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


Printed Page 1558 . . . . . Wednesday, March 24, 1999

Wednesday, March 24, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Our Father God, in the awareness of our limited wisdom, we turn to You Whose dwelling place is beyond earth born clouds. We lift our grateful hearts for the heritage which is ours, bought by toils and tears other than our own. Give an abundant measure of understanding, humility, and charity to these who for our State's welfare are entrusted in this Chamber with the power of legislation. When the seamless robe of humanity is rent by strife and discord, use us as instruments of reconciliation. Keep us in step with the drumbeat of Your Word as we go marching on. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Nellie Lister of Spartanburg, which was agreed to.

REPORT RECEIVED

The following was received.

Committee to Screen Candidates
For Boards of Trustees
of State Colleges and Universities

Memorandum To:   Clerk of the House

Clerk of the Senate
Re:             Committee Hearings, March 24, 1999


Printed Page 1559 . . . . . Wednesday, March 24, 1999

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law
Enforcement Division show no felony charges against any of the candidates.

The Citadel
At large

one seat           Col. John A. McAllister, Jr. (Mt.Carmel)

Mr. Julian G. Frazier III (Sumter)

Mr. Robert M. Sutton (Myrtle Beach)

Coastal Carolina University
Six congressional districts and two at large

1st District, Seat 1     Mr. Clark B. Parker (Myrtle Beach)

Ms. Gloria A. Bonali (Conway)

Mr. Ronald R. Norton (Conway)

2nd District, Seat 3     Mr. Oran P. Smith (Columbia)

3rd District, Seat 5     Mr. Payne H. Barnette, Jr.(Greenwood)

4th District, Seat 7     Ms. Elaine W. Marks (Spartanburg)

5th District, Seat 9     Ms. Juli Streater Powers (Bennettsville)

6th District, Seat 11     Mr. Fred F. DuBard, Jr. (Florence)

At-large, Seat 13     Mr. H. Franklin Burroughs (Conway)

Ms. Etrulia P. Dozier (Conway)

At-large, Seat 15     Mrs. Lee Mason (Surfside Beach)

South Carolina State

Three congressional districts

2nd District, Seat 2     Mr. Samuel Glover (Columbia)

4th District, Seat 4     Dr. James L Bullard (Greenville)

Mr. John A. McCarroll (Lyman)

Wil Lou Gray Opportunity School

At-large

Three seats     Mr. Vince Rhoads (West Columbia)

Dr. Louis T. Scott (Florence)

Mr. Lowell C. "Butch" Spires (Cayce)

Dr. Barbara D. Dilligard (Charleston)


Printed Page 1560 . . . . . Wednesday, March 24, 1999

Winthrop University

At-large

One seat     Mr. Robert L. Thompson (Fort Mill)

Mr. Rick Lee (Rock Hill)

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 3761 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. GAMBLE, with unanimous consent, the following was taken up for immediate consideration:

H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.

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

That Palmetto Girls State is authorized to use the chambers of the House of Representatives and the Senate on Thursday, June 17, 1999, from 9:30 A.M. to 12:00 P.M. and on Friday, June 18, 1999, from 2:00 P.M. to 4:00 P.M. for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.


Printed Page 1561 . . . . . Wednesday, March 24, 1999

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Girls State on these dates.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3763 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING REVEREND JOHN C. WILLIAMS OF RICHLAND COUNTY ON THE OBSERVANCE OF HIS TENTH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH, AND COMMENDING HIM FOR HIS MANY YEARS OF HUMANITARIAN SERVICE THROUGHOUT THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1562 . . . . . Wednesday, March 24, 1999

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 644 (Word version) -- Senators McConnell, Washington, Ford, Jackson and Courson: A CONCURRENT RESOLUTION TO HONOR MR. MAC ARTHUR GOODWIN UPON HIS ELECTION AS PRESIDENT OF THE NATIONAL ART EDUCATION ASSOCIATION, WHICH IS THE WORLD'S LARGEST PROFESSIONAL ART EDUCATION ASSOCIATION AND A LEADER IN EDUCATIONAL RESEARCH, POLICY, AND PRACTICE FOR ART EDUCATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3764 (Word version) -- Reps. Sheheen, Harrison, Altman and Delleney: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETIRED JUDGE OR JUSTICE BEING ASSIGNED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PRESIDE OVER CERTAIN CASES, SO AS TO PROVIDE THAT AN ACTIVE RETIRED JUDGE FROM THE CIRCUIT COURT HAS THE SAME POWERS AT CHAMBERS AS A JUDGE OF THE CIRCUIT COURT.
Referred to Committee on Judiciary

