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


Printed Page 509 . . . . . Thursday, February 4, 1999

Thursday, February 4, 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 witness of a man of olden times... in the 40th Psalm:

"I waited patiently upon the Lord,

He stooped down to me and heard my cry.

He lifted me out of the desolate pit, out of the mire and clay;

He set my feet upon a high cliff and made my footing sure."
Let us pray.

Eternal God, we read in the pages of the Old and New Testaments of the Book of Life that You have revealed Yourself and proved Yourself as the Good Shepherd.

We thank You for leading us down the years through wars and peace, through panic and pestilence! Thanks for the green pastures and the still waters of prosperity and plenty.

Lead us, O Lord, into spiritual vistas.

We need a time of our years when we realize our kinship of the human race - that we are, indeed, brothers and sisters; and it is the Good Shepherd's desire to gather us all into one fold, the world, redeeming that which is evil, and sanctifying that which is unholy.

To that end discipline us, chasten us, and help us to make a start.
Amen.

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

Doctor of the Day

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

Expression of Personal Interest

Senator PASSAILAIGUE rose for an Expression of Personal Interest.


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RECALLED

H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

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

There was no objection.

H. 3332--Objection

Senator ALEXANDER asked unanimous consent to give the Bill a second reading and a third reading tomorrow.

Senator McCONNELL objected to second and third readings of the Bill.

The Bill was recalled and ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:


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S. 458 (Word version) -- Senator Passailaigue: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 TO PROVIDE THAT THE FAIR MARKET VALUE OF OWNER OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN: (1) THE VALUE OF PERMANENT IMPROVEMENTS; AND (2) FIFTEEN PERCENT MORE THAN THE AVERAGE INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY PRECEDING A COUNTYWIDE REASSESSMENT AND THE YEAR OF A COUNTYWIDE REASSESSMENT, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE SPOUSE THEREOF; AND TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED, THE COUNTY ASSESSOR SHALL SET THE FAIR MARKET VALUE.

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

S. 459 (Word version) -- Senators Holland, Thomas, Russell, Ravenel and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO


Printed Page 512 . . . . . Thursday, February 4, 1999

EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES,

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OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.

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

S. 460 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 461 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL),


Printed Page 514 . . . . . Thursday, February 4, 1999

DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 462 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

Senator MARTIN spoke on the Resolution.

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

S. 464 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-21-2793, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROXIMITY RESTRICTIONS ON LOCATIONS WITH VIDEO GAMES WITH A FREE PLAY FEATURE TO SCHOOLS, KINDERGARTENS, PARKS, PLAYGROUNDS, COLLEGES AND UNIVERSITIES, AND CHURCHES, SO AS TO REQUIRE THE APPLICABLE DISTANCES TO BE COMPUTED FROM THE NEAREST POINTS THE TWO PROPERTIES APPROACH EACH OTHER, TO DELETE


Printed Page 515 . . . . . Thursday, February 4, 1999

AN OBSOLETE PROVISION, AND TO MAKE THIS ACT EFFECTIVE FOR LOCATIONS WITH MACHINES LICENSED AFTER MAY 31, 1999.

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

S. 465 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE CERTAIN INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE INSURANCE FOR STATE CONSTABLES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 23-1-230 SO AS TO PROVIDE THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION WITH REGULATORY CONTROL AND APPROVAL OVER TRAINING PROGRAMS FOR VOLUNTEER STATE CONSTABLES, 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE AND FOR TRAINING AND EQUIPMENT FOR VOLUNTEER STATE CONSTABLES MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION, AND 23-1-250 SO AS TO AUTHORIZE VOLUNTEER STATE CONSTABLES WITH APPROPRIATE TRAINING TO UTILIZE EMERGENCY LIGHTS AND AUDIBLE SIGNALS IN PRIVATELY OWNED MOTOR VEHICLES AND TO OPERATE AUTHORIZED EMERGENCY VEHICLES WHEN RESPONDING TO EMERGENCY CALLS; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS


Printed Page 516 . . . . . Thursday, February 4, 1999

THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, AND PROVIDE THAT A VOLUNTEER STATE CONSTABLE SERVING WITHOUT COMPENSATION IS A VOLUNTEER WHOSE APPOINTMENT IS CERTIFIED BY THE STATE LAW ENFORCEMENT DIVISION AS HAVING COMPLETED THE REQUISITE TRAINING TO MAINTAIN AN ACTIVE COMMISSION.

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

S. 466 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF CERTAIN ITEMS, SO AS TO LIMIT THE TAX ON A SINGLE SALE ON SPECIFIED MOTORIZED UNITS AND THE TRAILERS PURCHASED WITH THEM AS A PACKAGE AND ON A BOAT AND MOTOR PURCHASED AS A PACKAGE, TO APPLY THE LIMITATION RETROACTIVELY, AND TO REQUIRE THE DEPARTMENT OF REVENUE TO REFUND SUMS COLLECTED IN EXCESS OF THE MAXIMUM TAX SINCE JULY 1, 1995.

