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, from olden times the faithful have sung the words of Psalm 113 (v. 3):

"From the rising of the sun unto the going down of the same,

The Lord's Name is to be praised."
Let us pray.

Lord God, the God of the Hebrew children, and our God: You have led us and helped us through many days!

Help us now, as we begin to "tidy-up" our portion of the Ship-of-State; so that, when we do "come-to-dock" at the end of this session, no pressing decision will be left pending, and no necessary cause left unchampioned.

Dear Lord, our Lord, by some wonderful alchemy of divine grace, take, we pray, the baser metals of our diverse thoughts and proposals and change them into the golden conclusions that might approach something that You can bless!
Amen.

At 11:06 A.M., on motion of Senator GIESE, the Senate receded from business not to exceed ten minutes.

At 11:18 A.M., the Senate resumed.

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:

Initial Appointment, Darlington County Magistrate, with term to commence June 30, 1999, and to expire April 30, 2003:

William Edward White, 311 Woodpecker Lane, Hartsville, S.C. 29550 VICE William Cleveland Morris

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

Robert A. Stanton, 2543 Academy Road, McColl, S.C. 29570

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

Carroll M. Gray, Post Office Box 418, Bennetsville, S.C. 29512

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

John Cecil Moore, Post Office Box 321, North, S.C. 29112

Senator J. VERNE SMITH introduced Dr. John Sanders of Greenville, S.C., Doctor of the Day.

At 12:45 P.M., Senator GIESE requested a leave of absence from 5:30 - 9:30 P.M.

At 12:45 P.M., Senator LEATHERMAN requested a leave of absence beginning at 4:00 P.M., and lasting until 11:00 A.M. tomorrow.

At 4:20 P.M., Senator RAVENEL requested a leave of absence until 11:00 A.M. Thursday.

Senator THOMAS rose to a Point of Personal Privilege.

H. 3416 (Word version) -- Reps. Rodgers, Lloyd, Chellis, Clyburn, Kelley, Altman, Sandifer, Gilham, Harris, Kennedy, Martin, Seithel, Taylor, Hayes, McGee, Ott, Stuart, Neilson, Stille, Davenport, R. Smith, Wilkins, Dantzler, Gourdine, Beck, Riser, Bowers, Barrett, Young-Brickell, Hinson, Jennings, Whipper, Phillips, Lucas and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PURPLE HEART HIGHWAY AS A MEANS OF HONORING COMBAT-WOUNDED VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART MEDAL, TO ERECT APPROPRIATE MARKERS OR SIGNS TO INDICATE THIS, AND TO REQUEST THE GOVERNOR OF THIS STATE TO ISSUE A PROCLAMATION ESTABLISHING THE PURPLE HEART HIGHWAY ON FEBRUARY 22, 2000, AND DIRECTING THE ASSISTANCE OF THE DEPARTMENT OF VETERANS AFFAIRS, THE DEPARTMENT OF TRANSPORTATION, AND OTHER STATE AGENCIES AS MAY BE IN ORDER TO PROVIDE ASSISTANCE IN THE DEDICATION AND ESTABLISHMENT OF THE HIGHWAY.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator LAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

There was no objection.

S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.

On motion of Senator SETZLER, the Bill was ordered returned to the House.

S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senators SALEEBY and HOLLAND proposed the following amendment (JUD0373.001), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/   SECTION   ____.   Section 7-13-1330 of the 1976 Code is amended to read:

"Section 7-13-1330.   (a)(A)   Before any kind of vote recorder system, including an optical scan voting system, is used at any election it shall be approved by the State Election Commission which shall examine such the vote recorder and shall make and file in its the commission's office a report, attested by the signature of its the executive director, stating whether, in its the opinion of the commission, the kind of vote recorder so examined can be safely accurately and efficiently used by electors at elections, as provided by law. No vote recorder or optical scan voting system may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder can be so used, the recorder shall be deemed considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided.

(b)(B)   No kind of vote recorder not so approved pursuant to this section shall be used at any election and if, upon the reexamination of any type vote recorder previously approved, it shall appear appears that the vote recorder so reexamined can no longer be safely accurately and efficiently used by electors at elections as provided by law, the approval of the same shall forthwith vote recorder must immediately be revoked by the State Election Commission, and no such type vote recorder shall thereafter be purchased for use or used in this State.

(c)(C)   When If a vote recorder, including an optical scan voting system, which has been so was approved for use before July 1, 1999, is improved or otherwise changed in a way since its approval no improvement or change that does not impair its accuracy, efficiency, or capacity, shall render necessary a reexamination or reapproval of the vote recorder, or of its kind the vote recorder may be used in elections. However, if the software, hardware, or firmware of the system is improved or otherwise changed, the system must comply with the requirements of subsection (A).

(d)(D)   Any person or company requesting who requests an examination of any type of vote recorder or optical scan voting system shall pay an a nonrefundable examination fee of twenty-five one thousand dollars for a new voting system and an non-refundable examination fee of five hundred dollars for an upgrade to any existing system to the State Election Commission. The State Election Commission may at any time, in its discretion, reexamine any vote recorder or optical scan voting system when evidence is presented to the commission that the accuracy or the ability of the system to be used satisfactorily in the conduct of elections is in question.

(e)(E)   Any person or company who seeks approval for any vote recorder or optical scan voting system in this State must file with the State Election Commission a list of all states or jurisdictions in which the system has been approved for use. This list must state how long the system has been used in the state; contain the name, address and telephone number of that state or jurisdiction's chief election official; and must disclose any reports compiled by state or local government concerning the performance of the system. The vendor is responsible for filing this information on an ongoing basis.

(F)   Any person or company who seeks approval for any vote recorder or optical scan voting system must file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(G)   Any person or company who seeks approval for any vote recorder or optical scan voting system must conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting system, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the voting system must be borne by the vendor. The test must be designed to gauge voter reaction to the system, problems that voters have with the system, and the number of voting units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes cast and reported on the system.

(H)   Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA. These source codes must be available to the State Election Commission in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement has been met.

(I)   After a vote recorder or optical scan voting system is approved, an improvement or change in the system must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer or reader to electronically count and record votes or to a printer to accurately reproduce vote totals.

(J)   If the State Election Commission determines that a vote recorder or optical scan voting system that was approved no longer meets the requirements set forth in subsections (A) and (C) or Section 7-13-1340, the commission may decertify that system. A decertified system shall not be used in elections unless the system is reapproved by the commission under subsections (A) and (C).

(e)(K)   Neither a member of the State Election Commission, any county election commission or custodian, nor a member of a county governing body shall have any pecuniary interest in any vote recorder, or in the manufacture or sale thereof of the vote recorder."

SECTION   ____.   Section 7-13-1340 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )   If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

SECTION   ____.   Section 7-13-1620 of the 1976 Code is amended to read:

"Section 7-13-1620.   Any person owning or being interested in any voting machine may request the State Board of Voting Machine Commissioners to examine such machine and determine the capacity of the machine accurately to register and count votes and in respect to mechanical perfections and imperfections and whether such machine meets the requirements prescribed in this article, and the Board shall thereupon comply with such request. The report of the Board shall be filed in its office and shall state whether in its opinion the kind of machine so examined can be safely and conveniently used at elections as herein provided. If the report states that the machine can be so used and meets the requirements herein prescribed, it shall be deemed approved by the Board, and machines of its kind may be adopted for use at elections as herein provided. No form of voting machine not so approved shall be used at any election. (A) Before any kind of voting machine, including an electronic voting machine, is used at any election, it must be approved by the State Election Commission which shall examine the voting machine and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting machine so examined can be accurately and efficiently used by electors at elections, as provided by law. No voting machine may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards.

(B)   When a voting machine has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).

(C)   Any person or company who requests an examination of any type of voting machine must pay a nonrefundable examination fee of one thousand dollars for a new voting system. A non-refundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting machine when evidence is presented to the commission that the accuracy or the ability of the machine to be used satisfactorily in the conduct of elections is in question.

(D)   Any person or company who seeks approval for any type of voting machine in this State must file with the State Election Commission a list of all states or jurisdictions in which that voting machine has been approved for use. This list must state how long the machine has been used in the state; contain the name, address and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine. The vendor is responsible for filing this information on an ongoing basis.

(E)   Any person or individual who seeks approval for any type of voting machine must file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting machine. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(F)   Any person or company who seeks approval for any voting machine must conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting machine, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting machine must be borne by the vendor. The test must be designed to gauge voter reaction to the machine, problems that voters have with the machine, and the number of units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes reported on the machine.

(G)   Before any voting machine, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ITA. These source codes must be available to the State Election Commission in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement had been met.

(H)   After a voting machine is approved, an improvement or change in the machine must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer.

(I)   If the State Election Commission determines that a voting machine that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission may decertify that machine. A decertified machine shall not be used in an election unless it is reapproved by the commission under subsections (A) and (B).

(J)   No member of the State Election Commission, county election commission, custodian, or member of a county governing body may have any pecuniary interest in any voting machine or in the manufacture or sale of any voting machine."

SECTION   ____.   Section 7-13-1640 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )   If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1620(B), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

SECTION   ____.   Section 7-13-1630 of the 1976 Code is repealed.     /

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended, ordered returned to the House with amendments.

S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senator HOLLAND proposed the following amendment (704R001.DHH), which was adopted:

Amend the bill, as and if amended, page 2, line 31, in Section 23-6-210(A), as contained in SECTION 1, by striking line 31 in its entirety and inserting therein the following:

/ officers. An individual commissioned pursuant /

Amend the bill further, as and if amended, page 4, beginning on line 8, in Section 1-11-140, as contained in SECTION 3, by striking SECTION 3 in its entirety and inserting therein the following:

/ SECTION   3.   Section 1-11-140(F) of the 1976 Code is amended to read:

"(F)   The board, through the Office of Insurance Services, is further authorized to provide insurance as prescribed in Sections 10-7-10 through 10-7-40, 23-6-250, 59-67-710, and 59-67-790." /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION   ____.   Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-250.   Pursuant to Section 1-11-140(F), the State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity." /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   A.   Section 23-6-40(A) of the 1976 Code is amended to read:

"(A)     The Governor, with the advice and consent of the Senate, shall appoint the director of the department who shall serve a term of four years. The director may only be removed pursuant to the provisions of Section 1-3-240(C). He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act. The term of office for the first appointment under the provisions of this section shall be February 1, 1994 for a term of two years director is coterminous with the Governor. The Governor shall submit the name of his appointee to the Senate by December first no later than noon on the third Tuesday in January of the year prior to the date on in which the Governor's term begins. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only. This shall not prohibit the Governor from reappointing a person who is appointed to fill a vacancy as director of the department. All subsequent appointments shall be made in the manner of the original appointment for a term of four years."

B.   The director serving on the effective date of this section shall have a term of office that is coterminous with the Governor, nunc pro tunc.

C.   Section 1-30-10(F)(4) is repealed. /

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended, ordered returned to the House with amendments.

S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; 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 SIXTEEN YEARS OF AGE 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; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senators McCONNELL, MOORE, JACKSON and HUTTO proposed the following amendment (BBM\9422SOM99), which was adopted:

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

/ SECTION   1.   Section 16-3-800(2) of the 1976 Code is further amended to read:

"(2)   'Sexual conduct' means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals or female breasts."

SECTION   2.   Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1600. As used in this article:

(1)   'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

(2)   'Sexual fondling' means the intentional touching or caressing of another person's intimate parts.

(3)   'Intimate parts' includes the primary genital area, anus, groin, inner thighs, or buttocks of a male or female human being and the breasts of a female human being.

(4)   'Actor' means a person accused of sexual enticement of a minor."

SECTION   3.   Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1610.   A person is guilty of sexual enticement of a minor if that person entices, solicits, induces, coerces, encourages, persuades, seduces, or lures a person under sixteen years of age, or any person the actor believes to be under sixteen years of age, to engage in sexual battery or sexual fondling with the actor or any other person when the actor is at least three years older than the victim.

Sexual enticement of a minor includes, but is not limited to, oral or written communications including, but not limited to, communications by telephone, computer, or other electronic means."

SECTION   4.   Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1620.   A person who violates Section 16-3-1610 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years."

SECTION   5.   Section 16-3-1700(A) of the 1976 Code is amended to read:

"(A)   'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:

(1)   following the targeted person as he moves from location to location;

(2)   visual, physical, electronic, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;

(3)   surveillance of or the maintenance of a presence near the targeted person's:

(a)   residence;

(b)   place of work;

(c)   school; or

(d)   another place regularly occupied by the targeted person; and

(4)   vandalism and property damage.

Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties."

SECTION   6.   Section 16-15-375(5)(C) of the 1976 Code is amended to read:

"(C)   'Sexual activity' includes any of the following acts or simulations thereof:

(a)   masturbation, whether done alone or with another human or animal;

(b)   vaginal, anal, or oral intercourse, whether done with another human or an animal;

(c)   touching, of one's self or another person, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female;

(d)   an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

(e)   excretory functions;

(f)   the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure."

