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

Printed Page 486 . . . . . Wednesday, February 3, 1999

Wednesday, February 3, 1999
(Statewide Session)

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, hear the Psalmist in Psalm 93 (vv. 4, 5):

"More majestic than the thunders of mighty waters,
More majestic than the waves of the sea,

Majestic on high is the Lord!

Your decrees are very sure!"
Let us pray.

Lord God, Your transcendence is beyond the mind of human beings to understand. Your imminence, Your nearness, we cannot comprehend!

We praise You that the Spirit tells us that You are near the heart that loves You, and that You are the strength of the arm that puts its trust in You.

Help us to realize that there are changes that need to be made in our world that will await the changes that need to be made in the human hearts.

If it is possible, and if it is appropriate, grant us the grace to yield, ourselves, to these heart changes.

Thanks to the Psalmist who said, You are "Mightier than the thunder of the great waters."

Amen.

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

Doctor of the Day

Senator GIESE introduced Dr. Tucker Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 11:10 A.M., Senator GIESE requested a leave of absence beginning at 3:00 P.M., on Thursday, February 4, 1999.

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RECALLED

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

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

RECALLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

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

There was no objection.

Senator PASSAILAIGUE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

Printed Page 488 . . . . . Wednesday, February 3, 1999

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

On motion of Senator PASSAILAIGUE, the Joint Resolution was read the second time, with notice of general amendments on third.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 429 (Word version) -- Senators McConnell, Courson, Passailaigue and Ford: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 17, 1999, AS "HUNLEY DAY" IN SOUTH CAROLINA.

Senator McCONNELL spoke on the Resolution.

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

S. 430 (Word version) -- Senators Short, Gregory and Jackson: A CONCURRENT RESOLUTION EXTENDING THE DATE BY WHICH THE "COMMITTEE TO STUDY CONSUMER FINANCE ISSUES" MUST MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

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

S. 431 (Word version) -- Senators Fair and Giese: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY 18, 1999, AS "CHRISTIAN BLIND MISSION INTERNATIONAL DAY" IN SOUTH CAROLINA IN OBSERVANCE OF THE HISTORIC "VISION 2020" INITIATIVE ON BEHALF OF MILLIONS OF NEEDLESSLY BLIND PERSONS WORLDWIDE IN AN EFFORT TO RID THE WORLD OF AVOIDABLE BLINDNESS BY THE YEAR 2020.

On motion of Senator FAIR, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 432 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE ECONOMY OF THIS STATE, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S

Printed Page 489 . . . . . Wednesday, February 3, 1999
POSITION IN THE GLOBAL ECONOMY, FOR ITS LEADERSHIP AND VISION AS OUR STATE MOVES FORWARD INTO THE TWENTY-FIRST CENTURY, AND TO ACKNOWLEDGE FEBRUARY 9, 1999, AS "STATE PORTS AUTHORITY APPRECIATION DAY".

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

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

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

Total--45

NAYS

Total--0

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

S. 433 (Word version) -- Senators Short, Gregory and Jackson: A BILL TO AMEND TITLE 37 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, "SOUTH CAROLINA TITLE LENDERS

Printed Page 490 . . . . . Wednesday, February 3, 1999
ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR TITLE LENDERS.

