Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator SETZLER.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words recorded in the Book of Lamentations, Chapter 3 (vv. 57-58):

"You came near when I called You, and You said, 'Do not fear.'

O Lord, You took up my case; You redeemed my life."
Let us pray.

Our Father, we lift up our prayer this morning in gratitude for the life and labors of Your servant, Herbert Howard Giese of Wisconsin, brother of Warren, our co-laborer here. Give, we pray, to his family every measure of Your grace and assurances of Life Eternal for all believers.

We are grateful for the healing You have provided for the body of Your servant, Hugh Leatherman, and for his return to his labors with us.

O Lord, our God, we need Your guidance and Your help in all we do. Let Your wisdom counsel us, Your hand lead us, and Your arm support us. Conform us to Your image for us, and help us to live as a true child of our Heavenly Father... always!
Amen.

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

The following appointments were transmitted by the Honorable James H. Hodges:

Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Elizabeth F. Gulledge, P. O. Box 131, Ruby, S.C. 29741

Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Richard R. Lee, Route 1, Box 366-A, Cheraw, S.C. 29520

Initial Appointment, Director of the Department of Insurance, with term coterminous with Governor:

Ernst N. J. Csiszar, 201 Holliday Rd., Columbia, S.C. 29223 VICE Lee P. Jedziniak

Referred to the Committee on Banking and Insurance.

The following was received:

Document No. 2295
Agency: Department of Social Services
SUBJECT: Supplemental Benefits for Adoption and Medical Assistance
Received by Lieutenant Governor April 22, 1998
Referred to General Committee
February 25, 1999 House Medical, Military, Public and Municipal Affairs Committee Requested Withdrawal
120 Day Period Tolled
March 4, 1999 Withdrawn

Senator WILSON introduced Dr. Marion F. McFarland of Columbia, S.C., Doctor of the Day.

On motion of Senator BRYAN, at 12:05 P.M., Senator GIESE was granted a leave of absence for today and lasting until 11:30 A.M. on Wednesday, March 10, 1999.

The following were introduced:

S. 573 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME ROAD S-14-547 IN CLARENDON COUNTY BETWEEN HIGHWAY 260 AND ROAD S-14-25 AS "JOSEPH LEMON AND DINGLE ROAD" IN HONOR OF THE LATE JOSEPH LEMON AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THE DESIGNATION.

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

S. 574 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-235, SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ESTABLISH A SENIOR EXECUTIVE SERVICE TO ATTRACT, DEVELOP, AND RETAIN HIGHLY COMPETENT SENIOR LEVEL MANAGERS FOR EXECUTIVE POSITIONS IN STATE GOVERNMENT, TO PROVIDE THE CRITERIA APPLICABLE TO MEMBERS, INCLUDING THE RIGHT TO RETURN TO A POSITION SUBJECT TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND TO SPECIFY THOSE PERSONS WHO MAY APPLY FOR SELECTION TO THE SERVICE, TO ESTABLISH THE SENIOR EXECUTIVE SERVICE SCREENING PANEL AND PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE SCREENING, SELECTION, REVIEW, AND REMOVAL OF APPLICANTS FOR AND MEMBERS OF THE SENIOR EXECUTIVE SERVICE, AND TO PROVIDE FOR THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD TO STAFF THIS PANEL.

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

S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.

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

S. 576 (Word version) -- Senator Land: A BILL TO AMEND SECTION 39-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNFAIR TRADE PRACTICES ACT, SO AS TO PROVIDE DEFINITION FOR THE TERM "ASCERTAINABLE LOSS", AND TO AMEND SECTION 39-5-50 OF THE 1976 CODE, RELATING TO UNFAIR TRADE PRACTICES, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY REQUEST THAT THE ATTORNEY GENERAL EITHER BRING AN ACTION IN THE NAME OF THE STATE AGAINST A PERSON WHO HAS USED OR IS USING ANY METHOD, ACT, OR PRACTICE RELATING TO UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS, OR TO ALLOW THAT INDIVIDUAL TO PURSUE AN ACTION AGAINST A PERSON USING UNFAIR METHODS OF COMPETITION, WITH CERTAIN POWERS DEVOLVED TO THAT INDIVIDUAL BY THE ATTORNEY GENERAL.

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

S. 577 (Word version) -- Senators McConnell, Leventis, Ryberg and Ford: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.

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

S. 578 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SECTION 7-13-40, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.

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

S. 579 (Word version) -- Senators McConnell, Passailaigue, Ravenel, Branton, Hutto and Washington: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITS APPLIED AGAINST STATE INCOME TAX LIABILITY, BY ADDING SECTION 12-6-3395 SO AS TO ALLOW A TAX CREDIT OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.

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

S. 580 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 50-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT REPORTS FOR VESSELS FILED WITH THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT REPORTS ARE AVAILABLE UPON WRITTEN REQUEST FROM ANY PERSON SO LONG AS THE INFORMATION CONTAINED THEREIN IS NOT TO BE USED FOR COMMERCIAL SOLICITATION PURPOSES.