SECTION   7.   Section 20-4-40(f) of the 1976 Code is amended to read:

"(f)   The clerk of court or magistrate may not charge a fee for filing a petition for an order for protection from domestic abuse."

SECTION   8.   Section 23-3-430(C) of the 1976 Code, as last amended by Act No. 384 of 1998, is further amended to read:

"(C)   For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:

(1)   criminal sexual conduct in the first degree (Section 16-3-652);

(2)   criminal sexual conduct in the second degree (Section 16-3-653);

(3)   criminal sexual conduct in the third degree (Section 16-3-654);

(4)   criminal sexual conduct with minors, first degree (Section 16-3-655(1));

(5)   criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;

(6)   engaging a child for sexual performance (Section 16-3-810);

(7)   producing, directing, or promoting sexual performance by a child (Section 16-3-820);

(8)   criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(9)   incest (Section 16-15-20);

(10)   buggery (Section 16-15-120);

(11)   committing or attempting lewd act upon child under sixteen (Section 16-15-140);

(12)   peeping (Section 16-17-470);

(13)   violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;

(14)   a person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender;

(15)   kidnapping (Section 16-3-910) of a person eighteen years of age or older except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;

(16)   kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;

(17)     criminal sexual conduct when the victim is a spouse (Section 16-3-658);

(18)   sexual battery of a spouse (Section 16-3-615);

(19)   sexual intercourse with a patient or trainee (Section 44-23-1150);

(20)   sexual enticement of a person under sixteen years of age (Section 16-3-1610)."

SECTION   9.   Sections 10, 11, 12 and 13 of this act shall be cited as the "Hate Crime Penalty Enhancement Act".

SECTION   10.   Chapter 1, Title 16 of the 1976 Code is amended by adding:

"Section 16-1-130.     (A) Following a conviction for a crime classified or exempted under Section 16-1-10 or a common law crime, the court may consider as an aggravating circumstance subject to increased penalties as provided in subsection (B), evidence that the defendant intentionally selected the person against whom the crime was committed or selected the property that was 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 offender's belief or perception was correct.

(B)(1)   If the crime committed under subsection (A)(1) is ordinarily a felony, the maximum period of imprisonment provided for the offense may be increased by not more than five years.

(2)   If the crime committed under subsection (A)(1) is ordinarily a Class A misdemeanor, the maximum period of imprisonment provided for the offense may be increased to not more than four years.

(3)   If the crime committed under subsection (A)(1) is ordinarily a misdemeanor other than a Class A misdemeanor, the maximum period of imprisonment provided for the offense may be increased to not more than three years.

(C)   This section provides for the enhancement of the penalties applicable for the underlying crime if the court finds that the aggravating circumstances specified in subsection (A) exist. The defendant may present evidence of mitigating circumstances in order to avoid the enhancement of penalties under this section.

(D) The decision to seek sentencing under this section is in the discretion of the solicitor. When the solicitor determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial.

(E) This section does not apply to any crime if proof of race, color, national origin or ancestry or proof of any person's belief or perception regarding another person's race, color, ethnicity, national origin, ancestry, religion, gender, sexual orientation, or disability is required for a conviction for that crime."

SECTION   11.   Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended to read:

"(C)   The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a)   Statutory aggravating circumstances:

(1)   The murder was committed while in the commission of the following crimes or acts:

(a)   criminal sexual conduct in any degree;

(b)   kidnapping;

(c)   burglary in any degree;

(d)   robbery while armed with a deadly weapon;

(e)   larceny with use of a deadly weapon;

(f)   killing by poison;

(g)   drug trafficking as defined in Sections 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;

(h)   physical torture; or

(i)     dismemberment of a person.

(2)   The murder was committed by a person with a prior conviction for murder.

(3)   The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

(4)   The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

(5)   The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)   The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)   The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)   The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood or marriage.

(9)   Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(10)   The murder of a child eleven years of age or under.

(11)   The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime.

(12)   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."

SECTION   12.   Section 20-7-7805(A) of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately numbered item to read:

"( )   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 to participate in an educational program regarding cultural diversity."

SECTION   13.   Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-125.     (A)   The State Law Enforcement Division (SLED) shall establish and maintain a central repository for the collection and analysis of information regarding crimes where the victims are intentionally selected by reason of their actual or perceived race, color, ethnicity, national origin, cultural or social identity, ancestry, religion, gender, political affiliation, sexual orientation, or disability.

Upon establishing such a repository, SLED shall promulgate regulations providing a procedure to monitor, record, classify, and analyze information relating to crimes apparently directed against individuals or groups, or their property, by reason of their actual or perceived race, color, ethnicity, national origin, cultural or social identity, ancestry, religion, gender, political affiliation, sexual orientation, or disability.

(B)   All local law enforcement agencies shall report monthly to SLED concerning such offenses in such form and in such manner as prescribed by rules and regulations adopted by SLED. SLED must summarize and analyze the information received and file an annual report with the Governor, the House and Senate Judiciary committees, and with the Federal Bureau of Investigation, as detailed in the federal Hate Crime Statistics Act.

(C)   Any information, records, and statistics collected in accordance with this subsection shall be available for use by any local law enforcement agency, unit of local government, or state agency, to the extent that such information is reasonably necessary or useful to such agency in carrying out the duties imposed upon it by law. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law.

(D)   The Criminal Justice Academy Division of the Department of Public Safety shall provide training for police officers in identifying, responding to, and reporting all criminal offenses motivated by race, color, ethnicity, national origin, cultural or social identity, ancestry, religion, gender, political affiliation, sexual orientation, or disability."

SECTION   14.   Section 44-48-30(6), (8), and (10) of the 1976 Code, as added by Act 321 of 1998, is further amended to read:

"(6)   'Convicted of a sexually violent offense' means a person has:

(a)   pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;

(b)   been adjudicated delinquent as a result of the commission of;

(c) been charged but determined to be incompetent to stand trial for a sexually violent offense;

(d)(c)   been found not guilty by reason of insanity of a sexually violent offense; or

(e)(d)   been found guilty but mentally ill of a sexually violent offense.; or

(e)   been adjudicated delinquent as a result of the commission of a sexually violent offense and a family court judge orders, at the time of sentencing or at any time prior to the person's release from the confinement, that the person be subject to proceedings under this act. A family court judge must make this determination for a person adjudicated delinquent of a sexually violent offense prior to the person's release from confinement.

(8)   'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of community supervision. A secure correctional facility includes a staff secure residential facility or program operated by the State or a facility or program providing services pursuant to a contract with the State. Staff secure residential facilities and programs include those within the Department of Juvenile Justice and facilities and programs within agencies to which a juvenile may be transferred pursuant to Section 20-7-7815. The inclusion of staff secure residential facilities is applicable only when the Board of Juvenile Parole is the releasing authority of the juvenile.

(10)   'Person' means an individual who is a potential or actual subject of proceedings under this act. Person includes an individual who was under seventeen years of age at the time of the offense only when the individual was convicted of or pled guilty or nolo contendere to a sexually violent offense in the court of general sessions or the individual was adjudicated delinquent for a sexually violent offense and a family court judge ordered, at the time of sentencing or at any time prior to the individual's release from confinement, that the individual be subject to proceedings under this act."

SECTION   15.   Section 44-48-40 of the 1976 Code is amended to read:

"Section 44-48-40.     (A)   When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the multidisciplinary team established in Section 44-48-50 and the Attorney General at least ninety days one hundred eighty days before:

(1)   the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;

(2)   the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;

(3)   the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or

(4)   release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.

(B)   The written notice to the Attorney General and the multidisciplinary team, provided for in subsection (A), is not required when the Department of Juvenile Justice transfers a juvenile pursuant to Section 20-7-7815 to the custody of another state agency to treat the juvenile for a mental illness or developmental disability, and the Board of Juvenile Parole is the releasing authority of the juvenile.

(C)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.

(D)   The agency with jurisdiction shall inform the multidisciplinary team and the Attorney General of:

(1)   the person's name, identifying factors, anticipated future residence, and offense history; and

(2)   documentation of institutional adjustment and any treatment received.

(E)   The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act.

(F)   The agency with jurisdiction, its employees, its officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good faith conduct under this act."

SECTION   16.   Section 44-48-50 of the 1976 Code is amended to read:

"Section 44-48-50.   (A)   The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. A person's records must be provided to the multidisciplinary team when the agency with jurisdiction gives notice to the team and to the Attorney General as provided for in Section 44-48-40. These records must include the person's criminal history including records of convictions and sentencing, victim impact statements, medical records, psychiatric or psychological reports, evaluations, treatment records, discipline records, and any other relevant information. These records shall be used to assist the multidisciplinary team in making its assessment. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment and all records provided to the team by the agency with jurisdiction to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team to review a person convicted of a sexually violent offense shall be composed of:

(1)   a representative from the Department of Corrections;

(2)   a representative from the Department of Probation, Parole, and Pardon Services;

(3)   a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4)   a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
the Chief Attorney of the Office of Appellate Defense or his designee.

Membership of the team to review a person adjudicated delinquent for a sexually violent offense shall include, in addition to the members listed above, a representative from the Department of Juvenile Justice and a trained, qualified mental health clinician with expertise in treating sexually violent juvenile offenders.

The Director of the Department of Corrections or his designee shall be the chairman of the team.

(B)   The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."

SECTION   17.   Section 44-48-60 of the 1976 Code is amended to read:

"Section 44-48-60.     (A)   The Attorney General shall appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall include, but not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall also consider information provided by the circuit solicitor who prosecuted the person.

(B)   The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."

SECTION   18.   Section 44-48-70 of the 1976 Code is amended to read:

"Section 44-48-70.     (A)   When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the person committed the offense. The petition, which must be filed within thirty forty-five days of the probable cause determination by the prosecutor's review committee, shall request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation. The State of South Carolina, or a person or entity acting on behalf of the State of South Carolina, is not required to pay filing fees in proceedings brought under Chapter 48 of Title 44.

(B)   The provisions of this section are not jurisdictional, and failure to comply with them does not prevent the Attorney General from proceeding against a person otherwise subject to the provisions of this act."

SECTION   19.   Section 44-48-80 of the 1976 Code is amended to read:

"Section 44-48-80.     (A)   Upon filing of a petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.

(B)   Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). If the person is already confined in a secure facility, the hearing must be held no later than seventy-two hours after the person's release date. At this hearing the court shall:

(1)   verify the detainee's identity;

(2)   receive evidence and hear argument from the person and the Attorney General; and

(3)   determine whether probable cause exists to believe that the person is a sexually violent predator.

The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony. In making its showing of probable cause, the State may use hearsay evidence.

(C)   At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:

(1)   to be represented by counsel;

(2)   to present evidence on the person's behalf;

(3)   to cross-examine witnesses who testify against the person; and

(4)   to view and copy all petitions and reports in the court file.

(D)   If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing. The person shall not be released from confinement prior to the conclusion of trial."

SECTION   20.   Section 44-48-90 of the 1976 Code is amended to read:

"Section 44-48-90.   Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. Prior to trial, the parties should exchange information and documents promptly and willingly. However, formal depositions or discovery may be conducted by stipulation of the parties or by court order if a written application is presented to the court. The court order may prescribe the manner, time, conditions, and restrictions of the deposition or discovery.

At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel; and, if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source."

SECTION   21.   The 1976 Code is amended by adding:

"Section 44-48-180.   A person committed as a sexually violent predator pursuant to this chapter who has not yet been released pursuant to Sections 44-48-110, 44-48-120, or 44-48-130 and who is subsequently convicted of an offense which results in incarceration shall, upon serving such sentence, be returned to the appropriate facility for the treatment of sexually violent predators without additional proceedings being brought pursuant to this chapter."

SECTION   22.   Section 20-7-7815 of the 1976 Code, as last amended by Act 135 of 1997, is further amended to read:

"Section 20-7-7815.   (A)   No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State. This legal action must be brought in the juvenile's resident county. The department shall establish standards with regard to the physical and mental health of juveniles whom it can accept for commitment.

(B)   When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board. If the Juvenile Parole Board does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section.

(C)   The director or his designee of a state agency to which a juvenile is transferred, pursuant to this section, is authorized to request state or local law enforcement to take a juvenile into custody and return the juvenile to the facility designated by the agency, if the juvenile is absent from placement without proper authorization. A warrant or court order is not required before the juvenile is taken into custody and returned to the appropriate facility."

SECTION   23.   Section 20-7-7805 of the 1976 Code, as last amended by Act 384 of 1998, is further amended by adding a subsection to read:

"(D)   When a child is adjudicated delinquent of a sexually violent offense as defined in Section 44-48-30 and committed to the Department of Juvenile Justice, the court must determine at the time of sentencing or at any time prior to the child's release from commitment whether or not the child should be subjected to proceedings under the Sexually Violent Predator Act in Chapter 48 of Title 44."

