGLIGENCE PER SE AND IS NOT ADMISSIBLE IN A CIVIL ACTION; AND TO PROVIDE CONDITIONS FOR WAIVING THE PENALTY FOR FIRST VIOLATIONS.

Read the first time and referred to the Committee on Transportation.


Printed Page 109 . . . . . Tuesday, January 12, 1999

S. 279 (Word version) -- Senator Setzler: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS ANDLAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 280 (Word version) -- Senators Wilson, Hayes, Ryberg, Giese and Leventis: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS AND TO ENACT LEGISLATION ACCORDINGLY.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 281 (Word version) -- Senators Wilson and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

Read the first time and referred to the Committee on Judiciary.

S. 282 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE ALLOWED STATE EMPLOYEES,


Printed Page 110 . . . . . Tuesday, January 12, 1999

SO AS TO ELIMINATE THE REQUIREMENT THAT FOR AN EMPLOYEE TO USE SICK LEAVE TO CARE FOR THE EMPLOYEE'S SICK GRANDCHILD, THE GRANDCHILD MUST RESIDE WITH THE EMPLOYEE AND THE EMPLOYEE MUST BE THE GRANDCHILD'S PRIMARY CARETAKER.

Read the first time and referred to the Committee on Finance.

S. 283 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

Read the first time and referred to the Committee on Finance.

S. 284 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 44-48-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE AGENCY WITH JURISDICTION SHALL GIVE WRITTEN NOTICE TO THE MULTIDISCIPLINARY TEAM AND THE ATTORNEY GENERAL'S OFFICE AT LEAST ONE HUNDRED AND EIGHTY DAYS PRIOR TO THE PERSON'S ANTICIPATED RELEASE DATE; TO FURTHER PROVIDE THAT FOR A PERSON UNDER THE JURISIDICTION OF THE DEPARMENT OF JUVENILE JUSTICE WHO IS INDEFINITELY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH FOR THE TREATMENT OF A SERIOUS EMOTIONAL DISTURBANCE, NOTICE SHALL BE PROVIDED AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE THE JUVENILE'S ANTICIPATED RELEASE DATE; TO FURTHER PROVIDE THAT THE PROVISIONS OF THE ACT ARE NOT JURISDICTIONAL AND FAILURE TO COMPLY WITH THE PROVISIONS DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM PROCEEDING AGAINST A PERSON WHO MAY BE SUBJECT TO THE ACT; TO AMEND SECTION 44-48-50 SO AS TO PROVIDE THAT CERTAIN RECORDS MUST BE GIVEN TO THE MULTIDISCIPLINARY TEAM WHEN THE AGENCY WITH


Printed Page 111 . . . . . Tuesday, January 12, 1999

JURISDICTION GIVES NOTICE; TO AMEND SECTION 44-48-70 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA OR A PERSON ACTING ON BEHALF OF THE STATE DOES NOT HAVE TO PAY FILING FEES FOR PROCEEDINGS BROUGHT UNDER THIS ACT; TO AMEND SECTION 44-48-80 SO AS TO PROVIDE THAT THE STATE MAY USE HEARSAY EVIDENCE IN THE PROBABLE CAUSE HEARING; TO AMEND SECTION 44-48-90 SO AS TO PROVIDE THAT THE VOLUNTARY EXCHANGE OF INFORMATION BETWEEN PARTIES IS ENCOURAGED BUT FORMAL DEPOSITIONS AND DISCOVERY MAY BE CONDUCTED; TO ADD SECTION 44-48-180 SO AS TO PROVIDE THAT A SEXUALLY VIOLENT PREDATOR WHO IS SUBSEQUENTLY CONVICTED OF A CRIMINAL OFFENSE AND SENTENCED TO INCARCERATION SHALL, UPON SERVING SUCH SENTENCE, BE RETURNED TO THE APPROPRIATE FACILITY FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS.

Read the first time and referred to the Committee on Medical Affairs.

S. 285 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES OR ALCOHOLIC LIQUORS BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL.