H. 3765 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-172 SO AS TO PROVIDE THAT A DISTRICT COMMANDER OF THE SOUTH CAROLINA HIGHWAY PATROL DIVISION MUST MAINTAIN HIS PRIMARY RESIDENCE WITHIN THE DISTRICT IN WHICH HE IS ASSIGNED AND MUST BE ON-CALL TWENTY-FOUR HOURS, SEVEN DAYS A WEEK.
Referred to Committee on Education and Public Works

H. 3766 (Word version) -- Rep. Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE


Printed Page 1563 . . . . . Wednesday, March 24, 1999

CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 3767 (Word version) -- Reps. Mack, Harvin, Knotts, Allen, Bowers, Breeland, Clyburn, Davenport, Govan, J. Hines, Howard, Inabinett, Lloyd, Neal, Parks, Phillips, Pinckney, Robinson, Stille and Whipper: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF AD VALOREM TAXES ON REAL PROPERTY, SO AS TO REQUIRE A COUNTY TO ALLOW A TAXPAYER ELECTION TO PAY THOSE TAXES IN MONTHLY INSTALLMENTS.
Referred to Committee on Ways and Means

H. 3768 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MUNICIPAL SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A ONE PERCENT SALES AND USE TAX IN A MUNICIPALITY, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, TO REQUIRE THE TAX REVENUE TO BE USED TO REDUCE MUNICIPAL PROPERTY TAXES, AND TO RESCIND THE TAX WHEN THE COUNTY IN WHICH A MUNICIPALITY IS LOCATED ADOPTS A LOCAL OPTION SALES TAX.
Referred to Committee on Ways and Means

H. 3769 (Word version) -- Reps. Miller, Allen, Bales, Battle, Bowers, Breeland, J. Brown, Cato, Cobb-Hunter, Gilham, Hayes, J. Hines, Howard, Inabinett, Kennedy, Knotts, Lanford, Lloyd, Lourie, Lucas, Mack, Maddox, McCraw, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Rhoad, Sheheen, F. Smith, J. Smith, Trotter and Wilder: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF


Printed Page 1564 . . . . . Wednesday, March 24, 1999

HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO MEMBERSHIP ON THE AQUATIC PLANT MANAGEMENT COUNCIL; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3770 (Word version) -- Reps. Cato and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO


Printed Page 1565 . . . . . Wednesday, March 24, 1999

AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 3771 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, IN AIKEN COUNTY, UPON WINNING THE CLASS 2AA STATE MARCHING BAND CHAMPIONSHIP FOR THE SECOND YEAR IN SUCCESSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Altman                 Bales

Printed Page 1566 . . . . . Wednesday, March 24, 1999

Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown H.               Brown J.               Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Delleney
Easterday              Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
Mason                  McCraw                 McGee
McKay                  McMahand               Meacham
Miller                 Moody-Lawrence         Ott
Parks                  Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Trotter
Vaughn                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 24.

Merita Allison                    Harry Askins
George Bailey                     Andre Bauer
Ralph Canty                       William Clyburn
Gilda Cobb-Hunter                 Bill Cotty
Doug Smith                        Ralph Davenport
Tracy Edge                        Fletcher Smith
Grady Brown                       Jerry Govan
Alex Harvin                       Curtis Inabinett
Douglas Jennings                  Steve Lanford

Printed Page 1567 . . . . . Wednesday, March 24, 1999

James Law                         Lanny Littlejohn
E.B. "Mac" McLeod                 Cordell Maddox
Joseph Neal                       Denny Neilson
Olin Phillips                     Richard Quinn
Todd Rutherford                   John Scott
RonaldTownsend                    Walton McLeod
Robert Walker                     Jackson Whipper
Timothy Wilkes                    Thomas Woodrum

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. T. BROWN a leave of absence for the week due to constituent services.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert Belding of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."