SECTION   24.   Section 23-3-490(A) and (C) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"(A)(1)   Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person or persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The sheriff must provide to a newspaper with general circulation within the county a listing of the registry for publication.

(2)   A sheriff providing the offender registry for publication or a newspaper publishing the registry, or any portion of it, is not liable and must not be named as a party in an action to recover damages or seek relief for errors or omissions in the publication of the offender registry; provided, however, if the error or omission was done intentionally, with malice, or in bad faith the sheriff or newspaper is not immune from liability.

(C)   Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection (A) regarding a specific person persons who is are required to register under this article if the sheriff or another law enforcement officer has reason to believe the release of this information will deter criminal activity or enhance public safety. The sheriff shall notify the principal of public and private schools, and the administrator of child day care centers, and family day care centers of any offender whose address is within one-half mile of the school or business."

SECTION   25.   Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:

"Section 16-3-85.   (A) A person is guilty of homicide by child abuse who:

(1)   causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or

(2)   knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.

(B)   Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:

(1)   under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or

(2)   under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.

(C)   In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.

(D)   As contained in this section:

(1)   'child abuse or neglect' means an act or omission by a person resulting in a child's death or harm to a child's physical health or welfare; and

(2)   'Harm to a child's physical health or welfare' occurs when a person:

(a)   inflicts or allows to be inflicted physical injury upon a child, which includes injuries sustained as a result of excessive corporal punishment;

(b)   fails to supply a child with adequate food, clothing, shelter, or health care, and this failure causes a physical injury or condition that results in death; or

(c)   abandons a child which results in the child's death."

SECTION   26.   Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-530.   The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry."

SECTION   27.   Section 44-23-1150 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"Section 44-23-1150.   A person having sexual intercourse committing sexual battery, as defined in Section 16-3-651, with a patient or trainee of a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee of a state or local correctional facility having sexual intercourse committing sexual battery with an inmate of that facility, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.

SECTION   28.   If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION   29.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

The following were introduced:

S. 886 (Word version) -- Senators J. Verne Smith, Drummond, Alexander, Anderson, Bauer, Branton, Bryan, Cork, Courson, Courtney, 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 SENATE RESOLUTION EXPRESSING DEEP APPRECIATION TO BEVERLY BECKWITH HOWARD FOR HER ELEVEN YEARS OF FAITHFUL SERVICE TO THE SENATE AND HER MANY ADDITIONAL YEARS OF OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTENDING VERY BEST WISHES TO BEVERLY AND BOB HOWARD AS THEY BEGIN A NEW LIFE AND NEW CAREERS IN GREENVILLE.

The Senate Resolution was adopted.

S. 887 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 22, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

S. 888 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE UNTIMELY DEATH OF WILLIAM FLOYD, AFTER YEARS OF DEVOTED SERVICE AS CHAIRMAN OF ANDERSON COUNTY COUNCIL AND AS AN EDUCATOR.

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

S. 889 (Word version) -- Senator Reese: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 134, SO AS TO CREATE THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG AS SPARTANBURG UNIVERSITY, A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA; TO CREATE ITS BOARD OF TRUSTEES AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR THE ISSUANCE OF REVENUE BONDS; AND TO PROVIDE TRANSITIONAL PROVISIONS.

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

S. 890 (Word version) -- Senators Ford and Glover: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE AND TO PROVIDE THAT A PERSON MAY APPLY AS A CANDIDATE FOR ONLY ONE JUDICIAL VACANCY ANNOUNCED IN THE COMMISSION'S NOTICE OF VACANCIES; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS OF CANDIDATES FOR JUDICIAL OFFICE, SO AS TO MAKE A TECHNICAL CHANGE BY DELETING THE TERM "NOMINATION"; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE OF THE GENERAL ASSEMBLY AND RELATING TO THE SEEKING OF PLEDGES OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THE JUDICIAL CANDIDATE IS NOT PERMITTED ON THE FLOOR DURING THE TIME HE IS LISTED AS A QUALIFIED CANDIDATE AND THE ELECTION IS PENDING, AND TO FURTHER PROVIDE THAT THE COMMISSION SHALL RELEASE A LIST OF QUALIFIED CANDIDATES RATHER THAN RELEASING ITS NOMINEES; TO AMEND SECTION 2-19-80, AS AMENDED, RELATING TO THE COMMISSION SELECTING THE THREE BEST QUALIFIED CANDIDATES FOR A JUDICIAL OFFICE AS ITS NOMINEES, SO AS TO REQUIRE THE COMMISSION TO RELEASE A LIST OF ALL QUALIFIED CANDIDATES FOR THE OFFICE, AND TO FURTHER PROVIDE THAT THE LIST OF CANDIDATES IS BINDING ON THE GENERAL ASSEMBLY, AND TO PROVIDE FURTHER CONFORMING CHANGES; TO AMEND SECTION 2-19-90, RELATING TO THE JOINT SESSION OF THE GENERAL ASSEMBLY HELD FOR THE ELECTION OF JUDGES, SO AS TO PROVIDE THE CHAIRMAN OF THE COMMISSION SHALL ANNOUNCE THE LIST OF QUALIFIED CANDIDATES FOR EACH JUDICIAL RACE.

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

S. 891 (Word version) -- Senators Holland, Cork and Martin: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF OR A RESIDENT OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

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

S. 892 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE SUSAN H. BROOKS, DIRECTOR OF INTERNATIONAL PROGRAMS AND SERVICES AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, ON BEING NAMED OUTSTANDING FEMALE STATE EMPLOYEE BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.

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

H. 3037 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.

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

On motion of Senator LAND, with unanimous consent, H. 3037 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4077 (Word version) -- Rep. Quinn: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE TRAVEL REGULATIONS FOR STATE EMPLOYEES, TO RECOMMEND CHANGES IN THE POLICIES TO ENHANCE THE EFFICIENCY AND COST EFFECTIVENESS OF THE STATE'S EXPENDITURES ON THE TRAVEL FOR ITS EMPLOYEES; TO MAINTAIN THE CURRENT POLICIES WITHOUT CHANGE WHILE THE STUDY IS BEING CONDUCTED; AND TO REPORT THE FINDINGS OF THE STUDY TO THE GENERAL ASSEMBLY BY JANUARY 15, 2000.

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

H. 4196 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan, Kelley and Miller: A BILL TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4200 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. CECIL ARNOLD FOR HIS OUTSTANDING SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY LIONS CLUB.

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

H. 4201 (Word version) -- Reps. Howard, Neal, J. Brown, Breeland, T. Brown, Canty, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Inabinett, Kennedy, Lee, Lloyd, Mack, McMahand, Moody-Lawrence, Parks, Pinckney, Rutherford, Scott, F. Smith and Whipper: A CONCURRENT RESOLUTION DESIGNATING JULY 25, 1999, "BROOKLAND BAPTIST CHURCH DAY", TO RECOGNIZE THE EFFORTS OF THE REVEREND CHARLES B. JACKSON, SR., THE CHURCH'S PASTOR, AND THE EFFORTS OF HIS CONGREGATION TO SPREAD THE GOSPEL THROUGHOUT SOUTH CAROLINA AND THIS NATION AS THEY DEDICATE THEIR NEW EDIFICE IN WEST COLUMBIA, SOUTH CAROLINA.

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

H. 4207 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING ORANGEBURG-WILKINSON HIGH SCHOOL SENIORS, MS. KIZZI STALEY, MS. TIFFANY BOCHETTE, MR. JULIAN ALSTON, AND MR. BENJAMIN SINGLETON ON RECEIVING STATE, NATIONAL, AND INTERNATIONAL RECOGNITION FOR THEIR ARTISTIC TALENTS.

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

H. 4211 (Word version) -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION COMMENDING BURNHAM H. "BILL" PERRY, SR., OF ROCK HILL ON BEING NAMED "1999 OUTSTANDING STATE EMPLOYEE".

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

H. 4213 (Word version) -- Reps. Emory and J.M. Neal: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MS. BETTY GILLIAM OF LANCASTER COUNTY FOR HER THIRTY-NINE YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT.

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

H. 4216 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THE REVEREND HENRY ADDISON, SR., OF BISHOPVILLE.

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

H. 4217 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JAMES DIZZLEY OF BISHOPVILLE.

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

H. 4218 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION CONGRATULATING DOROTHY L. SATTERWHITE OF NEWBERRY COUNTY ON RECEIVING THE "OUTSTANDING STATE RETIREE" AWARD FROM THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.

The Concurrent Resolution was adopted, ordered returned to the House.
H. 4219 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION HONORING AND RECOGNIZING S.C. ALTMAN OF NEWBERRY FOR HIS OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS AND FOR HIS DEDICATED AND DISTINGUISHED LEADERSHIP SERVICE TO THE CITY AND COUNTY OF NEWBERRY, THE STATE OF SOUTH CAROLINA, AND THE UNITED STATES OF AMERICA.

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

H. 4220 (Word version)-- Reps. Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CHIEF LEWIS McCARTY, CHIEF DEPUTY AND SECOND IN COMMAND IN THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT, ON THE OCCASION OF HIS RETIREMENT, AND TO EXPRESS THE MEMBERS' GRATITUDE THAT CHIEF McCARTY HAS DEDICATED HIS PROFESSIONAL LIFE TO LAW ENFORCEMENT AND HAS SPENT THIRTY-SIX YEARS IN THIS CAREER SO IMPORTANT TO THE CITIZENS OF LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA.

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

H. 4221 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. H. E. "BOBBY" AVENT OF BENNETTSVILLE ON THE OCCASION OF THE MARLBORO COUNTY AIRPORT BEING NAMED IN HIS HONOR AS THE "H. E. AVENT MARLBORO COUNTY JETPORT" AND EXTENDING THE DEEPEST APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM FOR HIS MANY CONTRIBUTIONS TO MARLBORO COUNTY AND THE STATE OF SOUTH CAROLINA.

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

H. 4222 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LEONARD WALTER "COACH" PINKNEY, SR., UPON HIS DEATH.

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

H. 4223 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO RECOGNIZE STEPHEN ALAN IMBEAU, M.D., OF FLORENCE COUNTY, IMMEDIATE PAST PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, FOR HIS OUTSTANDING CONTRIBUTIONS AND ACCOMPLISHMENTS IN THE FIELDS OF MEDICINE AND HUMANITY.

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

H. 4224 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE FORTY YEARS OF DISTINGUISHED EMPLOYMENT OF MRS. FANNIE W. WATSON WITH THE LEE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE LAST TWENTY-THREE YEARS AS THE DIRECTOR OF THE COUNTY OFFICE, AND TO WISH HER GODSPEED IN HER WELL DESERVED RETIREMENT.

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

Senator WILSON from the General Committee submitted a favorable with amendment report on:

H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.

Ordered for consideration tomorrow.

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

There was no objection.

Senator WILSON asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.

The Bill was read the second time and ordered placed on the third reading Calendar.

Columbia, S.C., June 2, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cotty, Whipper and McGee of the Committee of Conference on the part of the House on:
H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: 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 FORTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO REVISE THE EDUCATIONAL REQUIREMENT FOR APPOINTMENT ON OR AFTER JULY 1, 1999; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REVISED REQUIREMENT 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 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING 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 THIRTY-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 JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS, TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE 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 THIRTY-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 A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 9-11-28, SO AS TO PROVIDE THAT A FULL-TIME MUNICIPAL JUDGE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM IF THE MUNICIPALITY HE SERVES PARTICIPATES IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING 22-1-5, SO AS TO PERMIT A MAGISTRATES' OVERSIGHT COMMITTEE TO BE ESTABLISHED IN EACH COUNTY; 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 CONTINUING EDUCATION 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 NOMINATIONS 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 NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Very respectfully,
Speaker of the House

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, 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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.

On motion of Senator SALEEBY, the Senate insisted upon its amendments to H. 3525 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, GLOVER and MARTIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 2, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
Very respectfully,
Speaker of the House

S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 591 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, RAVENEL and HUTTO of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 887 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 22, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The House returned the Resolution with amendments.

Senator McCONNELL proposed the following amendment (887R001.GFM), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 21 in its entirety and inserting in lieu thereof the following:

/     (H)   consideration of S.3, H.3698, H.3699, and H.3963.   /   Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was amended and ordered returned to the House with amendments.

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE 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 THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.

Senator HUTTO asked unanimous consent to take the Conference Report up for immediate consideration.

There was no objection.

On motion of Senator HUTTO, with unanimous consent, Free Conference Powers were requested and granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, WILSON and HUTTO on the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Senator HUTTO explained the Free Conference Report.

On motion of Senator HUTTO, the Report of the Committee of Free Conference to H. 3035 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE 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 THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:

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

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

SECTION   2.   Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

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

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

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

SECTION   3.   Section 22-3-1000 is amended to read:

"Section 22-3-1000.   No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for twenty-five thirty days after the refusal of a motion for a new trial rendering of the judgement. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

SECTION   4.   This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/ James E. Bryan, Jr.           /s/ John Milton "Jake" Knotts, Jr.
/s/ Addison G. "Joe" Wilson       /s/ John David Hawkins
/s/ C. Bradley Hutto              /s/ Fletcher Nathaniel Smith, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 2, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested Free Conference Powers and has appointed Reps. F. Smith, Hawkins and Knotts of the Committee of Free Conference on the part of the House on:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE 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 THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE 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 THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Very respectfully,
Speaker of the House

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE 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 THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: 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.