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

S. 434 (Word version) -- Senators Short, Jackson and Gregory: A BILL TO AMEND SECTION 34-39-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO DEFERRED PRESENTMENT SERVICES, SO AS TO DEFINE THE TERM "CASH ADVANCE"; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OF A CHECK, SO AS TO PROVIDE THAT THE FACE AMOUNT OF A CHECK TAKEN FOR DEFERRED PRESENTMENT OR DEPOSIT, INCLUDING THE CASH ADVANCE MADE TO THE CUSTOMER AND THE FEE IMPOSED BY THE DEFERRED PRESENTMENT SERVICE, SHALL NOT EXCEED THREE HUNDRED FORTY-FIVE DOLLARS; TO AMEND SECTION 34-39-200, RELATING TO EXEMPTIONS FROM THE DEFERRED PRESENTMENT ACT, SO AS TO REVISE CERTAIN EXEMPTIONS; TO AMEND SECTION 34-41-20, RELATING TO LICENSE REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO REQUIRE A SEPARATE LICENSE FOR EACH BUSINESS LOCATION; TO AMEND SECTION 34-41-30, RELATING TO EXEMPTIONS FROM CHECK CASHING SERVICE LAW, SO AS TO REDEFINE THE EXEMPTION FOR RETAIL SELLERS TO ALLOW UP TO TWO DOLLARS, RATHER THAN NO CONSIDERATION; TO AMEND SECTION 34-41-40, RELATING TO CHECK CASHING SERVICE LICENSE APPLICATIONS, TO REVISE THE INVESTIGATION AND LICENSE FEES; TO AMEND SECTION 34-41-60, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO DELETE THE REQUIREMENT OF A WRITTEN AGREEMENT; AND TO AMEND SECTION 34-41-80, RELATING TO EXEMPTIONS FROM THE CHECK CASHING LAW, SO AS TO REVISE CERTAIN EXEMPTIONS.

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

S. 435 (Word version) -- Senators Short, Gregory and Jackson: A BILL TO AMEND SECTION 37-2-702 OF THE CODE OF LAWS OF SOUTH

Printed Page 491 . . . . . Wednesday, February 3, 1999
CAROLINA, 1976, RELATING TO DISCLOSURE REQUIRED IN RENTAL-PURCHASE TRANSACTIONS, SO AS TO REQUIRE DISCLOSURE OF A CASH SALES PRICE; AND TO FURTHER AMEND PART 7, CHAPTER 2, TITLE 37, RELATING TO RENTAL-PURCHASE AGREEMENTS, BY ADDING SECTION 37-2-715, SO AS TO REQUIRE A RENTAL-PURCHASE LESSOR TO REGISTER WITH THE DEPARTMENT OF CONSUMER AFFAIRS; BY ADDING SECTION 37-2-716, SO AS TO AUTHORIZE THE SALE OF INSURANCE IN CONNECTION WITH RENTAL-PURCHASE TRANSACTIONS; AND BY ADDING SECTION 37-2-717, SO AS TO PROHIBIT THE IMPOSITION OF CHARGES IN RENTAL-PURCHASE TRANSACTIONS THAT ARE NOT AUTHORIZED BY THIS PART OR BY RULE OF THE DEPARTMENT; AND TO REPEAL SECTION 37-6-204, RELATING TO NOTIFICATIONS FOR PERSONS ENGAGED IN RENTAL-PURCHASE BUSINESS.

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

S. 436 (Word version) -- Senators Short, Gregory and Jackson: A BILL TO AMEND SECTION 37-1-301 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSUMER PROTECTION CODE, SO AS TO REDEFINE THE DEFINITION OF OFFICIAL FEES AND CHARGES TO EXCLUDE A PREMIUM PAYABLE FOR INSURANCE IN LIEU OF PERFECTING A SECURITY INTEREST WHEN THE SECURITY INTEREST IS A PURCHASE MONEY SECURITY INTEREST, AS DEFINED IN SECTION 36-9-107, FOR WHICH, IN ACCORDANCE WITH SECTION 36-9-302(1)(D), PERFECTION BY THE FILING OF A FINANCING STATEMENT IS NOT REQUIRED AND TO EXCLUDE A PREMIUM PAYABLE FOR INSURANCE IN LIEU OF PERFECTING A SECURITY INTEREST UPON THE RENEWAL OR REFINANCING OF THE SALE, LEASE, OR LOAN, UNLESS THE RENEWAL OR REFINANCING OCCURS MORE THAN FIVE YEARS AFTER THE INITIAL SALE, LEASE, OR LOAN OR UNLESS THE ACTUAL AMOUNT OF DOLLARS GIVEN TO THE CUSTOMER AT THE TIME OF THE RENEWAL OR REFINANCING IS MORE THAN TEN PERCENT GREATER THAN THE ORIGINAL LOAN AMOUNT.