Printed Page 1568 . . . . . Wednesday, March 24, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3153 (Word version)
Date:     ADD:
03/11/99   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3379 (Word version)
Date:     ADD:
03/11/99   RISER

CO-SPONSOR ADDED

Bill Number:   H. 3276 (Word version)
Date:     ADD:
03/11/99   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3617 (Word version)
Date:     ADD:
03/11/99   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3673 (Word version)
Date:     ADD:
03/11/99   W. MCLEOD

CO-SPONSOR REMOVED

Bill Number:   H. 3379 (Word version)
Date:     REMOVE:
03/11/99   HASKINS

CO-SPONSOR REMOVED

Bill Number:   H. 3379 (Word version)
Date:     REMOVE:
03/11/99   LOFTIS

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE


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STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3469 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100 SO AS TO PROHIBIT HUNTING, FISHING, AND TRAPPING ON LANDS OR PRIVATE WATERS WITHOUT PERMISSION FROM THE OWNER OR HIS AGENT, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION, AND FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
Rep. WITHERSPOON explained the Bill.

H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CATO explained the Joint Resolution.

H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.


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SENT TO THE SENATE

The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.

H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.

H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

H. 3418 -- DEBATE ADJOURNED

Rep. MCCRAW moved to adjourn debate upon the following Bill until Wednesday, April 7, which was adopted:

H. 3418 (Word version) -- Reps. Sharpe and R. Smith: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICES SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.


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H. 3646 -- DEBATE ADJOURNED

The following Bill was taken up:

H. 3646 (Word version) -- Reps. Leach, Cato, Easterday, Hamilton, Haskins, Loftis, Rice, Tripp and Vaughn: A BILL TO AMEND ACT 521 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS AND FOR THE NOMINATION OF CANDIDATES.

Reps. LOFTIS, VAUGHN, CATO, LEACH, HAMILTON, EASTERDAY AND HASKINS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9165SOM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   (A)   A binding referendum must be held at the same time as the 2000 general election in the Greenville County School District on the question of whether or not the qualified electors of the district favor partisan elections of the trustees of the board. The referendum for this purpose must be conducted by the Greenville County Election Commission at the same time as the 2000 general election. The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The cost of the referendum shall be paid by the school district.

(B)   The question put before the qualified electors of the district at the 2000 binding referendum shall read:

"Do you favor electing the members of the Board of Trustees of the Greenville County School District in partisan elections beginning with the general election in the year 2002?

Yes   []
No   []


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Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   2.   Section 1 of Act 521 of 1992 is repealed upon certification of a majority "yes" vote in the referendum held pursuant to Section 1 of this act.
SECTION   3.   Beginning with the 2002 election, the Board of Trustees of the Greenville County School District consists of twelve members who must be elected in partisan elections to be held in the manner as provided by law. One member of the board must be a resident of and elected from each of the twelve defined single-member election districts established in Section 2 of Act 521 of 1992. In the 2002 election, members of the board must be elected from the odd-numbered districts for four-year terms. Thereafter, their successors also must be elected for four-year terms. The members of the board who reside in the even-numbered districts shall continue to be members of the board representing these respective districts until 2004 at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of that district. Candidates must be elected at the time of the general election according to the provisions of Title 7 of the 1976 Code, mutatis mutandis.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.


Printed Page 1573 . . . . . Wednesday, March 24, 1999

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

The members of the board elected in these partisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

Except for those members of the board from the even-numbered districts who shall continue to serve until 2004 as provided by this section, the current members of the board shall continue to be selected and serve as provided by law until the members elected in the 2002 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
SECTION   4.   In the event of a vacancy occurring on the board of trustees of the Greenville County School District from the certification of a favorable vote in the referendum held at the general election in 2000 until ten months before the regular trusted election in 2002, the board shall call a special nonpartisan election to fill the unexpired term. In the event of a vacancy occurring in the ten months before the 2002 election, the vacancy must be filled for the unexpired term or for a full term as appropriate at the 2002 election. The county commissioners of election shall conduct and supervise the special election in the manner governed by the election laws of the State, mutatis mutandis.
SECTION   5.   Section 1 takes effect upon approval by the Governor. The remaining sections take effect only upon certification of a majority "yes" vote in the referendum held pursuant to Section 1./
Amend title to read:
/ TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002, TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN, TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR


Printed Page 1574 . . . . . Wednesday, March 24, 1999

THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON. /

Rep. LOFTIS explained the amendment.