The House returned the Bill with amendments.

Senator THOMAS explained the amendment.

On motion of Senator THOMAS, 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. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.

The House returned the Bill with amendments.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, 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.

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 801 (WORD VERSION) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Justice to the South Carolina Supreme Court.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that the Honorable Jean Hoefer Toal had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Justice Toal was placed in nomination.

Representative Sheheen seconded the nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jean Hoefer Toal was elected to the position of Chief Justice to the South Carolina Supreme Court for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Judge to the Court of Appeals, Seat #5.

Senator McCONNELL announced that the Honorable Kaye G. Hearn and the Honorable J. Ernest Kinard, Jr. had been screened and found qualified to serve.

On motion of Senator McCONNELL the name of Judge Hearn was placed in nomination.

On motion of Senator McCONNELL, with unanimous consent, the name of Judge J. Ernest Kinard, Jr. was withdrawn from consideration.

Senator McCONNELL moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kaye G. Hearn was elected to the position of Chief Judge to the Court of Appeals, Seat #5 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #8.

Senator McCONNELL announced that the Honorable Daniel R. Eckstrom, Mr. Kenneth G. Goode and Ms. Joy S. Goodwin had been screened and found qualified to serve.

On motion of Senator McCONNELL the names of Judge Eckstrom, Mr. Goode and Ms. Goodwin were placed in nomination.

On motion of Senator McCONNELL, with unanimous consent, the names of Ms. Joy S. Goodwin and Judge Daniel R. Eckstrom were withdrawn from consideration.

On motion of Senator McCONNELL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kenneth G. Goode was elected to the position of Judge, Circuit Court, At-Large, Seat #8 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #3.

Senator McCONNELL announced that the Honorable Rolly W. Jacobs and Mr. Roderick M. Todd, Jr. had been screened and found qualified to serve.

On motion of Senator McCONNELL the names of Judge Jacobs and Mr. Todd were placed in nomination.

On motion of Senator McCONNELL, with unanimous consent, the name of Mr. Roderick M. Todd, Jr. was withdrawn from consideration.

On motion of Senator McCONNELL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Rolly W. Jacobs was elected to the position of Judge, Fifth Judicial Circuit, Seat #3 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #2.

Senator McCONNELL, Chairman of the Judicial Screening Committee, indicated that Ms. Mary Alice Godfrey, Mr. C. Dukes Scott and Mr. Gregory G. Williams had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of Mr. C. Dukes Scott was placed in nomination.

On motion of Senator McCONNELL, with unanimous consent, the names of Ms. Mary Alice Godfrey and Mr. Gregory G. Williams were withdrawn from consideration.

Senator McCONNELL moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Dukes Scott was elected to the position of Administrative Law Judge, Seat #2 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Administrative Law Judge, Seat #3.

Senator McCONNELL announced that Ms. Elizabeth G. Howard, Ms. Carolyn C. Matthews and Ms. Ruby Brice McClain had been screened and found qualified to serve.

On motion of Senator McCONNELL the names of Ms. Elizabeth G. Howard, Ms. Carolyn C. Matthews and Ms. Ruby Brice McClain were placed in nomination.

On motion of Representative J. Smith, with unanimous consent, the name of Ms. Elizabeth G. Howard was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Matthews:

Alexander Bauer Bryan Courson Elliott Fair Giese Gregory Grooms Hayes Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson

The following named Senators voted for Ms. McClain:

Anderson Branton Cork Ford Glover Hutto Jackson Land Leventis Matthews McGill Patterson Ravenel Saleeby Short Washington

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Matthews:

Allen                  Allison                Altman
Bailey                 Barfield               Barrett
Beck                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Loftis
Lourie                 Lucas                  Maddox
Martin                 McCraw                 McGee
McKay                  McLeod W.              Meacham
Miller                 Neilson                Parks
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

The following named Representatives voted for Ms. McClain:

Askins                 Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Canty                  Clyburn
Cobb-Hunter            Davenport              Emory
Gamble                 Gourdine               Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   McLeod, M.
McMahand               Moody-Lawrence         Neal
Neal, J.M.             Ott                    Pinckney
Rhoad                  Rutherford             Scott
Smith, F.              Smith, J.              Stuart
Whipper

Total number of Senators voting                   43
Total number of Representatives voting             115
Grand Total                                     158
Necessary to a choice                             80
Of which Ms. Matthews received                   102
Of which Ms. McClain received                   56

Whereupon, the PRESIDENT announced that the Honorable Carolyn C. Matthews was elected to the position of Administrative Law Judge, Seat #3 for the term prescribed by law.

Pursuant to the provisions of S. 831, the Joint Assembly proceeded immediately to the election of a member to the Board of Trustees for Francis Marion University, Third Congressional District, Seat #6:

S. 831 (Word version) -- Senators Wilson, Bryan, Giese and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.

The PRESIDENT announced that nominations were in order to elect a member to the Board of Trustees of Francis Marion University.

Representative Phillips announced that Mrs. Patricia Edmonds and Mr. Joel E. Hill had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Mrs. Edmonds and Mr. Hill were placed in nomination.

Senators DRUMMOND, O'DELL and McGILL seconded the nomination of Mrs. Edmonds.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Edmonds:

Anderson               Bauer                  Branton
Bryan                  Cork                   Courson
Courtney               Elliott                Fair
Giese                  Glover                 Grooms
Hayes                  Hutto                  Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Reese                  Russell
Ryberg                 Saleeby                Setzler
Short                  Smith, J. Verne        Thomas
Waldrep                Washington             Wilson

The following named Senators voted for Mr. Hill:

Alexander

On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mrs. Edmonds:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Battle                 Beck
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod, M.             McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Rutherford             Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

The following named Representatives voted for Mr. Hill:

Barrett                Robinson               Sandifer
Webb

Total number of Senators voting                   40
Total number of Representatives voting             114
Grand Total                                     154
Necessary to a choice                             78
Of which Ms. Edmonds received                   149
Of which Mr. Hill received                       5

Whereupon, the PRESIDENT announced that the Honorable Patricia Edmonds was elected to the Board of Trustees for Francis Marion University, Third Congressional District, Seat #6 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:34, the Senate resumed.

At 12:36 P.M., on motion of Senator MOORE, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:03 P.M., and was called to order by the PRESIDENT.

At 2:03 P.M., on motion of Senator LEVENTIS, the Senate receded from business until 2:30 P.M.

At 2:34 P.M., the Senate resumed.

At 2:34 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed ten minutes.

At 2:44 P.M., the Senate resumed.

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

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3825 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO DEFINITION OF ORIENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2421, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4067 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF PHARMACY, RELATING TO FACILITY PERMIT CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2426, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3858 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND SECTION 4-9-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE ASSETS, PROPERTIES, AND RESPONSIBILITIES OF A PUBLIC SERVICE DISTRICT FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER LOCATED WITHIN THE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE SERVICES MUST BE CLINICAL AND THAT THE TRANSFER MUST BE TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER IN THE DISTRICT, LIMIT THE APPLICATION OF THIS SECTION TO A HOSPITAL PUBLIC SERVICE DISTRICT, PROVIDE THAT THE REFERENDUM REQUIREMENT IS NOT NECESSARY FOR A TRANSFER TO CERTAIN ENTITIES, AND PROVIDE THAT THE DISTRICT MAY BE DISSOLVED UPON THE COMPLETION OF THE TRANSFER AND ASSUMPTION OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT.

H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

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

There was no objection.

Having voted on the prevailing side, Senator HUTTO moved to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

Senator HUTTO proposed the following amendment (4110R005.CBH), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 through 25 and inserting in lieu thereof:

/     SECTION   ___.   A.   This act may be cited as the "South Carolina Boating and Safety Act of 1999".

B.   Section 50-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-10.     As used in this chapter title unless the context clearly requires a different meaning:

(1)   'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. 'Associated equipment' does not include radio equipment and means:

(a)   a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;

(b)   an accessory or equipment for, or appurtenance to, a boat;

(c)   a marine safety article, accessory, or equipment intended for use by a person on board a boat.

(2)   'Boat' means a vessel:

(a)   manufactured or used primarily for noncommercial recreational or commercial use;

(b)   leased, rented, or chartered to another for the renters' noncommercial for recreational or commercial use; or

(c)   engaged in the carrying of six or fewer used to carry any passengers. either for recreational or commercial purposes.

(3)   'Motor boat' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion. 'Boat livery' means a business, which holds a vessel for rent, lease, or charter.

(4)   'Associated equipment' does not include radio equipment and means:

(a)   a system, part, or component of a boat as originally manufactured or a similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component;

(b)   an accessory or equipment for, or appurtenance to, a boat;

(c)   a marine safety article, accessory, or equipment intended for use by a person on board a boat. 'Certificate of number' means the registration.

(5)   'Owner' means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitles him to possession. 'Certificate of origin' means a document establishing the initial chain of ownership, such as manufacturer's certificate of origin or statement of origin, importer's certificate of origin, and builder's certification.

(6)   'Waters of the State' means waters within the territorial limits of the State. 'Dealer's permit' means a certificate issued by the department to a marine business to extend the privilege of using marine dealer registration numbers on boats or motors for demonstration or testing purposes and assignment on appropriate documents. Abuse of these privileges results in termination of the dealer's permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year.

(7)   'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. 'Department' means the South Carolina Department of Natural Resources.

(8)   'Operator' means the person who operates or has charge or command of the navigation or use of a vessel.

(9)   'Passenger' means every person carried on board a vessel other than:

(a)   the owner or his representative;

(b)   the operator;

(c)   bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(d)   a guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed consideration, directly or indirectly, for his carriage.

(8)   'Hull identification number' means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972.

(10)(9)     'Undocumented vessel' means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it. 'Marina' means a facility which provides mooring or dry storage for watercraft on a leased or rental basis.

(11)(10)   'Marine dealer' means a person who engages primarily or secondarily in the business of buying, selling, exchanging, or servicing watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both. A marine dealer must have a proper business license for each facility not under the same roof and shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit. Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall apply to the department annually for a dealer's permit with a fee of ten dollars for each facility on forms prescribed by the department. A permit is valid for the calendar year and must be displayed in a prominent place for public view. Renewal applications must be received by December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers. A marine dealer licensed under this section shall consent to public or random inspections of his or its business as provided in Section 50-23-185. A dealer refusing the inspections forfeits his license immediately and permanently.

(12)(11)   'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry person from scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property, including vessels in excess of one hundred dollars. 'Marine manufacturer' means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade.

(13)(12)   'Boat livery' means a business which holds a vessel for renting, leasing, or charting. 'Motor boat' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.

(14)(13)   'Marine manufacturer' means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade. 'No Wake - Idle Speed' means a boating restricted area established to protect the safety of the public and property. No Wake - Idle Speed means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.

(15)(14)   'Marine dealer' means a person who buys, sells, exchanges, or services watercraft or outboard motors, new or used, on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both, and is permitted by the department. 'Operate' means to navigate, steer, or drive. It also includes the manipulation of moving water skis, a moving aquaplane, a moving surfboard, or similar moving device.

(16)(15)   'Certificate of number' means registration card. 'Operator' means the person who operates or has charge or command of the navigation or use of a vessel or watercraft.

(17)(16)   'Temporary certificate of number' is a department-designated copy of a watercraft application. 'Outboard motor' means a completely self-contained propulsion system, excluding the fuel supply which is used to propel a watercraft and which is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.

(18)(17)   'Hull identification number' means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972. 'Owner' means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest in it which entitled him to possession.

(19)(18)   'Serial number' means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number. 'Passenger' means every person carried on board a vessel other than:

(a)   the owner or his representative;

(b)   the operator;

(c)   bona fide member of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(d)   a guest on board a vessel, which is being used exclusively for pleasure purposes, who has not contributed consideration, directly or indirectly, for his carriage.

(20)(19)   'Department' means the South Carolina Department of Natural Resources. 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity.

(21)(20)   'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of five hundred dollars.

(22)(21)   'Serial number' means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.

(23)(22)   'Temporary certificate of number' is a temporary registration assigned to a vessel to allow operation for a limited purpose.

(24)(23)   'Undocumented vessel' means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or federal agency successor to it.

(25)(24)   'Use' means operate, navigate, or employ.

(26)(25)   'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(27)(26)   'Water device' means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.

(28)(27)   'Waters of the State' means waters within the territorial limits of the State but not private lakes or ponds."

(28)   'Water craft' means any motorboat, boat, personal watercraft or vessel. It does not include water skis, aquaplanes, surfboards or other similar devices.