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

Printed Page 492 . . . . . Wednesday, February 3, 1999

S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003, OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.

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

S. 438 (Word version) -- Senator Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA SCHOOL TUTORING ACT OF 1999", BY ADDING

Printed Page 493 . . . . . Wednesday, February 3, 1999
SECTION 59-5-160 SO AS TO AUTHORIZE AN INDIVIDUAL WHO PROVIDES VOLUNTEER TUTORING SERVICES IN A PUBLIC SCHOOL TO RECEIVE A STATE INCOME TAX CREDIT OR A TUITION CREDIT REDEEMABLE AT A STATE PUBLIC INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE, AND TO PROVIDE PROCEDURES RELATING TO THE USE AND TRANSFERABILITY OF THESE CREDITS.

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

S. 439 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-103-200 AND 59-103-210 SO AS TO PROVIDE FOR PILOT TESTING AND THEN FULL STATEWIDE IMPLEMENTATION OF A PROGRAM OF INFORMATION AND COUNSELING FOR THIS STATE'S SIXTH GRADE STUDENTS AND THEIR PARENTS OR GUARDIANS ON THE IMPORTANCE OF RIGOROUS ACADEMIC PREPARATION, THE REQUIREMENTS FOR POST HIGH SCHOOL EDUCATION, AND THE FINANCIAL AND OTHER ASSISTANCE AVAILABLE FOR SUCH POST HIGH SCHOOL EDUCATION.

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

S. 440 (Word version) -- Senators Setzler, Bryan, Moore, Land, Short, Wilson and Giese: A BILL TO AMEND SECTION 59-1-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO FURTHER PROVIDE FOR THE USE OF CERTAIN DAYS OF THE SCHOOL TERM.

Senator SETZLER spoke on the Bill.

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

S. 441 (Word version) -- Senators Patterson and Matthews: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL ESTABLISH BY SCHOOL YEAR 1999-2000 A UNIFORM GRADING SYSTEM

Printed Page 494 . . . . . Wednesday, February 3, 1999
BASED ON A SPECIFIED NUMERICAL SCALE TO BE USED BY ALL PUBLIC SCHOOLS IN THIS STATE.

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

S. 442 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT A CHANGE IN THE USE OF A RESIDENCE REQUIRES AN APPORTIONED APPLICATION OF THE APPROPRIATE ASSESSMENT RATIO ON THE RESIDENCE IN COMPUTING THE TAX ON THE RESIDENCE AND TO PROVIDE THE DATE THE USE IS DEEMED TO HAVE CHANGED; AND TO AMEND SECTIONS 12-37-250 AND 12-37-251, BOTH AS AMENDED, RELATING TO HOMESTEAD EXEMPTIONS FOR PERSONS OVER AGE SIXTY-FIVE OR WHO ARE PERMANENTLY AND TOTALLY DISABLED AND THE OWNER-OCCUPIED RESIDENTIAL PROPERTY EXEMPTION FROM OPERATING MILLAGE IMPOSED FOR SCHOOLS, SO AS TO PROVIDE THAT THESE EXEMPTIONS MUST BE PRORATED IN COMPUTING THE TAX ON THE RESIDENCE FOR THE YEAR WHEN THE USE OF THE RESIDENCE CHANGES AND TO PROVIDE THE DATE THE USE IS DEEMED TO HAVE CHANGED.

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

S. 443 (Word version) -- Senators Patterson and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS A RETIRED TEACHER WHO IS CERTIFIED TO TEACH IN THIS STATE RECEIVES WHILE WORKING AS A CLASSROOM TEACHER IN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL OF THIS STATE AFTER RETIREMENT.

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

Printed Page 495 . . . . . Wednesday, February 3, 1999

S. 444 (Word version) -- Senators Reese and Courtney: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME FOR PAYING PROPERTY TAXES, SO AS TO CHANGE THE DAY THE TAXES ARE DUE AND PAYABLE FROM BETWEEN SEPTEMBER THIRTIETH AND JANUARY FIFTEENTH AFTER THEIR ASSESSMENT IN EACH YEAR TO ONE HUNDRED TWENTY DAYS FROM THE DATE OF MAILING OF THE TAX NOTICES.