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

S. 467 (Word version) -- Senator Hayes and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805 SO AS TO AUTHORIZE A MUNICIPALITY OR COUNTY BY ORDINANCE TO REGULATE THE LOCATION OF VIDEO GAMES WITH A FREE PLAY FEATURE WITHIN THE MUNICIPALITY OR COUNTY BY MEANS OF ZONING OR OTHER ORDINANCES GENERALLY APPLICABLE TO CLASSES OF BUSINESS ACTIVITY, PROVIDE THAT THE OWNER OF THE MACHINE ON WHICH THESE GAMES ARE PLAYED MUST HAVE OBTAINED A LOCAL LOCATION LICENSE BEFORE IT IS LICENSED OR RELICENSED, AND TO PROVIDE A PROCEDURE FOR CONFISCATION AND SALE OF THESE MACHINES DETERMINED TO BE IN VIOLATION OF LOCAL ORDINANCE.

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


Printed Page 517 . . . . . Thursday, February 4, 1999

S. 468 (Word version) -- Senators Hayes, Waldrep, Martin, Wilson and Ryberg: A BILL TO ENACT "THE EQUALIZATION OF DEFENDANTS' AND VICTIMS' RIGHTS ACT OF 1999", INCLUDING PROVISIONS TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY; TO AMEND SECTION 14-7-810, RELATING TO THE ENUMERATION OF DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO PROVIDE A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN SIXTY DAYS IS NOT QUALIFIED TO SERVE ON A JURY; TO AMEND SECTION 14-7-1010, RELATING TO THE ASCERTAINMENT OF QUALIFICATIONS OF JURORS BY THE PRESIDING JUDGE, SO AS TO PROVIDE THAT JURORS DISCLOSE ANY PENDING CRIMINAL CHARGES, IF ANY, TO THE PRESIDING JUDGE OF GENERAL SESSIONS COURT, AND TO PROVIDE FURTHER THAT THE JUDGE SHALL DISQUALIFY A JUROR WHO HAS CRIMINAL CHARGES PENDING IN GENERAL SESSIONS COURT IN ANY CIRCUIT OF THE STATE; TO AMEND SECTION 14-7-1110, AS AMENDED, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; TO AMEND SECTION 14-7-1120, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES OF ALTERNATE JURORS IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE; TO AMEND CHAPTER 1, TITLE 17, RELATING TO GENERAL PROVISIONS FOR CRIMINAL PROCEDURES BY ADDING SECTION 17-1-60 SO AS TO PROVIDE THE COURT SHALL ORDER THE DEFENSE TO PRODUCE ITS PROSPECTIVE WITNESS LIST UPON REQUEST OF THE PROSECUTION IF THE PROSECUTION IS REQUIRED TO DISCLOSE ITS PROSPECTIVE WITNESS LIST TO THE DEFENDANT; TO AMEND SECTION


Printed Page 518 . . . . . Thursday, February 4, 1999

17-19-20, RELATING TO THE SUFFICIENCY OF THE INDICTMENT, SO AS TO PROVIDE FOR THE SUFFICIENCY OF AN INDICTMENT CHARGING A PERSON WITH THE COMMISSION OF MORE THAN ONE CRIME.

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

S. 469 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12, SO AS TO ENACT THE SOUTH CAROLINA COURT REPORTING ACT, SO AS TO, AMONG OTHER THINGS, ESTABLISH THE BOARD OF COURT REPORTING AND PROVIDE FOR ITS DUTIES AND FUNCTIONS, ESTABLISH LICENSURE AND REGULATORY STANDARDS FOR THE PROFESSION OF COURT REPORTING, AND TO PROVIDE FOR PENALTIES FOR VIOLATION OF THE LICENSING AND REGULATORY PROVISIONS.

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

S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.

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

S. 471 (Word version) -- Senators Setzler, Wilson and Ryberg: A SENATE RESOLUTION IN OBSERVANCE OF BLACK HISTORY MONTH DURING FEBRUARY 1999, THE MEMBERS OF THE SOUTH CAROLINA SENATE RECOGNIZE THE OUTSTANDING CONTRIBUTIONS OF THE AFRICAN-AMERICANS THROUGHOUT THE HISTORY OF THE PALMETTO STATE AND NATION AND RECOGNIZE PASTOR WINFORD THOMPSON OF THE HALL HILL BAPTIST CHURCH IN LEXINGTON COUNTY AS THEY GATHER IN UNITY AND IN THE SPIRIT OF LOVE ON SUNDAY, FEBRUARY 7, 1999.

The Senate Resolution was adopted.


Printed Page 519 . . . . . Thursday, February 4, 1999

H. 3062 (Word version) -- Reps. Kirsh and Rodgers: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-140 SO AS TO AUTHORIZE A STATE AGENCY TO ESTABLISH, COLLECT, AND RETAIN A FINE TO COVER THE COST OF COLLECTING A DISHONORED CHECK.