POINT OF ORDER

Rep. WALKER raised a Point of Order that H. 3646 should be placed on the statewide uncontested calendar.

SPEAKER WILKINS stated that the Bill was already on the statewide uncontested calendar and he therefore overruled the Point of Order.

Rep. MCMAHAND moved to adjourn debate on the Bill until Tuesday, March 30, which was agreed to.

H. 3153 -- RECOMMITTED

The following Bill was taken up:

H. 3153 (Word version) -- Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Hinson, Govan, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales, Knotts, Rice, Riser and Robinson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.

Rep. HARRISON moved to recommit the Bill, which was agreed to.


Printed Page 1575 . . . . . Wednesday, March 24, 1999

H. 3276 -- DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Thursday, March 25, which was adopted:

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham and Robinson: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

S. 448 -- RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. H. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

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


Printed Page 1576 . . . . . Wednesday, March 24, 1999

ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.

S. 80 -- RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.

H. 3671 -- RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. FLEMING, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3671 (Word version) -- Reps. Fleming, Bales, Cato, Hayes, Koon, Limehouse, Littlejohn, Mason, Rhoad, Riser, Sandifer, R. Smith, Stille and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 17 SO AS


Printed Page 1577 . . . . . Wednesday, March 24, 1999

TO PROVIDE PROCEDURES TO CONDUCT WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS AND TO PROVIDE PENALTIES FOR VIOLATION OF THESE PROCEDURES.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 3677 -- DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. ROBINSON moved to adjourn debate on the Joint Resolution until Tuesday, April 6.
Rep. SCOTT moved to table the motion.

Rep. ROBINSON demanded the yeas and nays, which were taken, resulting as follows:

Yeas 26; Nays 65

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Breeland               Carnell                Cobb-Hunter
Gourdine               Hayes                  Hines J.
Hines M.               Howard                 Lee
Lloyd                  Lourie                 Mack
McLeod W.              Ott                    Parks
Pinckney               Scott                  Sheheen
Smith J.               Stille                 Stuart
Whipper                Wilder

Total--26


Printed Page 1578 . . . . . Wednesday, March 24, 1999

Those who voted in the negative are:
Allen                  Allison                Altman
Barfield               Barrett                Battle
Beck                   Bowers                 Brown H.
Brown J.               Campsen                Cato
Chellis                Dantzler               Davenport
Delleney               Edge                   Emory
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hawkins                Hinson
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Loftis                 Lucas
Martin                 Mason                  McCraw
McKay                  Meacham                Moody-Lawrence
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith D.
Smith R.               Taylor                 Townsend
Trotter                Vaughn                 Webb
Whatley                Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--65

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, April 6, which was agreed to.

H. 3158 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith,


Printed Page 1579 . . . . . Wednesday, March 24, 1999

McMahand, Mack, Maddox, Riser, Simrill, Sandifer and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

Rep. CAMPSEN proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, by inserting Section 1-32-45 to read:
/ Section 1-32-45. (A) For purposes of this chapter, a state or local correctional facility's regulation shall be deemed "in furtherance of a compelling state interest" if the facility demonstrates that:

(1)   the religious activity sought to be engaged in by a prisoner is presumptively dangerous to the health or safety of that prisoner;

(2)   the religious activity poses a direct threat to the health, safety, or security of other prisoners, correctional officials, or the public;or

(3)   the religious activity requires the correctional facility to expend excessive public funds.

(B)   A state or local correctional facility regulation may not be deemed the "least restrictive means" of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional officials, or the public./

Rep. CAMPSEN explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.