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

S. 445 (Word version) -- Senators Bryan, Passailaigue, Leatherman, Ford, McConnell, Washington, Hutto, Ravenel, Drummond, Alexander, Martin and Land: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND AND TO PROVIDE THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID BY OCTOBER THIRTY-FIRST AND THE BALANCE OF THE REIMBURSEMENT MUST BE PAID NO LATER THAN THE SUCCEEDING APRIL FIRST.

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

S. 446 (Word version) -- Senators Leatherman and Wilson: A BILL TO AMEND SECTIONS 12-36-90, 12-36-110, AND 12-36-2120, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT BUILDING MATERIALS PURCHASED BY A NONPROFIT TAX EXEMPT ENTITY EXCLUSIVELY ORGANIZED AND OPERATED TO BUILD AND SELL SINGLE FAMILY HOUSES TO SELECTED BUYERS TO PROMOTE HOME OWNERSHIP AND TO EXCLUDE FROM THE DEFINITIONS OF "GROSS PROCEEDS OF SALE" AND "RETAIL SALE" THESE ITEMS WHEN WITHDRAWN FROM INVENTORY AND DONATED TO AN ENTITY TO WHICH THE ITEMS COULD BE SOLD SALES TAX EXEMPT.

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

Printed Page 496 . . . . . Wednesday, February 3, 1999

S. 447 (Word version) -- Senators Moore, J. Verne Smith, Drummond, Leventis and McConnell: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS.

Read the first time and on motion of Senator MOORE, with unanimous consent, referred to the Committee on Finance.

S. 448 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.

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

S. 449 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-218 SO AS TO REQUIRE THAT EXCESS PROPERTY TAX REVENUES RECEIVED FROM EACH INDIVIDUAL TAXPAYER AS A RESULT OF AN INCORRECT CALCULATION AND IMPOSITION OF THE ROLLBACK MILLAGE IN A COUNTY FOR THE YEAR THE COUNTY IMPLEMENTS A PROPERTY TAX REASSESSMENT PROGRAM BE REFUNDED TO EACH TAXPAYER WITHIN ONE HUNDRED EIGHTY DAYS OF THE COLLECTION OF THE PROPERTY TAX.

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

S. 450 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER, AND TO AMEND SECTION 50-13-1192, RELATING TO NONGAME FISHING DEVICES, SO AS TO RESTRICT FROM TWO TO ONE THOUSAND THE NUMBER OF

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TROTLINE HOOKS THAT MAY BE USED WITH A COMMERCIAL FISHING LICENSE AND TO REQUIRE THAT THESE HOOKS BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH CYLINDER WITH AN INSIDE DIAMETER OF ONE-HALF INCH.

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

S. 451 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 19, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FISHING LAKES MARION AND MOULTRIE, BY ADDING SECTION 50-19-1921, SO AS TO RESTRICT TO ONE THE NUMBER OF BLUE CATFISH AND FLATHEAD CATFISH 40 INCHES OR LARGER THAT MAY BE TAKEN FROM LAKES MARION AND MOULTRIE, AND THE WATERS BETWEEN THE CONFLUENCE OF WATEREE AND CONGAREE RIVERS, AND THE BACKWATERS OF LAKE MARION WHICH IS CONSIDERED A PART OF LAKE MOULTRIE; AND TO AMEND CHAPTER 13 OF TITLE 50, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-1625, SO AS TO MAKE IT UNLAWFUL TO POSSESS OR CONTROL MORE THAN ONE LIVE BLUE OR FLATHEAD CATFISH 40 INCHES OR LARGER AND TO EXEMPT AQUACULTURE CONCERNS POSSESSING BROODSTOCK IF THEY HAVE A HISTORY OF FISH PROPAGATION.

