Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, St. Luke, the physician, records some of the words of Jesus. Hear these, Chapter 22:

"Simon, Simon, behold Satan demanded to have you, that he might

sift you like wheat, but I have prayed for you that your faith may

not fail... and that you will strengthen your brethren."
Let us pray.

Our Father, each day brings to us the responsibility of making so many decisions. Sometimes, it is a soul searching struggle to decide just what is the right thing to do under certain circumstances.

Lord, we confess that sometimes we are pressed between the right and moral thing to do and the money involved and the political power that is interfaced.

Help us to hear Jesus saying:

"I have prayed for you! Strengthen your brethren."
Amen.

The 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, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Helen E. Clawson, 4 Limehouse Street, Charleston, S.C. 29401

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

David W. Coker, 4050 Bridgeview, North Charleston, S.C. 29405

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Robert Davenport, 2211 Zinker Road, Rock Hill, S.C. 29732

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Edward H. Harvey, 190 Lawson Lake Drive, Clover, S.C. 29710

Senator RAVENEL introduced Dr. Donald Johnson of Mt. Pleasant, S.C., Doctor of the Day.

S. 100 (Word version) -- Senators McConnell, Passailaigue, Ford, Mescher, Ravenel, Branton, Grooms, Elliott, Washington and Reese: 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.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator PASSAILAIGUE, the Bill was ordered placed on the Calendar.

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

On motion of Senator MOORE, the Bill was ordered returned to the third reading Calendar.

The following were introduced:

S. 618 (Word version) -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.

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

S. 619 (Word version) -- Senators Leventis, Land, Moore, McConnell, Hutto, Reese, Washington and Giese: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.

Senator LEVENTIS spoke on the Joint Resolution.

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

S. 620 (Word version) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS AND TO REQUIRE THE DEPARTMENT TO REQUEST THE DELETION OF SOCIAL SECURITY NUMBERS FROM ANY DATABASE PREVIOUSLY TRANSFERRED BY THE DEPARTMENT TO A THIRD PARTY WITH WHICH THE DEPARTMENT HAS CONTRACTED.

Senator MARTIN spoke on the Joint Resolution.

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

Senator MARTIN asked unanimous consent to make a motion that the Resolution be given second and third readings on the next two consecutive legislative days.

Senator McCONNELL objected.

S. 621 (Word version) -- Senator Mescher: A BILL TO AMEND ARTICLE 7, CHAPTER 31, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT REGULATORY AUTHORITY OVER FIREARMS, BY ADDING SECTIONS 23-31-513 THROUGH 23-31-517 SO AS TO RESERVE TO THE STATE THE RIGHT TO REGULATE THE ACTIVITIES OF AND THE RIGHT TO INSTITUTE AND MAINTAIN CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR AMMUNITION MANUFACTURERS, TRADE ASSOCIATIONS, AND DEALERS.

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

S. 622 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS 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.

Senator J. VERNE SMITH spoke on the Joint Resolution.

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

S. 623 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.

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

H. 3746 (Word version) -- Reps. Allison, Seithel, Edge, Bales, Barrett, Battle, Beck, Breeland, Cato, Chellis, Clyburn, Dantzler, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, J. Hines, Hinson, Jennings, Kelley, Klauber, Koon, Law, Lee, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McGee, Meacham, Parks, Phillips, Rhoad, Rice, Rodgers, Simrill, Stille, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Woodrum: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.

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

H. 3753 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.

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

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 12 (Word version) -- Senators Leventis, Hutto, Glover, Washington and Short: 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.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 311 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-95 SO AS TO PROVIDE THAT THE SCHOOL TO WORK ADVISORY COUNCIL SHALL REPORT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE EDUCATION COMMITTEE BY JANUARY 1, 2000, AS TO THE PROGRESS MADE IN ESTABLISHING THE SCHOOL-TO-WORK SYSTEM, DIFFICULTIES ENCOUNTERED, AND ANY ACTIONS REQUIRED BY THE GENERAL ASSEMBLY TO ENSURE SUCCESS OF THE SYSTEM; TO PROVIDE THAT NO STATE FUNDS SHALL BE EXPENDED TO SUPPORT THE CONTINUATION OF THE ADVISORY COUNCIL, AND THE ADVISORY COUNCIL SHALL TERMINATE ON DECEMBER 1, 2002; AND TO AMEND SECTION 59-52-90, RELATING TO THE SCHOOL TO WORK ADVISORY COUNCIL AND OTHER RELATED MATTERS, SO AS TO DELETE REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2002.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3601 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3722 favorable:

H. 3722 (Word version) -- Reps. Lucas, J. Hines and Neilson: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 29 - APRIL 3, 1999, AS "SOUTHEASTERN BASEBALL CLASSIC WEEK".