Printed Page 1580 . . . . . Wednesday, March 24, 1999

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 90; Nays 2

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bales                  Barfield               Barrett
Battle                 Bauer                  Beck
Bowers                 Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harvin
Haskins                Hayes                  Hines J.
Hines M.               Hinson                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Ott                    Parks
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Simrill                Smith D.
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Trotter                Vaughn                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--90


Printed Page 1581 . . . . . Wednesday, March 24, 1999

Those who voted in the negative are:
Lloyd                  Pinckney

Total--2

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3379 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1999" INCLUDING PROVISIONS TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES APPOINTED AFTER JANUARY 1, 2000, MUST HAVE, AT THE TIME OF APPOINTMENT, A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT MAGISTRATES APPOINTED AFTER JANAURY 1, 2000, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND MUST PRESENT CERTIFIED PROOF TO THE SOUTH CAROLINA COURT ADMINISTRATION AND TO PROVIDE THAT MAGISTRATES SERVING ON JANUARY 1, 2000, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 DURING


Printed Page 1582 . . . . . Wednesday, March 24, 1999

THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO RAISE THE JURISDICTIONAL AMOUNT TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE COLLECTION OF FEES AND COSTS BY MAGISTRATES, SO AS TO INCREASE CERTAIN FEES; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO THE DISMISSAL OF FRAUDULENT CHECK CASES FOR CERTAIN REASONS, SO AS TO INCREASE THE ADMINISTRATIVE COSTS; TO AMEND SECTION 34-11-90, RELATING TO THE PUNISHMENT IN FRAUDULENT CHECK CASES, SO AS TO INCREASE THE COURT COSTS; AND TO REQUEST THE

Printed Page 1583 . . . . . Wednesday, March 24, 1999

SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9072SOM99), which was adopted.
Amend the bill, as and if amended, Section 22-8-40(F)page 10, line 38, by adding at the end:
/ However, a part-time magistrate may not work more than forty hours a week, unless the chief magistrate determines there are emergency circumstances. / So that when amended, Section 22-8-40(F) reads:

/(D)(F)   Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body and upon the recommendation of the chief magistrate. However, a part-time magistrate may not work more than forty hours a week, unless the chief magistrate determines there are emergency circumstances. /
Amend the bill further, Section 22-8-40(G), page 11, line 12, by adding at the end:
/ A magistrate must be paid the supplement only for the period of time he serves as chief magistrate. / So that when amended, Section 22-8-40(G) reads:

/ (F)(G)   A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. In counties with more than one full-time magistrate, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by the South Carolina Court Administration. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A magistrate must be paid the supplement only for the period of time he serves as chief magistrate./
Amend title to conform.


Printed Page 1584 . . . . . Wednesday, March 24, 1999

Rep. COTTY explained the amendment.
The amendment was then adopted.

Rep. DAVENPORT proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9086SOM99), which was adopted.
Amend the bill, as and if amended, SECTION 11, by striking Section 22-8-40(A)(2), beginning on page 8, line 5, and inserting:

/ (2)   The South Carolina Court Administration must review and approve each county's designation of full-time and part-time magistrates. With the approval of the South Carolina Court Administration, a magistrate and the appropriate county governing body may contract with a municipality to preside over its court in the manner provided by law. /
Amend the bill further, as and if amended, by striking Section 22-8-40(J)(K), beginning on page 11, lines 23-25 and inserting:

/ (J)(K)   No A county may not pay a magistrate a salary lower than the salary established for that county by the provisions of subsection (B) of this section. Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county. /
Amend title to conform.

Rep. DAVENPORT explained the amendment.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\1337DW99), which was adopted.
Amend the bill, as and if amended, page 4, line 14, by inserting after /degree/ / or a two-year associate degree from a college, university, or state technical college /.
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SEITHEL a temporary leave of absence.


Printed Page 1585 . . . . . Wednesday, March 24, 1999

Rep. COTTY spoke against the amendment.
Rep. COTTY spoke against the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. F. SMITH spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:

Yeas 23; Nays 80

Those who voted in the affirmative are:

Allen                  Barfield               Beck
Campsen                Chellis                Cotty
Edge                   Fleming                Harrell
Harrison               Keegan                 Lourie
Maddox                 McGee                  McKay
Sandifer               Sharpe                 Smith D.
Smith J.               Smith R.               Stuart
Wilkins                Witherspoon

Total--23

Those who voted in the negative are:

Allison                Askins                 Bailey
Bales                  Barrett                Battle
Bauer                  Bowers                 Breeland
Brown G.               Brown H.               Carnell
Cato                   Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Emory                  Gamble
Gilham                 Gourdine               Hamilton
Harris                 Haskins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Jennings               Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Lloyd                  Loftis
Lucas                  Mack                   Martin
McCraw                 McLeod M.              McLeod W.
McMahand               Meacham                Miller

Printed Page 1586 . . . . . Wednesday, March 24, 1999

Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Scott                  Sheheen
Simrill                Smith F.               Stille
Taylor                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Woodrum

Total--80

So, the House refused to table the amendment.