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

S. 452 (Word version) -- Senators Reese, McGill, Ford, Elliott and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-175 SO AS TO PROVIDE THAT A TROOPER OR OFFICER ASSIGNED TO THE SOUTH CAROLINA HIGHWAY PATROL DIVISION'S MULTI-DISCIPLINARY ACCIDENT INVESTIGATIVE TEAM SHALL HAVE THE RANK AND COMPENSATION OF A SERGEANT AND IS SUBJECT TO THE COMMAND STRUCTURE THAT GOVERNS HIS SUPERIOR OFFICERS.

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

S. 453 (Word version) -- Senator Holland: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 498 . . . . . Wednesday, February 3, 1999
CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260,
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RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO
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REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

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

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S. 454 (Word version) -- Senator Land: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.

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

S. 455 (Word version) -- Senator Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80, SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF PHARMACY TO LICENSE AND REGULATE HOME MEDICAL EQUIPMENT AND SERVICES PROVIDERS AND TO ESTABLISH THE HOME MEDICAL EQUIPMENT ADVISORY BOARD AND TO PROVIDE FOR ITS DUTIES.

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

S. 456 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN EQUIPMENT THAT MUST BE MAINTAINED ON A MOTORCYCLE, SO AS TO DELETE THE PROVISION THAT REGULATES THE HEIGHT OF MOTORCYCLE HANDLEBARS.

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

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

The Joint Resolution was read the first time, and on motion of Senator ALEXANDER, with unanimous consent, ordered placed on the Calendar without reference.

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H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999, AND TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIED PROVISIONS OF ACT 154 OF 1997.

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

H. 3425 (Word version) -- Reps. Gamble, Wilkins, Koon, Riser, Stuart, Knotts, Bauer, Phillips, McCraw, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, R. Smith, Rhoad, Rice, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE MOLLY MITCHELL "MOLLY" SPEARMAN OF SALUDA COUNTY FOR HER YEARS OF EXCELLENT SERVICE TO THE CONSTITUENTS OF HOUSE

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DISTRICT 39, THE HOUSE OF REPRESENTATIVES, AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO OUR MOST ESTEEMED FRIEND AND COLLEAGUE IN HER UPCOMING POSITION AS DEPUTY SUPERINTENDENT FOR GOVERNMENTAL AFFAIRS IN THE DEPARTMENT OF EDUCATION.

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

REPORTS OF STANDING COMMITTEE

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

S. 358 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.

Ordered for consideration tomorrow.

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

S. 402 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-26 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF BEAR CREEK IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

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

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H. 3260 (Word version) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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

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REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

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

Senator McCONNELL proposed the following amendment (RULES0150.001.DOC), which was adopted:

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

/SECTION ______. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 78
License Plates on Behalf of the H. L. Hunley Submarine

Section 56-3-7910.   (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:

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(1)   one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;

(2)   more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and fifty-eight dollars to the Hunley Commission for each special license plate sold;

(3)   two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.

(C)   The department shall reserve the first twelve license plates for use by the Hunley Commission."

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3350 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT THE PRECINCT NAMED JOHNS ISLAND 5A IS RENAMED KIAWAH ISLAND AND THE PRECINCT NAMED JOHNS ISLAND 5B IS RENAMED TOWN OF SEABROOK.

CARRIED OVER

The following Joint Resolutions were carried over:

S. 339 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM

Printed Page 507 . . . . . Wednesday, February 3, 1999
(REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Joint Resolution was carried over.

S. 340 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Joint Resolution was carried over.

S. 341 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Joint Resolution was carried over.

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

MOTION ADOPTED

Senator DRUMMOND moved, under the provisions of Rule 1B, that, when the Senate adjourns on Thursday, February 4th, it stand adjourned to meet February 9th, 10th, and 11th at the times and subject to the limitations set forth in Rule 1B, provided that on Wednesday, February 10th, the Senate shall recede at 11:55 A.M. for the purpose of attending the Joint Assembly at 12:00 Noon, and upon completion thereof, stand adjourned pursuant to this motion.

There was no objection and the motion was adopted.

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ADJOURNMENT

At 11:53 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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