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

Ordered for consideration tomorrow.

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

The House returned the Joint Resolution with amendments.

On motion of Senator MARTIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.

Senator PASSAILAIGUE asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate, not to be taken up for consideration before April 1, 1999.

There was no objection.

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. 3725 (Word version) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.

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

S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.

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

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.

S. 601 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 602 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE COMMISSION, RELATING TO VACATION TIME-SHARING, EDUCATIONAL PROVIDERS, AND REAL ESTATE PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 603 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO FEES, USE OF SEAL, CONTINUING EDUCATION, AND REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 604 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 605 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FEES, COMMISSIONS, ACCOUNTING FIRMS, LICENSURE, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 606 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO DEFINITIONS, OFFICERS, MEETINGS, SEAL OF THE BOARD, APPLICATIONS AND FEES, REGISTRATION BY EXAMINATION, REGISTRATION BY RECIPROCITY, RENEWALS, DUPLICATE CERTIFICATES, PRACTICE OF FIRMS, SEALS, ETHICS, MANNER OF DISCIPLINE, AND REINSTATEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 607 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR SAFETY, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.

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

Senators MOORE and GIESE proposed the following amendment (493 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 5, Section 40-13-230(B)(2), by deleting line 28 in its entirety and inserting:
/(2) has completed at least four hundred fifty/

Amend further, page 5, Section 13-230(C)(2) by deleting lines 38-41 and inserting:
/(2) has completed at least three hundred hours in classes in manicuring in a reliable nail technician school approved by the board or comparable training approved by the board; and/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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, Fair, Hayes, Leatherman and Russell: 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.

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

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

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

S. 424 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD, AND TO DELETE PARAGRAPH 36.12, SECTION 36, PART IB OF ACT 419 OF 1998 WHICH AUTHORIZES THE SALE OF SUCH ITEMS.

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

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

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE 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 AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

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

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

S. 45 (Word version) -- Senators Jackson, Elliott, Glover and Washington: 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, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, 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, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND 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, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, 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; AND 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.

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

Senator FAIR proposed the following Amendment No. 1 (PT\1365AC99), which was tabled:

Amend the bill, as and if amended, Section 16-1-130, by adding at the end of the section:

/ (F)   This section does not apply to any crime if the race, color, ethnicity, national origin, ancestry, religion, gender, sexual orientation, or disability of the victim of the crime is based in the victim knowingly engaging in any illegal behavior. /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator JACKSON spoke on the amendment.

Senator JACKSON moved to lay the amendment on the table.

The amendment was laid on the table.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Senator FAIR asked unanimous consent to make a motion to take up for immediate consideration two amendments.

Senator JACKSON objected.

Senator BRYAN asked unanimous consent to make a motion to give the Bill a third reading was reconsidered.

There was no objection.

Senator FAIR asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 2

There was no objection.

Senator FAIR proposed the following Amendment No. 3 (45R006.MLF), which was tabled:

Amend the bill, as and if amended, page 2, line 35, by inserting before the word / evidence / the following:

/   evidence that the defendant committed child abuse or neglect, or     /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator CORK argued contra to the adoption of the amendment.

Senator CORK moved to lay the amendment on the table.

The amendment was laid on the table.

Senator FAIR proposed the following Amendment No. 2 (45R007.MLF), which was tabled:

Amend the bill, as and if amended, page 2, line 35, by adding before the word / evidence / the following:

/   evidence that the defendant committed spousal abuse, or     /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator BRYAN spoke on the amendment.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

The question then was the third reading of the Bill.

Senator FAIR spoke on the Bill.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

Senators WALDREP, FAIR, and MESCHER desired to be recorded as voting against the third reading of the Bill.

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

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Helen E. Clawson, 4 Limehouse Street, Charleston, S.C. 29401

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

David W. Coker, 4050 Bridgeview, North Charleston, S.C. 29405

Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449

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

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Robert Davenport, 2211 Zinker Road, Rock Hill, S.C. 29732

Reappointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Edward H. Harvey, 190 Lawson Lake Drive, Clover, S.C. 29710

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Reverend Dr. Phillip Montford Spencer of Cayce, S.C.

Senator MOORE moved that, when the Senate adjourns on Friday, March 19, 1999, it stand adjourned to meet next Tuesday, March 23, 1999, at 12:00 Noon, which motion was adopted.

At 12:35 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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