Read the first time and referred to the Committee on Judiciary.

S. 286 (Word version) -- Senator Bryan: A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1999" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO THIRTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO FIFTEEN DOLLARS; BY


Printed Page 112 . . . . . Tuesday, January 12, 1999

AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT ON OR AFTER JULY 1, 1999, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENT OF A FOUR-YEAR BACCALAUREATE DEGREE DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT, FROM TWENTY TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO A JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS; TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE

Printed Page 113 . . . . . Tuesday, January 12, 1999

PUNISHABLE BY IMPRISONMENT OR FINES; TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO TWENTY-FIVE DOLLARS; AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.

Read the first time and referred to the Committee on Judiciary.

S. 287 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE THAT A HUSBAND OR WIFE IS REQUIRED TO DISCLOSE ANY COMMUNICATION, CONFIDENTIAL OR OTHERWISE, MADE BY ONE TO THE OTHER DURING THEIR MARRIAGE WHERE THE SUIT, ACTION OR PROCEEDING CONCERNS OR IS BASED ON


Printed Page 114 . . . . . Tuesday, January 12, 1999

CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

Read the first time and referred to the Committee on Judiciary.

S. 288 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE FELONY DRIVING UNDER THE INFLUENCE AS A VIOLENT CRIME.

Read the first time and referred to the Committee on Judiciary.

S. 289 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND SECTION 56-10-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-170, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A


Printed Page 115 . . . . . Tuesday, January 12, 1999

PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2910, AS AMENDED, RELATING TO THE PENALTIES FOR RECKLESS HOMICIDE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE.

Read the first time and referred to the Committee on Transportation.

S. 290 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION 38-53-200, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND.

Read the first time and referred to the Committee on Banking and Insurance.

S. 291 (Word version) -- Senators Holland, Elliott and Passailaigue: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS.

Read the first time and referred to the Committee on Judiciary.

S. 292 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 20-7-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND


Printed Page 116 . . . . . Tuesday, January 12, 1999

NEGLECT, SO AS TO DELETE THE REQUIREMENT THAT AN OFFENDER'S NAME BE REMOVED FROM THE CENTRAL REGISTRY OF ABUSE AND NEGLECT AFTER SEVEN YEARS AND TO REQUIRE THAT AN OFFENDER'S NAME REMAIN IN THE CENTRAL REGISTRY FOR THE LIFE OF THAT PERSON.

Read the first time and referred to the Committee on Judiciary.

S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.

Read the first time and referred to the Committee on Judiciary.

S. 294 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Judiciary.

S. 295 (Word version) -- Senators Wilson and Ryberg: 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 THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY MUST COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE


Printed Page 117 . . . . . Tuesday, January 12, 1999

OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Judiciary.

S. 296 (Word version) -- Senator Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 35, THE FIRST PURCHASE FAMILY HOUSING ACT, SO AS TO AUTHORIZE THE ESTABLISHMENT OF INDIVIDUAL HOUSING ACCOUNTS, TO EMPOWER FINANCIAL INSTITUTIONS TO HANDLE THE ACCOUNTS, AND TO PROVIDE THAT CONTRIBUTIONS TO THE ACCOUNTS WHEN USED SOLELY IN CONNECTION WITH THE PURCHASE OF A FIRST PRINCIPAL RESIDENCE ARE TAX DEDUCTIBLE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 297 (Word version) -- Senators Wilson, Elliott and Ryberg: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY POSSESS AN OPEN CONTAINER IN CERTAIN PORTIONS OF A MOVING LIMOUSINE OR CHARTERED BUS.

Read the first time and referred to the Committee on Judiciary.