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

S. 581 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.

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

S. 582 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE SANTEE FIRE SERVICE DISTRICT FOR THEIR TWENTIETH YEAR ANNIVERSARY CELEBRATION AND TO RECOGNIZE THE HARD WORK AND DEDICATION OF THOSE INDIVIDUALS WHO, OVER THE PAST TWENTY YEARS, PROVIDED FIRE SERVICES TO PROTECT THE LIVES AND PROPERTY OF THE RESIDENTS OF THE SANTEE FIRE SERVICE DISTRICT.

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

S. 583 (Word version) -- Senator Wilson: A SENATE RESOLUTION TO HONOR DR. KENNETH R. STEVENSON OF THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF EDUCATION FOR HIS DISTINGUISHED SERVICE IN CHAIRING THE SELECTION COMMITTEE FOR THE ANNUAL CAROLINA FIRST PALMETTO'S FINEST SCHOOLS AWARD.

The Senate Resolution was adopted.

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

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

H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 16-23-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TRANSPORTATION OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN OR RIFLE WITHIN THE STATE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-230, AS AMENDED, RELATING TO UNLAWFUL STORING, KEEPING, OR POSSESSING A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-240, AS AMENDED, RELATING TO UNLAWFUL SALE, RENTAL, OR GIVING AWAY OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; AND TO AMEND SECTION 23-31-370, AS AMENDED, RELATING TO SPECIAL LIMITED LICENSES FOR POSSESSION, TRANSPORTATION, AND SALE OF MACHINE GUNS, SO AS TO PROVIDE THAT A PERSON LICENSED PURSUANT TO FEDERAL LAW MAY POSSESS, STORE, KEEP, TRANSPORT, OR SELL A MACHINE GUN IN THIS STATE AFTER SECURING A SPECIAL LIMITED LICENSE FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROHIBIT THE SALE OF MACHINE GUNS TO AGENCIES OR PERSONS NOT AUTHORIZED TO POSSESS MACHINE GUNS, TO REQUIRE CERTAIN INFORMATION PERTAINING TO LICENSEES AND CONCERNING THE SALE OR TRANSFER OF MACHINE GUNS BE PROVIDED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER THIS SECTION, AND TO PROVIDE PENALTIES.

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

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

Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

H. 3626 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF REVENUE TO PROMULGATE STRICT AND COMPREHENSIVE REGULATIONS NECESSARY TO REGULATE THE OPERATION OF VIDEO GAME MACHINES WITH A FREE PLAY FEATURE INCLUDING A RECOMMENDATION FOR THE IMPOSITION OF A TAX RATE AND REGULATIONS TO IMPOSE FEES ON SUCH MACHINES OR ON THE OWNERS, DISTRIBUTORS, OR OPERATORS THEREOF IN AN AMOUNT NECESSARY TO GENERATE REVENUE IN THE AGGREGATE OF AT LEAST TWO HUNDRED MILLION DOLLARS ANNUALLY, AND TO PROVIDE FOR THE PROCEDURES UNDER WHICH THE REGULATIONS MUST BE PROMULGATED INCLUDING A PROVISION THAT THEY MUST BE SUBMITTED TO THE GENERAL ASSEMBLY BY APRIL 1, 1999, AND ARE DEEMED APPROVED ON JUNE 3, 1999, IF THE GENERAL ASSEMBLY HAS NOT ENACTED A JOINT RESOLUTION PRIOR TO THIS DATE APPROVING OR DISAPPROVING SUCH REGULATIONS.

Senator PASSAILAIGUE raised a Point of Order that the Bill was out of order inasmuch as it was violative of Section 5, Article X and Section 8, Article I of the S. C. Constitution.

Senators MARTIN, PASSAILAIGUE, McCONNELL and RYBERG spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order raised by Senator PASSAILAIGUE.

Senator MOORE spoke on the Bill.

Senator MOORE asked unanimous consent to make a motion that the Bill be read the first time and ordered placed on the Calendar without reference.

Senator HAYES objected.

Senator MOORE moved that H.3626 be referred to the Committee on Judiciary.

Senators HOLLAND, LAND and DRUMMOND spoke on the motion.

At 12:40 P.M., the PRESIDENT assumed the Chair.

Senator DRUMMOND spoke on the motion.

At 12:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed ten minutes.

At 1:10 P.M., the Senate resumed.

On motion of Senator MOORE, with unanimous consent, the motion to refer the Bill to the Committee on Judiciary was withdrawn.

Senator LAND spoke on the Bill.

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

H. 3661 (Word version) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

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

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT, WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE.

Senator PASSAILAIGUE raised a Point of Order that the Bill was out of order inasmuch as it was violative of Section 15, Article III of the S.C. Constitution.

The PRESIDENT took the Point of Order under advisement.

