South Carolina Senate Journal March 11, 1999 - South Carolina Legislature Online

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

Printed Page 899 . . . . . Thursday, March 11, 1999

Thursday, March 11, 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 words of the 78th Psalm (vv. 5-7):

"He (the Lord) established a decree in Jacob, and appointed a law in Israel, which He commanded our ancestors to teach to their children; that the next generation might know them, the children yet unborn, and rise up and tell them to their children, so that they should set their hope in God, and not forget the works of God, but keep his commandments..."
Let us pray.

Lord, God of the universe: You made it very clear in the Ten Commandments that You were giving to Your human children a design for an ordered society and principles by which mankind should live IF THEY WANTED THE GOOD AND BLESSED LIFE.

It is obvious that too many of us just don't believe You.

So, we pray the prayer of Samuel Longfellow, who, when in the dark days of 1864, prayed:

"Holy Spirit, Truth Divine, dawn upon this soul of mine;

Word of God, and inward Light, wake my spirit, clear my sight."
Amen!

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

John David Durham, 1604 Durham Rd., Piedmont, S.C. 29673 VICE Clarence R. Gentry

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Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ronald W. Whitman, 20 Sirrine Street, Anderson, S.C. 29624 VICE David L. Crenshaw

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Clarence S. Woodson, 70 Main St., West Pelzer, S.C. 29669 VICE John C. Suber (retired)

Initial Appointment, Chester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

R. Lonnie Sloan, P. O. Box 1065, Chester, S.C. 29706 VICE James T. Sealy (deceased)

Leave of Absence

On motion of Senator MOORE, at 11:05 A.M., Senator HOLLAND was granted a leave of absence for today.

Leave of Absence

On motion of Senator MATTHEWS, at 11:05 A.M., Senator PATTERSON was granted a leave of absence for today.

RECALLED AND COMMITTED

H. 3261 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.

Senator PEELER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Fish, Game and Forestry.

Printed Page 901 . . . . . Thursday, March 11, 1999

There was no objection.

Senator PEELEER asked unanimous consent to commit the Joint Resolution to the Committee on Judiciary.

There was no objection.

The Joint Resolution was ordered committed to the Committee on Judiciary.

RECALLED

H. 3040 (Word version) -- Reps. Littlejohn, McKay, Rodgers and Barfield: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.

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

There was no objection.

The Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 589 (Word version) -- Senator Elliott: A SENATE RESOLUTION CONGRATULATING AND OFFERING APPRECIATION TO MISS CAROLINE BRIGMAN OF LATTA, SOUTH CAROLINA, FOR HER MANY OUTSTANDING ACTIVITIES AS A ROLE MODEL AMONG HER PEERS.

The Senate Resolution was adopted.

S. 590 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO HONOR MRS. ELLA YON STEVENSON OF NORTH, SOUTH CAROLINA, UPON THE OCCASION OF HER ONE-HUNDREDTH BIRTHDAY ON MARCH 17, 1999.

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

Printed Page 902 . . . . . Thursday, March 11, 1999

S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis and Cork: 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.

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

S. 592 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-49-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF A TAX SALE TO A MORTGAGEE OR ASSIGNEE OF A MORTGAGE, SECTION 12-51-40, AS AMENDED, RELATING TO PROCEDURES FOR COLLECTING DELINQUENT PROPERTY TAXES, AND SECTION 12-51-120, AS AMENDED, RELATING TO NOTICE TO THE CURRENT OWNER OF REAL PROPERTY OF THE RIGHT OF REDEMPTION OF THE PROPERTY AFTER ITS SALE FOR TAXES ALL SO AS TO REQUIRE THAT THE CERTIFIED MAILED NOTICE TO AN INDIVIDUAL BE BY "RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED", PURSUANT TO CERTAIN UNITED STATES POSTAL SERVICE REGULATIONS, SPECIFYING THAT THE NOTICE TO AN ENTITY, RATHER THAN TO AN INDIVIDUAL, MUST BE BY CERTIFIED MAIL, "RETURN RECEIPT REQUESTED", TO THE LAST KNOWN POST OFFICE ADDRESS, WITHOUT A DESIGNATION OF "RESTRICTED DELIVERY", AND TO CONFORM THE MAILING REQUIREMENTS TO UNITED STATES POSTAL SERVICE PRACTICES.