S. 298 (Word version) -- Senators Leventis, Courson, Cork, Bryan, Elliott and Passailaigue: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47, SO AS TO REENACT AND PROVIDE FOR THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR THE APPOINTMENT OF TWO MEMBERS TO THE COMPACT COMMISSION FROM THIS STATE; TO CREATE AN ADVISORY COMMITTEE TO CONSULT WITH AND ADVISE THE STATE'S REPRESENTATIVES TO THE COMPACT COMMISSION CONCERNING TECHNICAL AND POLICY MATTERS; TO PROVIDE FOR THE DEVELOPMENT AND OPERATION OF HOST STATE FACILITIES; TO PROVIDE FOR PARTY STATES; TO PROVIDE THAT IF SOUTH CAROLINA DETERMINES THAT ANY MEMBER STATE IS NOT ACTING IN GOOD FAITH IN


Printed Page 118 . . . . . Tuesday, January 12, 1999

COMPLYING WITH THE TERMS OF THE COMPACT THEN IT SHALL WITHDRAW IMMEDIATELY; TO PROVIDE THAT A HOST STATE MAY ENFORCE PENALTIES AND SANCTIONS AGAINST PARTY STATES WHO VIOLATE THE COMPACT; TO AMEND SECTION 48-48-30 RELATING TO LIMITS ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT BARNWELL BY PROVIDING THAT THE FACILITY MAY ACCEPT NO MORE THAN SIX MILLION CUBIC FEET OF WASTE BEGINNING JANUARY 1, 2000, AND ENDING JANUARY 1, 2019; TO AMEND SECTION 48-48-80 RELATING TO LOW-LEVEL RADIOACTIVE WASTE COMPACT NEGOTIATING COMMITTEE BY PROVIDING THAT THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SECTION 48-47-330 SHALL MEET WITH REPRESENTATIVES OF OTHER STATES REGARDING SOUTH CAROLINA'S POSSIBLE REENTRY INTO THE COMPACT; TO AMEND SECTION 48-48-90 RELATING TO CARRYING FORWARD OF UNUSED ANNUALIZED SITE CAPACITY BY REDUCING FROM TWO HUNDRED THOUSAND CUBIC FEET TO THIRTY-FIVE THOUSAND CUBIC FEET THE AMOUNT OF UNUSED SITE CAPACITY THAT MAY BE CARRIED FORWARD WHEN THE SITE DOES NOT RECEIVE AS MUCH AS THREE HUNDRED THOUSAND CUBIC FEET IN A CALENDAR YEAR; AND TO AMEND SECTION 48-48-140 RELATING TO THE IMPOSITION OF CERTAIN TAXES BY REVISING OUTDATED REFERENCES IN THIS SECTION.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 299 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, SO AS TO DEFINE A 3.0 CUMULATIVE GRADE POINT AVERAGE AS AN EIGHTY OR ABOVE ON A HUNDRED-POINT SCALE.

Read the first time and referred to the Committee on Education.

S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR


Printed Page 119 . . . . . Tuesday, January 12, 1999

ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.

Read the first time and referred to the Committee on Judiciary.

S. 301 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 20, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE BY ADDING ARTICLE 4, SO AS TO ENACT THE SOUTH CAROLINA COVENANT MARRIAGE ACT BY AUTHORIZING COUPLES TO ENTER INTO COVENANT MARRIAGES AND PROVIDING FOR COVENANT MARRIAGE DECLARATIONS ON MARRIAGE LICENSES, PROVIDING PREREQUISITES TO ENTERING INTO A COVENANT MARRIAGE, INCLUDING COUNSELING, AUTHORIZING A COVENANT MARRIAGE DECLARATION BY THOSE ALREADY MARRIED, AND REQUIRING THE ATTORNEY GENERAL TO PUBLISH A COVENANT MARRIAGE PAMPHLET; TO ADD SECTION 20-1-225 SO AS TO REQUIRE COVENANT MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR SEXUALLY TRANSMITTED DISEASES, TO REQUIRE THE CERTIFICATE TO BE FILED WITH THE PROBATE COURT, AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 20-1-220 AND 20-1-230, BOTH AS AMENDED, 20-1-310, AND 20-1-340, ALL RELATING TO THE APPLICATION, ISSUANCE, AND FILING OF MARRIAGE LICENSES, SO AS TO APPLY THESE PROCEDURES TO LICENSES FOR COVENANT MARRIAGES AND TO REQUIRE A THIRTY DAY WAITING PERIOD BEFORE ISSUANCE OF A COVENANT MARRIAGE LICENSE; TO AMEND SECTION 20-1-240 RELATING TO DISTRIBUTION OF FAMILY PLANNING INFORMATION TO MARRIAGE LICENSE APPLICANTS, SO AS TO ALSO REQUIRE THE DISTRIBUTION OF COVENANT MARRIAGE PAMPHLETS AND TO REQUIRE APPLICANTS TO SIGN A STATEMENT THAT THEY HAVE RECEIVED THIS PAMPHLET; AND TO AMEND SECTION 20-3-10 RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR DIVORCE OF CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.