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

H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

Whereas, Dr. Martin Luther King, Jr., was born in Atlanta, Georgia, on January 15, 1929, and became one of the world's most well-known, respected, and revered advocates of nonviolent social change; and

Whereas, Dr. King delivered his famous "I Have a Dream" oration on August 28, 1963, and the following year he was the recipient of the Nobel Peace Prize and was named Time Magazine's Man of the Year; and

Whereas, Dr. King was tragically assassinated on April 4, 1968, in Memphis, Tennessee, while seeking to assist a garbage workers' strike; and

Whereas, Dr. King continues to be revered by many for his martyrdom and undying effort on behalf of nonviolence to unite blacks and whites in the United States; and

Whereas, it is appropriate and fitting to name the Church Street Bridge, which serves as a connector between the African-American and Caucasian communities in the City of Florence, in honor of Dr. Martin Luther King, Jr. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly requests the Department of Transportation to name the Church Street Bridge between West Darlington Street and East Cheves Street in the City of Florence in honor of Dr. Martin Luther King, Jr., and to erect appropriate markers or signs reflecting this designation.


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Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Introduced and referred to the Committee on Transportation.

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.

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

H. 3397 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL ELECTRONIC TRAFFIC SIGNALS AT THREE LOCATIONS IN CHEROKEE COUNTY BY JULY 1, 1999.

Be it resolved by the House of Representatives, the Senate concurring:

That the Department of Transportation is requested to install electronic traffic signals at the following intersections in Cherokee County by July 1, 1999:

(1)   Filter Plant Road and United States Highway 29;

(2)   South Carolina Highway 31 (Overbrook Drive) and Secondary Highway 11-171 (West Buford Street); and

(3)   North Logan Street and Secondary Highway 11-24 (Third Street).

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.

Introduced and referred to the Committee on Transportation.

H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.


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

H. 3426 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 1999, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1999 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1999 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly invite the winners of the 1999 Jean Laney Harris Folk Heritage Awards and the members of the 1999 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 21, 1999, and that the members of the General Assembly recognize and commend the 1999 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.


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Introduced and referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

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


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S. 370 (Word version) -- Senators Peeler and Passailaigue: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN; BY ADDING SECTION 50-17-560, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST OR POSSESS SARGASSO WEED IN THIS STATE EXCEPT UNDER A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3319 favorable:

H. 3319 (Word version) -- Reps. Inabinett, Moody-Lawrence, Campsen, Neal, Mack and Whipper: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1999) AS "LEGISLATIVE FAMILY DAY 1999" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS


Printed Page 524 . . . . . Thursday, February 4, 1999

THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

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

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

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

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 381 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE BEACH BY RECOGNIZING IT AS THE CHILDREN'S MUSEUM OF MYRTLE BEACH, SOUTH CAROLINA.

Returned with concurrence.

Received as information.


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

ORDERED ENROLLED FOR RATIFICATION

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

H. 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.

HOUSE BILL RETURNED

The following House Joint Resolution was read the third time and ordered returned to the House with 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.

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

Senator DRUMMOND proposed the following amendment (KGJ\15289HTC99), which was adopted:

Amend the joint resolution, as and if amended, in SECTION 1, page 1, on lines 26 and 36, by striking /1993/ and inserting /1994/, and on line 39 by striking /1993 through/ and inserting /1994 and/.


Printed Page 526 . . . . . Thursday, February 4, 1999

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was amended, read the third time, and ordered returned to the House with amendments.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

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.

Senator PEELER explained the Bill.

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.

Senator PEELER explained the Bill

SECOND READING BILLS

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


Printed Page 527 . . . . . Thursday, February 4, 1999

S. 339 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

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.

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,


Printed Page 528 . . . . . Thursday, February 4, 1999

ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.

ADOPTED

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.

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

RECOMMITTED

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 recommitted to the Committee on Education.

RECOMMITTED

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 recommitted to the Committee on Education.

CARRIED OVER

The following Bill was carried over:

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


Printed Page 529 . . . . . Thursday, February 4, 1999

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

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

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

CO-SPONSORS ADDED

S. 192 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE


Printed Page 530 . . . . . Thursday, February 4, 1999

AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

On motion of Senator FAIR, with unanimous consent, the names of Senators FAIR, THOMAS, RYBERG, SETZLER, MARTIN and PEELER were added as co-sponsors of the Bill.

MOTION TO RATIFY ADOPTED

Senator DRUMMOND made a motion to authorize the PRESIDENT of the Senate to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a time next week convenient to the Speaker of the House and PRESIDENT of the Senate.

There was no objection and a message was sent to the House accordingly.


Printed Page 531 . . . . . Thursday, February 4, 1999

MOTION ADOPTED

On motion of Senator RYBERG, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Johnny Garland Molony of Aiken, S.C., affectionately known as "Mr. Clemson."

Time Fixed

Pursuant to the motion made by Senator DRUMMOND on Wednesday, February 3, 1999, that, when the Senate adjourns on Friday, February 5, 1999, it stand adjourned to meet next Tuesday, February 9, 1999, at 11:00 A M., which motion was adopted.

ADJOURNMENT

At 11:40 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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