C.   Section 50-21-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-110.   (1)(A)   No person may use operate any motorboat, boat, or vessel, or manipulate any water skis, aquaplane, surfboard, or similar water device in a negligent manner so as to endanger the life, limb, or property of any person.

(2)   No person may use any motorboat, boat, or vessel, or use any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana or hallucinogen.

(3)   Any person convicted of negligent operation of a vessel or of operating a vessel while under the influence of intoxicating liquids, narcotic drugs, barbiturates, or marijuana, in addition to any other penalties, may be prohibited by the court having jurisdiction of such violation, from operating any vessel on any waters of this State for a period of not more than two years.

(B)   Negligent operation includes, but is not limited to, operating a water device at more than idle speed in a no wake zone, failing to maintain a proper lookout for other boats or persons, operating too fast for conditions on the water, or pulling a skier through a congested area.

(C)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days for each violation.

(D)   In addition to other penalties, the department shall require any person who is convicted under this section three times within a five-year period to attend and complete a boating safety education program approved by the department. The person required to attend the class shall reimburse the department for the expense of the class. A person's privilege to operate a water device within this State must be suspended until successful completion of the required class."

D.   The 1976 Code is amended by adding:

"Section 50-21-111.   (A)   A person who operates any water device in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless operation.

(B)   Reckless operation includes, but is not limited to, weaving through congested vessel traffic at more than idle speed; or crossing or jumping the wake of another vessel within two hundred feet of that vessel; or crossing the path or wake of another vessel when the visibility around the other vessel is obstructed; or maintaining a collision course with another vessel or object and swerving away in close proximity to the other vessel or object.

(C)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(D)   A person convicted of reckless operation, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. A person's privilege to operate a water device within this State shall be suspended until successful completion of the required program.

A person's privilege to operate a water device within this State shall be suspended by the department for a period of ninety days upon conviction of a second offense of reckless operation of a water device within a five-year period. Following the ninety-day suspension, the person's privilege shall remain suspended until successful completion of a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program."

E.   Section 50-21-112 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-112.   (A)   A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a moving vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which proximately causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished:

(1)   by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results;

(2)   by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than ten years when death results.

(B)   As used in subsection (A) "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

(C)   A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which act or neglect proximately causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred nor more than two hundred dollars or imprisonment for not more than thirty days.

(D)   The department must suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate, navigate, steer, or drive a vessel or be in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device on waters of this State for a period to include any term of imprisonment plus:

(1)   three years in the case of death or great bodily injury; or

(2)   one year in the case of property damage or injury other than great bodily injury.

(E)   A person who, while operating privileges are under suspension, operates, navigates, steers, or drives a vessel or is in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, on waters of this State is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days.

(A)   It is unlawful for a person to operate a moving motorized water device or water device undersail within this State while under the:

(1)   influence of alcohol to the extent that the person's faculties to operate are materially and appreciably impaired;

(2)   influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired; or

(3)   combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired.

For purposes of this section 'drug' means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug.

(B)   A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished:

(1)   for a first offense, by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when it does not interfere with the offender's regular employment under terms and conditions, as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the minimum sentence;

(2)   for a second offense, by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper. Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside;

(3)   for a third offense, by a fine of not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years.

(C)   Any person convicted of operating a water device in violation of subsection (A), in addition to any other penalties, must be prohibited by the department from operating any water device within this State for six months for the first conviction, one year for the second conviction, and two years for the third conviction. Only those violations, which occurred within ten years including and immediately preceding the date of the last violation, shall constitute prior violations within the meaning of this section.

A person whose privilege is suspended under the provisions of this section must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the privilege. An assessment of the degree extent and nature of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of privileges to the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. The Departmet of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost of services must be within the limits set forth in Section 56-5-2990(C). No applicant may be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program and if further needed by the Department of Alcohol and Other Drug Abuse Services.

The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to reinstating the privilege, or otherwise. The procedures must be consistent with the confidentiality laws of this State and the United States.

A person convicted under this section, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. The person's privilege to operate a water device within this State shall be suspended until successful completion of the required program.

(D)   The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed. No part of the minimum sentences provided in this section may be suspended.

(E)   For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a vessel or water device while under the influence of alcohol or drugs or a combination of both constitutes a prior offense for the purpose of any prosecution for any subsequent violation of this section. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense constitutes prior offenses within the meaning of this section."

F.   Chapter 21, Title 50 of the 1976 Code is amended by adding:

"Section 50-21-113.   (A)   A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates a moving water device, or is in actual control of a moving water device within this State and causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished by a mandatory fine of not less than:

(1)   five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;

(2)   ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.

No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.

(B)   As used in subsection (A) 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(C)   A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates or is in actual control of a moving a water device within this State and causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars or imprisonment for not more than thirty days, or both.

(D)   The department shall suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate a water device or be in actual control of a moving water device within this State for a period to include any term of imprisonment plus:

(1)   three years in the case of death or great bodily injury; or

(2)   one year in the case of property damage or injury other than great bodily injury.

(E)   The suspensions under this section are in addition to and not in lieu of any other civil remedies or criminal penalties."

G.   Section 50-21-114 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-114.   (A)(1)   A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, a water device is considered to have given consent to a chemical test tests or analysis of his breath, blood, or urine to determine the presence of alcohol, or drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel directing the operation of a water device while under the influence of alcohol, drugs, or a combination of them both. A test given must be administered at the direction of a the arresting law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2)   The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may not administer the tests so long as it is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, navigate, steer, or drive a vessel, or be in actual physical control of a moving vessel, or manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3)   A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4)   The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

(5)   The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6)   SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B)   In any criminal prosecution for a violation of Section 50-21-112 where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1)   If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3)   If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.

(C)   The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them. Refusal, resistance, obstruction, or opposition to testing pursuant to this section is admissible as evidence at the trial of a person charged with the offense that precipitated the request for testing.

(D)   A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A).

(E)   If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests provided in subsection (A), none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating, navigating, steering, or driving a vessel, or was in actual physical control of a moving vessel, or was manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving a water device upon the waters of within this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, shall must suspend his privilege to perform the activity above-mentioned activities for one hundred eighty days. The one hundred eighty-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the one hundred eighty-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a violation of Section 50-21-112, within thirty days of arrest, the period of the suspension under this section must be canceled.

(F)   Upon suspending the operating privilege of a person, the department immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060 Article 3, Chapter 23, Title 1 of the 1976 Code. The review must be scheduled by the department within twenty days after the receipt of the request Administrative Law Judge Division in accordance with the division's procedural rules. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer set out by the Administrative Procedures Act and the division's procedural rules. Upon review order of the administrative law judge, the department either shall rescind its order of suspension or, if there is good cause, continue the suspension of the privilege.

(G)   If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction shall direct that a chemical blood test be performed on the deceased, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs, be performed on the deceased and that the results of the test be recorded properly in the coroner's report.

(H)   The suspensions under this section are in addition to and not in lieu of any other civil remedies or civil penalties which may be assessed."

H.   Section 50-21-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-115.   When the death of any a person ensues within one year as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat shall be guilty of reckless homicide. Any A person convicted of reckless homicide or any person who enters a plea of guilty of reckless homicide and receives sentence thereon shall be punished by a fine of fined not less than one thousand dollars nor more than five thousand dollars or by imprisonment imprisoned for not more than five ten years, or both. Any A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat shall be prohibited by the court having jurisdiction of such violations from operating any boat in the waters of within this State for a period of not more than five years."

I.   Chapter 21, Title 50 of the 1976 Code is amended by adding:

"Section   50-21-116.   Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs, if there is probable cause to believe that the person violated or is under arrest for a violation of Section 50-21-113.

The tests must be administered at the direction of a law enforcement officer who has probable cause to believe that the person violated or is under arrest for violation of Section 50-21-113. The administration of one test does not preclude the administration of other tests. The resistance, obstruction, or opposition to testing pursuant to this section is evidence admissible at the trial of the offense which precipitated the requirement for testing. A person who is tested or gives samples for testing may have a qualified person of his choice conduct additional tests at his expense and must be notified of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial.

The provisions of Section 50-21-114, relating to the administration of tests to determine a person's alcohol concentration, additional tests at the person's expense, the availability of other evidence on the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them, availability of test information to the person or his attorney, and the liability of medical institutions and person administering the tests are applicable to this section and also extend to the officer requesting the test, the State or its political subdivisions, or governmental agency, or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests.   Notwithstanding any other provision of law pertaining to confidentiality of hospital records or other medical records, information regarding tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 50-21-113."

J.   The 1976 Code is amended by adding:

"Section 50-21-117.   (A)   A person who operates any water device while his privileges are suspended is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation; for a second violation must be fined five hundred dollars and imprisoned for sixty consecutive days; and for a third or subsequent violation must be imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

(B)   If the privileges of the person convicted were suspended pursuant to the provisions of Section 50-21-112 or 50-21-113, he must be punished as follows and no part of the minimum sentence may be suspended:

(1)   for a first offense, imprisoned for not less than ten nor more than thirty days;

(2)   for a second offense, imprisoned for not less than sixty days nor more than six months;

(3)   for a third and subsequent offense, not less than six months nor more than three years.

(C)   A person who is convicted under the provisions of subsection (A) must have his privileges suspended for an additional three years by the department.

(D)   The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."

K.   Section 50-21-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-120.   Neither the owner, his agent, or employees of a boat livery nor his agent or employees operating in this State shall permit any of his vessels vessel to depart from his premises unless it shall be is in sound and safe operating condition, have a valid registration, be is properly numbered and has been is provided, either by the owner or the renter, with the equipment required pursuant to Section 50-21-610 and any rules and regulations made pursuant thereto; and the owner of a boat livery shall be liable for such damage or injury which may result directly from his failure to meet the requirements of this paragraph; provided, however, that readily identifiable livery boats of less than twenty-six feet in length leased or rented to another for the latter's noncommercial use for less than seven days may have the registration certificate retained ashore by the owner or his representative.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether such the negligence consists of a violation of the provisions of the statutes of this State or neglecting to observe such the ordinary care in such the operation as the rules regulations of common law require. The owner shall not be liable, however, unless such the vessel is being used with his or her express or implied consent or is in the possession of any a person or organization legally responsible therefor. It shall be presumed that such the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under control of a member of the owner's household. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have. Provided, the owner of a boat livery shall not be liable as an owner as provided in this paragraph, and in case of any negligent injury or damage occasioned by the operation of a vessel rented or hired from a boat livery, the operator of the vessel shall be liable as owner thereof."

L.   Section 50-21-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-130.   (1)(A) It shall be is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as if he can do so without serious danger to his own vessel, crew, passengers, and guests, to render assistance as may be practical or necessary to other persons affected by the collision, accident, or other casualty including personal injury or property damage such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A person who fails to stop or to comply with the requirements of this section, is guilty of:

(1)   a misdemeanor, when personal injury or property damage results but great bodily injury or death does not result; and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both;

(2)   a felony when great bodily injury results and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars; or

(3)   a felony when death results and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars.

(2)(B)   Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent man would have acted under the same or similar circumstances.

(3)(C)   In the case of a reportable accident, the operator or owner of any vessel involved shall file with the appropriate agency of the State wherein the accident occurred a full description of the accident with the department, including such any information as the agency department may, by regulation, require. If the operator or owner is incapable of making such the report, the investigating officer shall submit such the report.

(4)(D)   Any such The report shall be without prejudice, shall be for the information of the department, and shall not be open to public inspection. Provided, however, the report shall be made available upon written request to any person injured or damaged or to any person alleged to have caused injury or damage in the accident, or to his attorney. The fact that such report has been made shall be admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil trial. An insured may not be reimbursed for property lost until he files a report in compliance with this section.

(5)(E)   The department shall make regulations to administer a State Casualty Reporting System which shall be in conformity with that established by the United States Coast Guard.

(F)   The department must suspend the privileges of a person convicted under this section for:

(1)   two years if the operator of a vessel is convicted of not rendering assistance to persons affected in a collision, accident, or other casualty;

(2)   one year if the operator of a vessel is convicted of not reporting a boating accident;

(3)   a person's privilege to operate a watercraft shall not be reinstated until the person attends and completes a boating safety education program approved by the department. The person required to attend the class shall reimburse the department for the expense of the program.

(G)   The suspension penalties assessed under this section are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."

M.   Section 50-21-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-150.   (A)   A person who violates a provision of Section 50-21-110 or the implementing regulations is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days for each violation.

(B) A person who violates this chapter or regulations promulgated by the department pursuant to it where the penalty is not specified is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than two hundred dollars or imprisoned not more than thirty days for each violation."

N.   Section 50-21-320(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(1)   covered by a certificate of number in effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state. However, this vessel must not be used on the waters of this State for more than ninety sixty consecutive days;"

O.   Section 50-21-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-710.   (1)(A)   As used in this section:

(a)(1)   'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.

(b)(2)   'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation and any activity, object, or construction in the waters of the State.