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

S. 593 (Word version) -- Senator Reese: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON AND ASSAULT, BY ADDING SECTION 16-3-640 SO AS TO MAKE IT AN OFFENSE TO PHYSICALLY ASSAULT A SPORTS OFFICIAL AT ANY LEVEL OF COMPETITION WITHIN THE CONFINES OR IMMEDIATE VICINITY OF THE ATHLETIC FACILITY AT WHICH THE ATHLETIC CONTEST IN WHICH THE SPORTS

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OFFICIAL WAS AN ACTIVE PARTICIPANT IS HELD, AND TO PROVIDE PENALTIES.

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

S. 594 (Word version) -- Senators Holland and Courtney: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.

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

S. 595 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE LANGUAGE REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-260, AS AMENDED, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING MUNICIPAL PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-310, RELATING TO DEFINITIONS CONCERNING ABSENTEE VOTING, SO AS TO DELETE CERTAIN DEFINITIONS WHICH ARE NO LONGER NECESSARY WITH CHANGES MADE TO THE ARTICLE; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, RELATING TO THE TIME OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF AN APPLICATION FOR ABSENTEE BALLOT, SO AS TO SPECIFY CERTAIN CATEGORIES OF VOTERS WHICH MAY USE A DIFFERENT

Printed Page 904 . . . . . Thursday, March 11, 1999

FORM AND TO PROVIDE THAT A QUALIFIED ELECTOR DOES NOT HAVE TO STATE THE REASON FOR REQUESTING AN ABSENTEE BALLOT ON THE APPLICATION FORM; AND TO AMEND SECTION 7-15-395, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONCERNING PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.

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

S. 596 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISIONS THAT A PROVISIONAL CERTIFICATE IS ONLY VALID FOR ONE YEAR AND THAT IT MAY NOT BE RENEWED AND TO ESTABLISH MAXIMUM PERIODS OF EMPLOYMENT ALLOWED BEFORE QUALIFYING TO BE REGISTERED AS AN ENFORCEMENT OFFICER; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.

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

S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO

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AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO

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PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.

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

S. 598 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH 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;

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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, 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

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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 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

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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 ordered placed on the Calendar without reference.

H. 3028 (Word version) -- Reps. Littlejohn, Simrill, Rodgers, Walker, McGee and Riser: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY A PERSON WHO IS LEGALLY BLIND AND TO DEFINE "LEGALLY BLIND".

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

H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.

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

H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER

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PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.

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

H. 3427 (Word version) -- Rep. G. Brown: 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.

H. 3719 (Word version) -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE GRIDIRON VIKINGS OF EMERALD HIGH SCHOOL OF GREENWOOD COUNTY ON WINNING THE 1998 CLASS AA STATE FOOTBALL CHAMPIONSHIP.

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

H. 3721 (Word version) -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A CONCURRENT RESOLUTION TO COMMEND AND HEARTILY CONGRATULATE THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS OUTSTANDING SEASON, ITS BIG SOUTH CONFERENCE CHAMPIONSHIP, AND ITS INVITATION TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT.

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

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

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

H. 3723 (Word version) -- Reps. Lourie, Sheheen, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, 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, Gamble, 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, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THOMAS ROY BERRY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

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

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Medical Affairs polled out S. 7 favorable with amendment:

S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING

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IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.

Poll of the Medical Affairs Committee
Ayes 12; Nays 0; Abstains 4

AYES

Moore                     Peeler                    Bryan
Courson                   Thomas                    Hayes
Cork                      Jackson                   Short
Hutto                     Anderson                  Leventis

TOTAL--12

NAYS

TOTAL--0

ABSTAINS

J. Verne Smith Fair Branton
Grooms

TOTAL--4

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

Ordered for consideration tomorrow.