The Point of Order was subsequently withdrawn on March 10, 1999.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 557 favorable:

S. 557 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999, AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3645 favorable:

H. 3645 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999 AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ-TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

H. 3558 (Word version) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: 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 ECONOMIC DEVELOPMENT 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 INSTITUTIONS; 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 FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.

At 1:20 P.M., Senator MARTIN assumed the Chair.

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.

Senator WILSON explained the Bill.

S. 376 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.

S. 404 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO INCREASE FROM FIVE TO FIFTEEN THE MINIMUM HOURS A PERSON MAY BE REQUIRED TO PERFORM LITTER-GATHERING LABOR OR OTHER FORM OF PUBLIC SERVICE IF CONVICTED OF THE OFFENSE OF LITTERING.

S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

S. 277 (Word version) -- Senators Thomas, Giese and Wilson: 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.

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0277.002.DOC), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION   1.   The 1976 Code is amended by adding:

"Section 16-13-470.   (A)   It is unlawful for a person to sell or give away urine in this State or transport urine into this State with the intent of using the urine to defraud a drug-screening test.

(B)   A person who violates a provision of subsection (A):

(1)   for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both;

(2)   for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

(C)   It is unlawful for a person to purchase urine with the intent to defraud a drug-screening test. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both."

SECTION   2.   This act takes effect upon approval by the Governor. /

Amend title to conform.

The amendment was adopted.

Senators PATTERSON and BRYAN proposed the following amendment (277ROO1.KP), which was adopted:

Amend the committee report, as and if amended, page [277-1], by striking lines 33 through 37.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

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

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

H. 3639 (Word version) -- Rep. Carnell: A BILL TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE, SO AS TO INCREASE THIS DISTRIBUTION TWO MILLS BEGINNING WITH THE 1999-2000 SCHOOL YEAR.

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

S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: 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.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senators PASSAILAIGUE, MCCONNELL, RAVENEL, MESCHER, COURSON, THOMAS, MARTIN, RANKIN, RUSSELL, GIESE, BRANTON, BRYAN, WILSON, CORK, REESE, ELLIOTT and FORD proposed the following amendment No. 1B (11R007.ELP):

Amend the joint resolution, as and if amended, by adding the following new SECTIONS to read:
/   SECTION   _____.     It is proposed that Section 4, Article X of the Constitution of this State is amended to read:

"Section 4.   (A)   The General Assembly shall provide for the assessment of all property for taxation, whether for state, county, school, municipal or any other political subdivision. All taxes shall be levied on that assessment. The governing body of a county may, by ordinance, determine fair market value of real property as provided in subsections (B), (C), and (D).

(B)   Except as provided in subsection (C) of this section and notwithstanding any other provision of Article X, an amount of fair market value of a parcel of real property located in a county sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program is exempt from ad valorem taxation.

(C)   The exemption allowed by this section does not apply to:

(1)   real property valued for property tax purposes by the unit valuation method;

(2)   value attributable to permanent improvements made after the most recent countywide equalization program;

(3)   property transferred after the most recent countywide equalization program (except property transfers between spouses or transfers that are not subject to income tax as defined by the Internal Revenue Code and incorporated by reference or otherwise enacted by the General Assembly);

(4)   the computation of the index of taxpaying ability or other formulas as may be enacted regarding state aid for public education (K-12);

(5)   the computation of the debt ceiling limitation.

(D)   The governing body of a county by ordinance may implement the provisions of this section to the prior countywide appraisal and equalization program, provided a taxpayer is not eligible for a refund of past property taxes based upon the enactment of an ordinance authorized by this section."

SECTION   ____.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 4 of Article X of the Constitution of this State be amended so as to limit, with certain exceptions, the increase in value to fifteen percent for a parcel of real property as a result of a countywide reassessment?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /

Senator PASSAILAIGUE explained the amendment.

Senator BRYAN objected to further consideration of the Bill.

S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.

On motion of Senator McCONNELL, the Bill was carried over.

S. 388 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.

Senator COURTNEY explained the Bill.

On motion of Senator COURTNEY, the Bill was carried over.

Senator PASSAILAIGUE objected to further consideration of the uncontested statewide Calendar.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: 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.

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

Senator BRYAN was recognized to speak on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator BRYAN retaining the floor.

Having received a favorable report from the Chesterfield County Delegation, the following appointments were confirmed in open session:

Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Elizabeth F. Gulledge, P. O. Box 131, Ruby, S.C. 29741

Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Richard R. Lee, Route 1, Box 366-A, Cheraw, S.C. 29520

On motion of Senators PASSAILAIGUE, DRUMMOND, ALEXANDER, ANDERSON, BRANTON, BRYAN, CORK, COURSON, COURTNEY, ELLIOTT, FAIR, FORD, GLOVER, GREGORY, GROOMS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, RANKIN, RAVENEL, REESE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, WALDREP, WASHINGTON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Herbert Howard Giese of Wisconsin, brother of our colleague, Senator GIESE.

At 1:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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