(2)(B)   The department may make rules for the uniform marking of the water areas in this State through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.

(3)(C)   The operation of any vessel within a prohibited areas area that are is marked shall be prima facie evidence of negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.

(4)(D)   It shall be unlawful for a person to operate a vessel on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.

(5)(E)   No person shall moor or fasten a vessel to or willfully wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.

(6)(F)   A person who violates a provision or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-21-150(2)."

P.   Section 50-21-870(B) of the 1976 Code, as added by Act 291 of 1996, is amended to read:

"(B)   No person may:

(1)(a)   operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.;

(b)   operate, be in possession of, or give permission to operate a Class 'A' motor boat while upon the waters of this State unless each person under the age of twelve aboard the Class 'A' motor boat is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.;

Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;

(2)   operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise;

(3)   operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;

(4)   operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;

(5)   operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;

(6)   operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 fifty feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 one hundred yards of the Atlantic Ocean coast line;

(7)   chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or vessel except while lawfully angling for, hunting, or trapping wildlife;

(8)   tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the watercraft is equipped with a wide-angled mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;

(9)   operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;

(10)   operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner so as to leave the water completely while crossing the wake of another vessel within two hundred feet of the vessel creating the wake.

(11)(a)   operate a personal watercraft, specialty propcraft, or vessel if he is younger than 16 sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel without being accompanied by an adult if one or more of the following applies:

( i)   the person completes a boating safety program as administered by the Department of Natural Resources; or

( ii)   the person completes a boating safety program approved by the Department of Natural Resources.;

(iii)   anyone operating a vessel with less than 15 fifteen horsepower engine will not be required to take the boating safety program.

(b)   It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or wilfully violate item (11)(9) of subsection (B).

(c)   The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval."

Q.   Section 50-21-870(B)(6) of the 1976 Code is amended to read:

"(6)   operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;. The prohibitions contained in this item (6) do not apply to an unoccupied, moored vessel or watercraft;"

R.   Section 50-23-70(A) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"(A)   A fee of three dollars shall accompany is required for each application for a certificate of title, as required by the provisions of this chapter, with the exception of except for those applications for duplicates of certificates of title for which must be accompanied by a the fee of is one dollar. Any watercraft which is propelled by land hand with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate."

S.   Section 50-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-23-220.   All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.

All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department."

T.   Chapter 23, Title 50 of the 1976 Code is designated and named "Watercraft and Outboard Motors". Sections 50-23-10 through and inclusive of 50-23-290 are designated Article 1, Chapter 23, Title 50, and named "Titling of Watercraft and Outboard Motors". Article 3, Chapter 21, Title 50 of the 1976 Code is redesignated as Article 3, Chapter 23, Title 50 and named "Numbering". The Code Commissioner is directed to renumber the sections of Article 3, Chapter 21, Title 50 in a manner consistent with the intent of this section.

U.   Sections 50-21-390, 50-21-410, and 50-23-10 are repealed.

V.   This section takes effect upon approval by the Governor. Rights and liabilities, and cases and appeals arising or pending under the law prior to the effective date of this act, are saved.       /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Battle, R. Smith, Cato, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Scott, Howard, Sandifer, Hayes, Barfield and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.

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

There was no objection.

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

Senator HUTTO proposed the following Amendment No. 1 (3498R008.CBH), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 44 of the 1976 Code is amended by adding:

Section 44-117-10.   This chapter may be cited as the 'Prescription Information Privacy Act'.

Section 44-117-20.   As used in this chapter:

(1)   'Patient prescription drug information' means data that is conveyed by or on behalf of a practitioner in ordering a prescription drug or device before being dispensed and that identifies the patient as the recipient of the prescription drug or device. The term also includes any data concerning the dispensing of a drug or device that identifies a patient as having been the recipient of a prescription drug or device, whether this data is held by a practitioner, pharmacy, or another entity.

(2)   'Practitioner' means a licensed healthcare professional authorized under state law to order a prescription drug or device.

(3)   'Prescription drug or device' means a drug or device that is dispensed pursuant to the order of a practitioner.

Section 44-117-30.   No patient prescription drug information may be transferred or received by a person without the written consent of the patient or a person authorized by law to act on behalf of the patient. However, this prohibition does not apply to:

(1)   the lawful transmission of a prescription drug order in accordance with all state and federal laws pertaining to the practice of pharmacy.

(2)   communications among licensed practitioners, licensed pharmacists, and other health care professionals who provide or have provided medical or therapeutic treatment, pharmacy service, or medical or therapeutic consultation service for the person who received the drug or device;

(3)   information gained as a result of a person requesting informational material from a prescription drug or device manufacturer or vendor;

(4)   information necessary to effect the recall of a defective drug or device or other information necessary to protect the health and welfare of an individual or the public generally;

(5)   information whereby the release or transfer is mandated by other state or federal laws, court order, or subpoena, or regulations including, but not limited to, accreditation or licensure requirements;

(6)   information necessary to adjudicate or process payment claims for health care, whether under a health insurance benefits program or other payment system, if the recipient makes no other use or further disclosure of the information;

(7)   information voluntarily disclosed by a patient to entities outside of the provider-patient relationship;

(8)   information used in clinical research monitored by an institutional review board;

(9)   information which does not identify patients by name, or that is encoded in a manner that information identifying a particular patient by name or address is not generally obtainable, and that is used for epidemiological studies, research, statistical analysis, medical outcomes, or pharmacoeconomic research;

(10)   information transferred in connection with the sale of a business or medical practice to a successor in interest;

(11)   information necessary to disclose to third parties in order to perform quality assurance programs, medical records review, internal audits, medical records maintenance, or similar programs, if the third party makes no other use or further disclosure of the information;

(12)   information that may be revealed to a party who, on behalf of the patient, obtains a dispensed prescription from a pharmacy.

(13)   information necessary to disclose to third parties in order for a health plan licensed by the South Carolina Department of Insurance to perform case management, utilization management, and disease management for individuals enrolled in that health plan, if the third party makes no other use or further disclosure of the information.

Section 44-117-40.     An individual or entity, corporate or otherwise, who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars per occurrence.

Section 44-117-50.   This chapter does not invalidate:

(a)   any other provision of law concerning medical records or patient prescription drug information, the alteration of medical records or patient prescription drug information, any interest a patient has in the information contained within the medical record or patient prescription drug information, or any civil action brought in the state or federal courts alleging negligence by a practitioner or pharmacist;

(b)   the authority of a court to issue a subpoena for medical records and patient prescription drug information;

(c)   the authority of a licensing or disciplinary board of this State to obtain these records as provided by law; or

(d)   the authority of the Department of Health and Environmental Control to obtain medical records or patient prescription drug information as provided by state and federal law."

SECTION   2.   Section 44-30-90 of the 1976 Code is amended to read:

"Section 44-30-90.   The department and each licensing board shall promulgate regulations necessary to accomplish the purposes set forth in this chapter and to comply with public law no later than October 1, 1992. All orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time and name of persons who gave the order, and the signature of the person taking the order. The Department of Health and Environmental Control shall promulgate regulations consistent with this provision."

SECTION   3.   Section 44-115-80 of the 1976 Code is amended to read:

"Section 44-115-80.   A physician, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. However, no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care. A physician, health care provider, or other owner of medical records must provide a patient's medical records at no charge when the patient is referred by the physician, health care provider, or an employee, agent, or contractor of the owner of the record to another physician or health care provider for continuation of treatment for a specific condition or conditions. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."

SECTION   4.   As listed above, SECTION 1 becomes effective on March 1, 2000. As listed above, SECTION 2 becomes effective upon approval by the Governor; provided, however, SECTION 2 shall remain in effect until such time as the department shall promulgate and implement new regulations consistent with the standards outlined in SECTION 2. As listed above, SECTION 3 becomes effective upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 2 (3498R008.LAR), which was ruled out of order:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   ____.   Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-137.     (A) All individual and group health insurance and health maintenance organization policies in this State shall include coverage in the policy for the treatment of inherited metabolic diseases including the medical foods and low protein modified food products:

(1)   administered under the direction of a physician; and

(2) prescribed as medically necessary for therapeutic treatment of inherited metabolic diseases.

(B)   The coverage required to be offered under subsection (A) may not contain any exclusions, reductions, or other limitations as to coverage, deductibles, or coinsurance provisions which apply to that coverage unless these provisions apply generally to other similar benefits provided and paid for under the health insurance policy.

(C)   Nothing in this section prohibits a health insurance policy from providing benefits greater than those required to be offered by subsections (A) and (B) or more favorable to the enrollee than those required to be offered by subsections (A) and (B).

(D)   This section applies to individual and group health insurance policies issued by a fraternal benefit society, an insurer, a health maintenance organization, or any similar entity, except as exempted by ERISA.

(E)   For purposes of this section, the following words have the meanings indicated:

(1)   'inherited metabolic disease' means a disease caused by an inherited abnormality of body chemistry.

(2)   'inherited metabolic disease' includes a disease for which the state screens newborn babies.

(3)   'low protein modified food product' means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease.

(4)   'low protein modified food product' does not include a natural food that is naturally low in protein.

(5)   'medical food' means a food that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by medical evaluation and is formulated to be consumed or administered internally under the direction of a physician.

(F)   'Health insurance policy' means a health benefit plan, contract, or evidence of coverage providing health insurance coverage as defined in Section 38-71-670(6) and Section 38-71-840(14)."       /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator RANKIN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

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

H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.

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

Senator SETZLER proposed the following Amendment No. 1 (SBD/church.004), which was adopted:

Amend the bill, as and if amended, by an adding appropriately numbered section to read:

/ SECTION   .   A.   Items (3) and (4) of Section 12-37-220(A) of the 1976 Code are amended to read:

"(3) all property of all public libraries, churches, parsonages, and burying grounds, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;

(4) all property of all charitable trusts and foundations used exclusively for charitable and public purposes, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;"

B.     Section 12-37-220(A) of the 1976 Code is amended by deleting the last paragraph, which reads:

"The exemptions provided in items (3) and (4) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property."

C.     That portion of Section 12-37-220(B) of the 1976 Code which precedes item (1) is amended to read:

"In addition to the exemptions provided in subsection (A), the following classes of property shall be are exempt from ad valorem taxation subject to the provisions of Section 12-3-145 12-4-720:"

D.     Section 12-37-220 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )   If a church acquires ownership of real property which will be exempt under this section when owned by the church, the transferor's liability for property taxes on the property ceases on the church acquiring the property, and any exemptions provided in this section then apply, subject to the requirements of Section 12-4-720. The property taxes accruing up to the date of the acquisition by the church, if any, must be paid to the county where the property is located within thirty days of the acquisition date. If the millage has not yet been set for the year when the acquisition occurs, the county auditor shall apply the previous year's millage in determining any taxes owed. If the millage has been determined, the auditor shall apply the current year's millage in determining any taxes owed. All taxes, assessments, penalties, and interest on the property acquired by a church are a first lien on the property taxed, the lien attaching December 31 of the year immediately preceding the calendar year during which the tax is levied."

E. Notwithstanding any other provisions in this act, this section applies for property tax years beginning after 1997. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 3 (3359R004.HSP), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 6, by striking SECTION 3 in its entirety and inserting in lieu thereof:

/   SECTION   3.   The provisions of SECTION 1 of this act take effect upon approval by the Governor and are applicable to property tax years beginning in 1999. The provisions of SECTION 2 take effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator WILSON proposed the following Amendment No. 4 (KGH\ 15788HTC99):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION   ___.   Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2695.   (A)   Effective for motor vehicle tax years beginning after 1999, There is allowed as a credit against the property tax due on a private passenger motor vehicle as defined in Section 56-3-630, a motorcycle, and a motor-driven cycle for a motor vehicle tax year an amount determined pursuant to subsection (C) of this section.

(B)(1)   There must be reimbursed to political subdivisions of the State, including school districts, amounts not collected in personal property taxes because of the tax credit allowed by this section. The Board of Economic Advisors shall estimate the total property taxes to be paid in the State in the calendar year 2000 on vehicles eligible for the credit. An amount equal to seven percent of that estimate must be credited each calendar year to the Trust Fund for Tax Relief.

(2)   There must be distributed to each county a percentage of the total credited to the Trust Fund for Tax Relief pursuant to item (1) for a calendar year that is the same percentage the county receives for the fiscal year ending during the applicable calendar year of the total amount distributed to counties pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act. These reimbursements must be paid not less than monthly, and in advance. The reimbursement must be allocated to a taxing entity in the proportion that its revenues from property taxes on eligible vehicles is of the total of such revenues in the county for the calendar year.

(C)   From the reimbursements paid a county pursuant to this section for a calendar year, the auditor shall calculate a credit against the personal property tax coming due on eligible motor vehicles during the year, with the credit on each individual vehicle determined by the ratio that its assessed value is of the assessed value of all eligible vehicles registered in the county. This credit shall reduce proportionately the tax otherwise due on the vehicle imposed by each property taxing entity and must be noted on a separate line on the personal property tax bill as 'state motor vehicle tax relief'."