Read the first time and referred to the Committee on Judiciary.


Printed Page 120 . . . . . Tuesday, January 12, 1999

S. 302 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF TEACHERS, SO AS TO PROVIDE THAT AMERICAN CITIZENSHIP SHALL NOT BE A QUALIFICATION FOR RECEIVING CERTIFICATION TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE.

Read the first time and referred to the Committee on Education.

S. 303 (Word version) -- Senators Alexander, J. Verne Smith, Bryan, Jackson, Hayes, Courtney, Branton, Washington, Wilson, Elliott, Passailaigue, Ryberg, O'Dell, Holland, McConnell, McGill and Giese: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

Read the first time and referred to the Committee on Judiciary.

S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.


Printed Page 121 . . . . . Tuesday, January 12, 1999

S. 305 (Word version) -- Senator Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.

Read the first time and referred to the Committee on Judiciary.

S. 306 (Word version) -- Senator Mescher: A BILL TO AMEND SECTIONS 9-17-10, 9-17-20, 9-17-30 AND 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR FACULTY AND ADMINISTRATION OF PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO EXTEND ELIGIBILITY FOR THIS OPTIONAL RETIREMENT PROGRAM TO ALL PUBLIC EMPLOYEES NEWLY HIRED ON OR AFTER JULY 1, 1999.

Read the first time and referred to the Committee on Finance.

S. 307 (Word version) -- Senator Lander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 BYPASS IN NEWBERRY COUNTY FROM U. S. HIGHWAY 76 (WILSON ROAD) TO SOUTH CAROLINA HIGHWAY 121 (KENDALL ROAD) AS "BOB LAKE BOULEVARD" IN HONOR OF THE HONORABLE ROBERT C. LAKE, JR., WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS A STATE SENATOR IN THE SOUTH CAROLINA SENATE FOR SIXTEEN YEARS AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS VICE CHAIR AND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AS A TRUSTEE OF WINTHROP UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.


Printed Page 122 . . . . . Tuesday, January 12, 1999

REPORTS OF STANDING COMMITTEE
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Banker's Association to attend a reception at the Columbia Museum of Art on Tuesday, January 12, 1999, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Baptist Convention to attend a buffet breakfast at the Holiday Inn Coliseum on Thursday, January 14, 1999, from 7:30 until 9:00 A.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell

Printed Page 123 . . . . . Tuesday, January 12, 1999

Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Chamber of Commerce to attend a reception at the Capital City Club on Tuesday, January 19, 1999, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:


Printed Page 124 . . . . . Tuesday, January 12, 1999

An invitation from S.C. Manufacturers Alliance to attend a breakfast at the Adam's Mark on Wednesday, January 20, 1999, from 7:30 until 9:30 A.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Chapter of the Appraisal Institute to attend a buffet breakfast at the Summit Club on Thursday, January 21, 1999, from 8:00 until 9:30 A.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10


Printed Page 125 . . . . . Tuesday, January 12, 1999

NAYS

TOTAL--0

NOT VOTING

TOTAL-0

MOTION ADOPTED

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David A. Dennis, Sr. of Moncks Corner, S.C.

ADJOURNMENT

At 1:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:45 A.M.

* * *

This web page was last updated on Friday, June 26, 2009 at 9:41 A.M.