Printed Page 913 . . . . . Thursday, March 11, 1999

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 914 . . . . . Thursday, March 11, 1999

CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

Ordered for consideration tomorrow.

CONCURRENCE

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.

The House returned the Bill with amendments.

On motion of Senator PASSAILAIGUE, 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.

HOUSE CONCURRENCE

S. 587 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO COMMEND AND HEARTILY CONGRATULATE THE WINTHROP UNIVERSITY EAGLES BASKETBALL TEAM ON ITS OUTSTANDING SEASON, ITS BIG SOUTH CONFERENCE CHAMPIONSHIP, AND ITS INVITATION TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION TOURNAMENT.

Returned with concurrence.

Received as information.

Printed Page 915 . . . . . Thursday, March 11, 1999

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:

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

THIRD READING BILLS

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

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.

S. 491 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.

POINT OF ORDER, PRESIDENT'S RULING APPEALED
AND OVERTURNED, OBJECTION

S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS

Printed Page 916 . . . . . Thursday, March 11, 1999

TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER

Printed Page 917 . . . . . Thursday, March 11, 1999

ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT, WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED,

Printed Page 918 . . . . . Thursday, March 11, 1999

RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING

Printed Page 919 . . . . . Thursday, March 11, 1999

LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE.

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

Point of Order

Senator RUSSELL raised a Point of Order that Sections 15, 19 and 20 of the Bill were out of order inasmuch as they were violative of Section 15, Article III of the S. C. Constitution.

Senators LEATHERMAN and McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Ruling of the PRESIDENT Appealed

Senator HUTTO appealed the Ruling of the PRESIDENT.

ACTING PRESIDENT PRESIDES

At 11:40 A.M., Senator MARTIN assumed the Chair.

Senator DRUMMOND spoke on the motion.

Senator LEATHERMAN spoke on the motion.

Senator PEELER spoke on the motion.

Senator PASSAILAIGUE spoke on the motion.

Senator McCONNELL spoke on the motion.

Senator MOORE spoke on the motion.

Senator GREGORY spoke on the motion.

Senator HUTTO spoke on the motion.

Printed Page 920 . . . . . Thursday, March 11, 1999

The question then was "Shall the Ruling of the PRESIDENT be upheld?"

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

Ayes 15; Nays 27

AYES

Alexander                 Courson                   Courtney
Fair                      Giese                     Grooms
Hayes                     Leatherman                Martin
Mescher                   Peeler                    Russell
Ryberg                    Thomas                    Wilson

Total--15

NAYS

Anderson                  Branton                   Bryan
Cork                      Drummond                  Elliott
Ford                      Glover                    Gregory
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
McGill                    Moore                     O'Dell
Passailaigue              Rankin                    Ravenel
Reese                     Setzler                   Short
Smith, J. Verne           Waldrep                   Washington

Total--27

The Senate refused to uphold the Ruling of the PRESIDENT.

The Point of Order was overruled.

Statement by Senator PASSAILAIGUE

I voted to overturn the PRESIDENT's Ruling because of my understanding that the PRESIDENT had taken the Point of Order to apply to only those sections of the Bill (Sections 15, 19 and 20) referenced in the Point by Senator RUSSELL. My understanding and belief is that a Point of Order raised under Article III, Section 15 of the S. C. Constitution must and can only relate to the Bill in its entirety and cannot be applied to sections or provisions in the body of the Bill. To

Printed Page 921 . . . . . Thursday, March 11, 1999

allow otherwise would give the Presiding Officer the right and authority to amend or veto selective provisions of a Bill, a power clearly not granted by the Constitution or the Rules of the Senate. While I do believe that the referenced sections make S. 528 a revenue-raising Bill under the provisions of Article III, Section 15, I cannot support the PRESIDENT's Ruling on the basis on which it was made.