B.   Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:

"(A)   In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:

(1)   Section 12-37-251 for the residential property tax exemption;

(2)   Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;

(3)   Section 12-37-935(B) for manufacturer's additional depreciation; and

(4)   Section 12-37-450 for the inventory tax exemption; and

(5)   Section 12-37-2695 for the motor vehicle tax credit."

C.   Notwithstanding other effective dates provided in this act, this section takes effect upon approval by the Governor, and applies for motor vehicle tax years beginning after 1999. /

Renumber sections to conform.

Amend title to conform.

Senator WILSON explained the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

Senators McCONNELL and DRUMMOND objected to further consideration of the Bill.

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

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.

S. 881 (Word version) -- Senators Setzler, Courson, Short, Waldrep, Glover, Anderson and Thomas: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1999-2000, FOR PURPOSES OF A SCHOOL DISTRICT USING FUNDS AVAILABLE PURSUANT TO CHAPTER 144 OF TITLE 59 OF THE 1976 CODE, THE TERM "SCHOOL FACILITIES" INCLUDES PORTABLE CLASSROOMS.

S. 649 (Word version) -- Senators Matthews, Washington, Patterson and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.

The following Joint Resolution, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

H. 4073 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDIVIDUAL RESIDENTIAL WELL AND IRRIGATION WELL PERMITTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE explained the Bill.

H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.

Senators PEELER and ELLIOTT asked unanimous consent to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

Senator ELLIOTT 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 second reading of the Bill.

On motion of Senator ELLIOTT, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

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

Senator McCONNELL proposed the following Amendment No. 1 (NBD\11435JM99), which was adopted:

Amend the bill, as and if amended, in SECTION 1, by striking Section 6-1-920(17), as contained on page 3 at lines 20 through 38, and inserting:

/   (17)   'Public facilities' means:

(a)   water supply production, treatment, laboratory, engineering, administration, storage, and transmission facilities;

(b)   waste water collection, treatment, laboratory, engineering, administration, and disposal facilities;

(c)   solid waste and recycling collection, treatment, and disposal facilities;

(d)   roads, streets, and bridges including, but not limited to, rights-of-way and traffic signals;

(e)   storm water transmission, retention, detention, treatment, and disposal facilities and flood control facilities;

(f)   public safety facilities, including law enforcement, fire, emergency medical and rescue, and street lighting facilities;

(g)   capital equipment and vehicles, including, but not limited to, equipment and vehicles used in the delivery of public safety services, emergency preparedness services, collection and disposal of solid waste, and storm water management and control;

(h)   parks, open spaces, and recreation areas. /

Amend further, in SECTION 1, by striking Section 6-1-1080, as contained on page 13 at lines 5 through 20, and inserting:

/   Section 6-1-1080.   The provisions of this chapter do not apply to a development impact fee imposed by a city, county, commissioners of public works, fire district, or special purpose district for water or wastewater utilities, or both, or fire service, except that for city, county, commissioners of public works, fire district, or special purpose district to impose a development impact fee for water or wastewater utilities, or both, or fire service, the city, county, commissioners of public works, fire district, or special purpose district must:

(1)   have a capital improvements plan before imposition of the development impact fee; and

(2)   prepare a report to be made public before imposition of the development impact fee, which shall include, but not be limited to, an explanation of the basis, use, calculation, and method of collection of the development impact fee; and

(3)   enact the fee in accordance with the requirements of Article 3 of this chapter./

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator McCONNELL asked unanimous consent to take up Amendment No. 3 for immediate consideration.

There was no objection.

Senator McCONNELL proposed the following Amendment No. 3 (JUD3641.002), which was adopted:

Amend the bill, as and if amended, page 5, line 2, in Section 6-1-930(A), as contained in SECTION 1, after /article./ by inserting:

/ However, a special purpose district or public service district which (a) provides fire protection services or recreation services, (b) was created by act of the General Assembly prior to 1973, and (c) had the power to impose development impact fees prior to the effective date of this section is not prohibited from imposing development impact fees. /   Amend the bill further, as and if amended, page 8, beginning on line 30, in Section 6-1-970(7), as contained in SECTION 1, by striking item (7) in its entirety and inserting therein the following:

/     (7)   all or part of a particular development project if:

(a)   the project is determined to create affordable housing; and

(b)   the exempt development's proportionate share of system improvements is funded through a revenue source other than development impact fees. /

Amend the bill further, as and if amended, page 13, beginning on line 6, in Section 6-1-1080, as contained in SECTION 1, by striking lines 6 through 12 in their entirety and inserting therein the following:

/ to a development impact fee for water or wastewater utilities, or both, imposed by a city, county, commissioners of public works, special purpose district, or nonprofit corporation organized pursuant to Chapter 35 or 36 of Title 33, except that in order to impose a development impact fee for water or wastewater utilities, or both, the city, county, commissioners of public works, special purpose district or nonprofit corporation organized pursuant to Chapter 35 or 36 of Title 33 must: /.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 2 (JUD3641.001), which was adopted:

Amend the bill, as and if amended, page 13, line 38, by adding an appropriately numbered SECTION to read:

/ SECTION   ____.   Chapter 37, Title 5 of the 1976 Code is amended to read:

Section 5-37-10.   This chapter may be referred to as 'the 'Municipal Improvement Act of 1973 1999,'', and any municipal corporation of this State is hereby authorized to exercise the powers and provisions hereof.

Section 5-37-20.     As used in this chapter, the following terms shall have the following meanings:

(1)   'Assessment' means a charge against the real property of an owner within an improvement district created pursuant to this chapter which is based either on assessed value, front footage, area, per parcel basis, the value of improvements to be constructed within the district, or any combination of them, as the basis is determined by the governing body of the municipality. In the event the governing body of a municipality determines that another basis for assessment is appropriate or a more equitable allocation of costs among property owners is appropriate, it may substitute such method for any of the foregoing. An assessment imposed upon real property under this chapter remains valid and enforceable in accordance with the provisions of this chapter even if there is a later subdivision and transfer of the property or a part of it. An improvement plan may provide for a change in the basis of assessment upon the subdivision and transfer of real property or upon such other event as the governing body of a municipality considers appropriate.

(2)   'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district.

(3)   'Improvement district' means any area within the municipality designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. No special improvement district may include the grounds of the State House in the City of Columbia.

(4)   'Improvement plan' means an overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration of urban areas, and preserve the tax base of the municipality, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.

(5)   'Governing body' shall mean means the municipal council or other governing body in which the general governing powers of the municipality are vested.

(6)   'Owner' is defined as any person twenty-one years of age, or older, or the proper legal representative for any person younger than twenty-one years of age, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest) and who owns, at the date of the petition or written consent, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, and any duly organized group whose total interest is at least equal to a one-tenth interest in a single tract.

It is provided, however, that, if any firm or person has a leasehold interest requiring it or him to pay all municipal taxes, such agreement shall not be applicable to charges of the assessment of the district as only the owner has the right to petition on the assessment charge for the improvement district.

Section 5-37-25.     A municipality must obtain the consent of the county governing body and any other municipality where the improvement is located to use revenue collected pursuant to this chapter for improvements located outside the municipal boundaries in which the improvement district is located.

Section 5-37-30.     The governing body is authorized, within the corporate limits of the city, to acquire, own, construct, establish, install, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of any improvement and to finance such acquisition, construction, establishment, installation, enlargement, improvement, expansion, operation, maintenance, and repair, in whole or in part, by the imposition of assessments in accordance with this chapter, by special district bonds, by general obligation bonds of the municipality, or revenue bonds of the municipality from general revenues from any source not restricted from such use by law, or by any combination of such funding sources. In addition to any other authorization provided herein or by other law, the governing body of a municipality may issue its special district bonds or revenue bonds of the municipality under such terms and conditions as the governing body may determine by ordinance subject to the following: such bonds may be sold at public or private sale for such price as is determined by the governing body; such bonds may be secured by a pledge of and be payable from the assessments authorized herein or any other source of funds not constituting a general tax as may be available and authorized by the governing body; such bonds may be issued pursuant to and secured under the terms of a trust agreement or indenture with a corporate trustee and the ordinance authorizing such bonds or trust agreement or indenture pertaining thereto may contain provisions for the establishment of a reserve fund, and such other funds or accounts as are determined by the governing body to be appropriate to be held by the governing body or the trustee. The proceeds of any bonds may be applied to the payment of the costs of any improvements, including expenses associated with the issuance and sale of the bonds and any costs for planning and designing the improvements or planning or arranging for the financing and any engineering, architectural, surveying, testing, or similar costs or expenses necessary or appropriate for the planning, designing, and construction or implementation of any plan in connection with the improvements.

Section 5-37-40.     (A)   If the governing body finds that:

(1)   improvements would be beneficial within a designated improvement district;

(2)   the improvements would preserve or increase property values within the district;

(3)   in the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;

(4)   the general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and

(5)   it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.

(B)   If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district.

Section 5-37-45.     The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district. Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.

Section 5-37-50.     The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith.

Section 5-37-60.     A resolution providing for an improvement district, when adopted, shall be published once a week for two successive weeks in a newspaper of general circulation within the incorporated municipality and the final publication shall be at least ten days prior to the date of the scheduled public hearing. At the public hearing and at any adjournment thereof, all interested persons may be heard either in person or by attorney.

Section 5-37-70.     The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property therein as defined in Section 5-37-20, or by the issuance of special district bonds, or by general obligation bonds of the municipality, or from general municipal revenues from any source not restricted from such use by law, or from any combination of such financing sources as may be provided in the improvement plan.

Section 5-37-80.     The financing of improvements by assessments, bonds, or other revenues, and the proportions thereof, shall be in the discretion of the governing body; and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner therein, as well as other bases as provided in Section 5-37-20.

Section 5-37-90.     The improvements as defined in Section 5-37-20 are to be or become the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor.

Section 5-37-100.   Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, no residential property shall be included as part of an improvement district unless the owner of the residential property gives the governing body written permission to include his property within the district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons.

Section 5-37-110.   In the event all or any part of improvements and facilities within the district are to be financed by assessments on property therein, the governing body shall prepare an assessment roll in which there shall be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed. Immediately after such assessment roll has been completed the governing body shall cause one copy thereof to be deposited in the offices of the municipality for inspection by interested parties, and shall cause to be published at least once in a newspaper of general circulation within the municipality a notice of completion of the assessment roll setting forth a description in general terms of the improvements and providing at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The time for hearing such objections shall be at least thirty days, and hearings may be conducted by one or more members of the governing body of the municipality, but the final decision on each such objection shall be made by vote of the whole governing body at a public session thereof.

Section 5-37-120.   As soon as practicable after the completion of the assessment roll and prior to the publication of the notice provided in Section 5-37-110, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the city or county treasurer, a notice stating the nature of the improvement, the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice shall contain a brief description of the particular property involved, together with a statement that the amount assessed shall constitute a lien against the property superior to all other liens except property taxes. The notice shall also state the time and place fixed for the hearing of objections in respect to the assessment. Any property owner who fails to file with the municipal council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to such assessment, and the published and written notices prescribed in this chapter shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, the provisions of this section shall be deemed satisfied.

Section 5-37-130.   The governing body shall hear the objections as provided herein of all persons who have filed written notice of objection within the time prescribed and who may appear and make proof in relation thereto either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may thereupon make such corrections in the assessment roll as it may deem proper and confirm the same, or set it aside and provide for a new assessment. Whenever the governing body shall confirm an assessment, either as originally prepared or as thereafter corrected, a copy thereof certified by the clerk of the municipality shall be filed in the office of the clerk of court of the county in which the municipality is situate, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes thereon.

Section 5-37-140.   Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within twenty days after the mailing of the notice to him confirming the assessment, give written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate; but no such appeal shall delay or stay the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record, in the manner of appeals from administrative bodies in this State.

Section 5-37-150.   Nothing contained herein shall be construed to limit or restrict the powers of any incorporated municipality, but the authorizations herein contained shall be in addition to any such powers.

Section 5-37-160.   Any written petition or consent signed by a property owner prior to July 18, 1974, requesting or consenting to an assessment in an improvement district shall be effective and binding upon said property and property owner and all acts of any municipality taken under any other law shall be effective and binding upon all property owners in an improvement district.

Section 5-37-170.   No street in the State state highway system shall be included in a mall development without prior written approval of the South Carolina Highway Commission.

Section 5-37-180.   No street which is located in front of the county courthouse and adjacent thereto shall be included in the mall development without prior written approval of the governing body having jurisdiction over such public property. Likewise, no street which shall in effect block the entrance to the courthouse square shall be included in the mall complex without prior written approval of same governing body." /.

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 4 (3641R001.LAR), which was adopted:

Amend the bill, as and if amended, by an adding appropriately numbered new SECTION at the end to read:

SECTION   ___.   A.   Section 6-1-530(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A)   The revenue generated by the local accommodations tax must be used exclusively for the following purposes:

(1)   tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;

(2)   tourism-related cultural, recreational, or historic facilities;

(3)   beach access and renourishment;

(4)   highways, roads, streets, and bridges providing access to tourist destinations;

(5)   advertisements and promotions related to tourism development; or

(6)   water and sewer infrastructure to serve tourism-related demand."

SECTION   ___.     Section 6-1-730(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A)   The revenue generated by the hospitality tax must be used exclusively for the following purposes:

(1)   tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;

(2)   tourism-related cultural, recreational, or historic facilities;

(3)   beach access and renourishment;

(4)   highways, roads, streets, and bridges providing access to tourist destinations;

(5)   advertisements and promotions related to tourism development; or

(6)   water and sewer infrastructure to serve tourism-related demand."

B.   Nothing in this section shall be interpreted to invalidate or suspend a validly enacted ordinance adopted prior to June 1, 1999, pursuant to the provisions of Sections 6-1-530 and 6-1-730, as these provisions were codified on that date.     /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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.

Senator MOORE 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 second reading of the Bill.

Senators MOORE, PASSAILAIGUE and HAYES proposed the following amendment (3R022.TLM), which was adopted:

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

/   SECTION   1.   Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of this State, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. Except as otherwise provided herein, this act prohibits gambling activities on so-called "cruises to nowhere".

SECTION   2.   Chapter 19 of Title 16 of the 1976 Code is amended by adding:

"Section 16-19-170.   (A)   As used in this section:

(1)   'Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.

(2)   'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.

(B)   Except as provided in Section 4, it is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:

(1)   the voyage or segment begins and ends in this State; and

(2)   during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.

(C)   The following voyages and segments are lawful if the voyage or segment includes or consists of a segment:

(1)   that begins and ends in this State;

(2)   that is part of a voyage to another state or possession of the United States or to a foreign country; and

(3)   in which the vessel reaches the other state or foreign country within three days after leaving the state in which the segment begins."

SECTION   3.   A violation of 16-19-170 is not a criminal offense, but is a violation for which a civil penalty, not to exceed twenty-five thousand dollars for each violation, may be imposed by the Department of Revenue.

SECTION   4.   The provisions of this act do not apply to (1) a commercial passenger vessel which has dining facilities and sleeping or stateroom accommodations for every passenger and whose voyage extends for a period in excess of twelve hours or (2) a commercial passenger vessel which operates in international waters conducting general cruise business from ports outside the State and which sails during a twelve month period to other ports outside the State or to another country.

SECTION   5.   (A)   Notwithstanding the provisions of Section 16-19-170: (1) the governing body of a coastal county by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the unincorporated area of the county; and (2) the governing body of a municipality by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the municipality.

(B)   Except as provided in subsection (C), the county election commission or the municipal election commission, as appropriate, shall place the question contained in this subsection on the general election ballot in November 2000 in a coastal county in which the county governing body or the municipal governing body, as appropriate, has suspended application of the gambling prohibition provided for in Section 16-19-170 by ordinance within ninety days before the 2000 general election. The state election laws apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. If the result of a referendum is in favor of reinstating the gambling prohibition within the county or municipality, Section 16-19-170 applies in that county or municipality after the result of the referendum is certified to the Secretary of State.

The question put before the voters shall read:

"Shall the prohibition against gambling, however described, on a vessel that embarks and disembarks within South Carolina be reinstated in __________municipality/county?

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'."

(C)   In lieu of the referendum held at the time of the general election, but otherwise subject to the requirements of subsection (B), a referendum may be held at a date to be determined by the local governing body.

(D)   For purposes of this section, a "coastal county" means Beaufort, Berkeley, Charleston, Colleton, Horry, Jasper, or Georgetown county.

SECTION   6.   Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This section does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).

SECTION   7.   The General Assembly recognizes that certain "cruises to nowhere" are lawful by virtue of the application of 15 U.S.C. 1175. However, effective November 15, 2000, nothing in this act prohibits or otherwise limits a county or city by ordinance, from setting vessel weight restrictions and docking restrictions as long as these restrictions are reasonably and rationally related to public safety, navigation safety, depth of water, the preservation of historical areas, or general planning considerations pursuant to Chapter 7 of Title 6.

SECTION   8.     The operator of a gambling boat vessel, the operation of which would be unlawful in this State, except for the exclusions provided in 15 U.S.C. 1175, and as otherwise provided in this act, shall comply with all of the following:

(1)   the applicable provisions of Chapter 8 of Title 12;

(2)   the Safety of Life at Sea (SOLAS) standards and requirements normally applicable in international waters;

(3)   the passengers must be at least twenty-one years of age.

SECTION   9.   A person engaged in the business of operating gambling boat voyages must pay a tax on the business at the rate of six dollars per each passenger who embarks on a gambling boat voyage in this State. Within the first ten days of each month, the taxpayer must report to the Department of Revenue the number of passengers who embarked on the taxpayer's gambling boat voyages during the previous month and must pay the tax at the time the report is due. Twenty-five percent of any tax collected pursuant to this section must be paid to the general fund of the State. The remaining seventy-five percent must be paid to and shared equally by the county or municipality where the voyage originated.

SECTION   10.   This act takes effect upon approval by the Governor, such that so called "cruises to nowhere", except as authorized herein, are unlawful pursuant to Section 16-19-170(B) upon the effective date of this act and cannot be made unlawful under SECTION 4 until the results of the referendum are certified to the Secretary of State.   /

Renumber sections to conform.

Amend title to conform.

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:

S. 848 (Word version) -- Senators Glover, McGill, Land and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.

On motion of Senator GLOVER, S. 848 was ordered to receive a third reading on Thursday, June 3, 1999.

H. 4072 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, with unanimous consent, H. 4072 was ordered to receive a third reading on Thursday, June 3, 1999.

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

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

Senator SETZLER proposed the following amendment (3082R002.NGS), which was adopted:

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

/   SECTION   1.   Notwithstanding Section 59-144-30 of the 1976 Code, for fiscal year 1999-2000 only, for purposes of a school district using funds made available through Chapter 144, Title 59, of the 1976 Code, the term "school facilities" includes portable classrooms.

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

Amend the bill further, as and if amended, by striking the title and inserting in lieu thereof the following:

/   TO PROVIDE THAT FOR FISCAL YEAR 1999-2000, FOR PURPOSES OF A SCHOOL DISTRICT USING FUNDS AVAILABLE PURSUANT TO CHAPTER 144 OF TITLE 59 OF THE 1976 CODE, THE TERM "SCHOOL FACILITIES" INCLUDES PORTABLE CLASSROOMS.       /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator SETZLER, with unanimous consent, H. 3082 was ordered to receive a third reading on Thursday, June 3, 1999.

H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.

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

Senator COURTNEY proposed the following Amendment No. 2 (JUD3759.003), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 32, in Section 15-3-230(2), as contained in SECTION 1, by striking lines 32 and 33 in their entirety and inserting therein the following:

/   (2)   'Contract' means any agreement for the delivery of goods or services in South Carolina, any agreement /.

Amend the bill further, as and if amended, page 2, beginning on line 37, in Section 15-3-230, as contained in SECTION 1, by striking item (3) in its entirety and inserting therein the following:

/   (3)   'Economic loss' means any damage for breach of contract or breach of warranty recognized under South Carolina law. /.

Amend the bill further, as and if amended, page 3, beginning on line 15, in Section 15-3-240, as contained in SECTION 1, by striking Section 15-3-240 in its entirety and inserting therein the following:

/   Section 15-3-240.   (A)   A person in privity of contract with another person may recover only economic loss as well as reasonable attorney's fees and costs on any claims against the other as a result of a Year 2000 problem, except that recovery based upon any of the following claims is not subject to this limitation:

(1)   the claim is for personal injury to an individual; or

(2)   the person defending the claim has acted with fraudulent intent or reckless disregard for the truth in the formation of the contract; or

(3)   a fiduciary duty recognized by law is owed by the person defending the claim to the person bringing the claim.

(B)   No claim may be made under Title 39, Chapter 5, South Carolina Unfair Trade Practices Act.

(C)   Any person who successfully defends a claim based on a Year 2000 problem is entitled to recover reasonable costs and attorney's fees from the person bringing the claim if the court determines that the claim is frivolous. In determining whether or not a claim is frivolous, the court shall rely on the standards of the federal courts for the imposition of those sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure as those sanctions exist as of the date of the enactment of this article. /.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator MOORE, with unanimous consent, H. 3759 was ordered to receive a third reading on Thursday, June 3, 1999.

H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.

Senator COURSON asked unanimous consent to make a motion to proceed to a consideration of the Bill.

There was no objection.

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

Senators COURSON and GIESE proposed the following amendment (3617R004.JEC), which was adopted:

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

/   SECTION   1.   Notwithstanding any other provision of law, if a property tax equalization and reassessment is occurring for a particular year in taxing districts located in one county of Richland-Lexington School District 5 but not in taxing districts of the other county, then the school board of trustees shall set an equivalent millage to be used to compute the ad valorem property taxes in the taxing districts of reassessment until a reassessment occurs in the taxing districts of the other county. The equivalent millage to be set by the school board of trustees shall be determined by methodology established by the respective county auditors which shall be consistent with the methodology used to calculate equivalent millage pursuant to Section 12-37-251 of the 1976 Code.

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

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator COURSON, with unanimous consent, H. 3963 was ordered to receive a third reading on Thursday, June 3, 1999.

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.

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

The Committee on Medical Affairs proposed the following amendment (KGH\15758AC99), which was adopted:

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

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

"Section 44-71-65.     Notwithstanding any other provision of law, a hospice care facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities."

SECTION   2.   The 1976 Code is amended by adding:

"Section 44-71-95.   Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation."

SECTION   3.   Section 44-7-130(10) of the 1976 Code, as last amended by Act 303 of 1998, is further amended to read:

"(10)   'Health care facility' means acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, methadone treatment facilities, tuberculosis hospitals, nursing homes, ambulatory surgical facilities, hospice facilities, rehabilitation facilities, residential treatment facilities for children and adolescents, habilitation centers for mentally retarded persons or persons with related conditions, and any other facility for which Certificate of Need review is required by federal law."

SECTION   4.   Section 44-71-20 of the 1976 Code is amended to read:

"Section 44-71-20.     As used in this chapter:

(1)   'Board' means the South Carolina Board of Health and Environmental Control.

(2)   'Department' means the South Carolina Department of Health and Environmental Control.

(3)   'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including, but not limited to, outpatient, and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a hospice facility.

Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.

(4)   'Hospice facility' means an institution, place, or building in which a hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.

(4)(5)   'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility."

SECTION   5.   Section 44-71-60 of the 1976 Code is amended to read:

"Section 44-71-60.   The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice facilities, which will promote safe and adequate care and treatment of the patients and their families."

SECTION   6.   This act takes effect upon approval by the Governor. /

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 second time, passed and ordered to a third reading.

On motion of Senator MOORE, with unanimous consent, S. 95 was ordered to receive a third reading on Thursday, June 3, 1999.

H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.

Senator O'DELL asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator O'DELL moved to reconsider the vote whereby Amendment No. 4 (DKA\3584MM99) proposed by Senators O'DELL and WALDREP was adopted on June 1, 1999.

There was no objection.

S. 818 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 4TH AND FRIDAY, NOVEMBER 5TH, 1999, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 3RD, 1999, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

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

S. 872 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "HISTORIC DOWNTOWN NEWBERRY" AND THAT INDICATE THE DIRECTION TO THE HISTORIC AREA ON INTERSTATE 26 AT EXITS 72, 74, AND 76.

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

H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.

On motion of Senator CORK, with unanimous consent, the Bill was carried over.

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

Senator LAND asked unanimous consent to resign from the Committee on Ethics.

There was no objection.

Senator LAND advised the Senate that the next senior Democratic Senator who, pursuant to Rule 19, was eligible to serve and who elected to serve on the committee was Senator MATTHEWS.

Senator MATTHEWS selected the Committee on Ethics.

The Committee on Ethics is as follows:

ETHICS
Leatherman, Hugh K., Sr., Chairman
Saleeby, Edward E.
Holland, Donald H.
McConnell, Glenn F.
Peeler, Harvey S., Jr.
Courson, John E.
Giese, Warren K.
Smith, J. Verne
Leventis, Phil P.
Matthews, John

Having received a favorable report from the Darlington County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Darlington County Magistrate, with term to commence June 30, 1999, and to expire April 30, 2003:

William Edward White, 311 Woodpecker Lane, Hartsville, S.C. 29550 VICE William Cleveland Morris

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

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

Robert A. Stanton, 2543 Academy Road, McColl, S.C. 29570

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

Carroll M. Gray, Post Office Box 418, Bennetsville, S.C. 29512

Having received a favorable report from the Orangeburg County Delegation, the following appointment was confirmed in open session:

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

John Cecil Moore, Post Office Box 321, North, S.C. 29112

At 5:05 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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