Senator MATTHEWS objected to further consideration of the Bill.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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

Printed Page 922 . . . . . Thursday, March 11, 1999

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

Senators McCONNELL, MATTHEWS, COURTNEY, PATTERSON, REESE, HAYES, JACKSON, PASSAILAIGUE and SHORT proposed the following amendment (337R006.GFM), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 20 - 27 and inserting the following:

/ the approximate term of the loan contract. For purposes of credit coverage, the `approximate amount of the debt' is defined as follows: (1) the periodic installment payment multiplied by the number of scheduled periodic installment payments for a loan with a term of sixty months or less; (2) the amount necessary to liquidate the remaining debt in a single lump sum payment, excluding all unearned interest and other unearned finance charges, plus six monthly installment payments for a loan with a term in excess of sixty months. Accident and health /

Amend the bill further, as and if amended, page 3, line 18, by striking the word:

/ other /

Amend the bill further, as and if amended, page 6, by striking line 14 and inserting the following:

/ "Section 34-29-163. A policy or certificate may not be declared void and the /

Amend the bill further, as and if amended, page 7, line 25, by deleting the following:

/ , /

Amend the bill further, as and if amended, page 8, line 39, by striking / 38-9-302(1)(d), / and inserting:

/ 36-9-302(1)(d), /

Amend the bill further, as and if amended, page 9, by striking lines 7 and 8, and inserting the following:

/ "Section 37-4-105. (A) If a creditor agrees with a debtor to provide insurance:, ~~(1)~~ the insurance shall be evidenced /

Amend the bill further, as and if amended, page 10, line 21, by deleting SECTION 10 in its entirety and inserting the following:

/ SECTION 10. Section 37-4-110 of the 1976 Code is amended to read:

"(1) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (Section 37-2-204 or Section

Printed Page 923 . . . . . Thursday, March 11, 1999

37-3-204), a refinancing (Section 37-2-205 or Section 37-3-205), or a consolidation (Section 37-2-206 or Section 37-3-206), unless:

(a) the debtor agrees at or before the ~~times~~ time of the deferral, refinancing, or consolidation that the charge may be made;

(b) the debtor is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no deferral, refinancing, or consolidation;

(c) the debtor receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (Section 37-4-108); and

(d) the charge does not exceed the amount permitted by this chapter (Section 37-4-107).

The provisions of this subsection do not apply to insurance for which no identifiable charge is made to the debtor.

(2) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.

(3) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (Section 37-2-204 or Section 37-3-204), a refinancing (Section 37-2-205 or Section 37-3-205), or a consolidation (Section 37-2-206 or Section 37-3-206), unless:

(a) the creditor offers the consumer a choice to continue disability or life insurance coverage up to the amount of the insurance coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance. If the debtor does not qualify for disability or life insurance in connection with the deferral, refinancing or consolidation and if the insurance coverage upon the original loan has not lapsed, the creditor must offer the consumer the choice to continue such coverage. The election of the consumer must be evidenced by an affirmatively signed, clear and conspicuous statement. Coverage may not be required upon deferral, refinancing or consolidation. Such continued insurance may be subject to earlier termination according to insurance termination provisions of the policy or certificate that apply generally without regard to whether the insurance relates to a transaction that is or is not a deferral, refinancing or consolidation; provided, however, that if:

(i) a consumer's insurance under a group policy is terminated due to a termination of the group policy; and

(ii) a plan is made available to provide coverage to the same

Printed Page 924 . . . . . Thursday, March 11, 1999

class of consumers, but subject to submission of evidence of individual insurability, then the evidence of individual insurability requirement shall be waived with respect to all debtors whose insurance terminates due to termination of the original group policy or of the class eligibility, at least to the extent of the amount and term of the insurance in effect immediately before the original coverage is terminated;

(b) incontestability and waiting periods for insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, are based upon the date on which the insurer originally insured the consumer with respect to the insurance coverage on the indebtedness that is deferred, refinanced or consolidated, if the insurance coverage upon the original loan has not lapsed; and

(c) insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, on the indebtedness that is deferred, refinanced, or consolidated is not subject to evidence of insurability, if the insurance coverage upon the original loan has not lapsed.

The provisions of this subsection do not apply to insurance for which no identifiable charge is made to the debtor." /

Amend the bill, as and if amended, page 12, by striking lines 33-34 and inserting:

/ (iii) All insurance may be subject to a provision by which the insurance terminates when the insured debtor attains a specified age, which shall not be less than sixty-six years; provided that any premium paid by or charged to a debtor for a period of coverage beyond such termination age shall result in coverage being continued until the end of the period for which the premium payment or charge is made.

(iv) The disclosures must achieve a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test. /

Amend the bill, as and if amended, page 13, by striking lines 5-16, and inserting the following:

/ For purposes of credit coverage, the `approximate amount of the debt' is defined as follows: (1) the periodic installment payment multiplied by the number of scheduled periodic installment payments for a loan with a term of sixty months or less; (2) the amount necessary to liquidate the remaining debt in a single lump sum payment, excluding all unearned interest and other unearned finance

Printed Page 925 . . . . . Thursday, March 11, 1999

charges, plus six monthly installment payments for a loan with a term in excess of sixty months.

In the case of a consumer lease contract, the residual value of the consumer credit lease may be included in the debt,; however, the lessor shall not require the lessee to buy insurance covering the residual value of the leased item; or" /

Amend the bill, as and if amended, page 15, line 21, by striking the word / separated / and inserting:

/ separate /

Amend the bill, as and if amended, page 15, by striking line 27 and inserting the following:

/ "Section 37-4-207. A policy or certificate may not be declared void and the /

Amend the bill, as and if amended, page 16, line 12, by striking the word:

/ other /

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 third time and ordered sent to the House of Representatives.

SECOND READING BILL

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

S. 542 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.

Senator BRYAN explained the Bill.

Printed Page 926 . . . . . Thursday, March 11, 1999

ADOPTED

S. 516 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO REQUEST THE PRESIDENT PRO TEMPORE TO APPOINT A SPECIAL COMMITTEE TO STUDY THE PROBLEM OF LITTERING ALONG THE ROADS AND HIGHWAYS OF THIS STATE.

The Senate Resolution was adopted.

The PRESIDENT PRO TEMPORE requested the names of the committee be published in the Journal, to-wit:

Senators MOORE, LEVENTIS, THOMAS, RAVENEL, GREGORY and HUTTO.

ADOPTED

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

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

ADOPTED

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

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

CO-SPONSORS ADDED

S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes and Wilson: A BILL TO AMEND TITLE

Printed Page 927 . . . . . Thursday, March 11, 1999

59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.

On motion of Senator SHORT, with unanimous consent, the names of Senators DRUMMOND, WALDREP, JACKSON, FORD, RANKIN, MOORE, LAND, J. VERNE SMITH, HUTTO, BRANTON, RUSSELL, MATTHEWS, LEVENTIS, REESE, PASSAILAIGUE, GLOVER, McGILL, ELLIOTT, SALEEBY and HOLLAND were added as co-sponsors of the Bill.

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LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

John David Durham, 1604 Durham Rd., Piedmont, S.C. 29673 VICE Clarence R. Gentry

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Ronald W. Whitman, 20 Sirrine Street, Anderson, S.C. 29624 VICE David L. Crenshaw

Initial Appointment, Anderson County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Clarence S. Woodson, 70 Main St., West Pelzer, S.C. 29669 VICE John C. Suber (retired)

Having received a favorable report from the Anderson County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Chester County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

R. Lonnie Sloan, P. O. Box 1065, Chester, S.C. 29706 VICE James T. Sealy (deceased)

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, March 12, 1999, it stand adjourned to meet next Tuesday, March 16, 1999, at 12:00 Noon, which motion was adopted.

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ADJOURNMENT

At 12:50 P.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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