Rep. FLEMING spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. COTTY demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 68 to 21.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\AMEND\1335DW99), which was tabled.
Amend the bill, as and if amended, page 12, line 15, by striking /twenty/ and inserting /fifteen/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:

Yeas 65; Nays 43


Printed Page 1587 . . . . . Wednesday, March 24, 1999

Those who voted in the affirmative are:
Allen                  Altman                 Askins
Barrett                Bauer                  Beck
Brown H.               Brown J.               Campsen
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Emory                  Fleming                Gilham
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hines M.               Hinson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Lanford                Law                    Leach
Limehouse              Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McMahand               Neilson
Ott                    Pinckney               Quinn
Rodgers                Sandifer               Sharpe
Smith D.               Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Whatley                Whipper                Wilkins
Woodrum                Young-Brickell

Total--65

Those who voted in the negative are:

Bailey                 Bales                  Barfield
Battle                 Bowers                 Carnell
Cato                   Davenport              Delleney
Gamble                 Gourdine               Govan
Haskins                Hayes                  Hines J.
Howard                 Kirsh                  Koon
Littlejohn             Lloyd                  Loftis
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neal
Parks                  Phillips               Rhoad
Rice                   Riser                  Robinson
Scott                  Sheheen                Simrill


Printed Page 1588 . . . . . Wednesday, March 24, 1999

Stille                 Townsend               Trotter
Vaughn                 Webb                   Wilder
Witherspoon

Total--43

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1336DW99), which was rejected.
Amend the bill, as and if amended, page 12, line 38; and page 13 lines 6, 19, and 26 by striking /forty-one/ and inserting /twenty-five/.
Amend title to conform.

Rep. KIRSH explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. COTTY moved to table the amendment.

Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:

Yeas 35; Nays 70

Those who voted in the affirmative are:

Allison                Bauer                  Beck
Campsen                Canty                  Cotty
Dantzler               Emory                  Fleming
Gilham                 Harrell                Harris
Harrison               Keegan                 Kelley
Klauber                Knotts                 Lanford
Lourie                 Lucas                  Martin
Mason                  McGee                  McKay
Rodgers                Smith D.               Smith J.
Smith R.               Stuart                 Taylor
Walker                 Webb                   Whipper
Wilkins                Woodrum

Total--35


Printed Page 1589 . . . . . Wednesday, March 24, 1999

Those who voted in the negative are:
Allen                  Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Brown G.               Brown H.               Brown J.
Carnell                Cato                   Chellis
Cobb-Hunter            Davenport              Delleney
Gamble                 Gourdine               Govan
Hamilton               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Kirsh
Koon                   Law                    Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   McCraw
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Quinn                  Rhoad
Rice                   Robinson               Sandifer
Scott                  Sheheen                Simrill
Smith F.               Stille                 Townsend
Trotter                Vaughn                 Whatley
Wilder                 Wilkes                 Witherspoon
Young-Brickell

Total--70

So, the House refused to table the amendment.

Rep. HARRISON spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. HARRISON demanded the yeas and nays, which were taken, resulting as follows:

Yeas 19; Nays 90

Those who voted in the affirmative are:

Bales                  Bowers                 Canty
Carnell                Cato                   Davenport

Printed Page 1590 . . . . . Wednesday, March 24, 1999

Gamble                 Haskins                Kirsh
McLeod W.              Meacham                Miller
Rhoad                  Rice                   Robinson
Sheheen                Vaughn                 Witherspoon
Young-Brickell

Total--19

Those who voted in the negative are:

Allen                  Allison                Altman
Askins                 Barfield               Barrett
Battle                 Bauer                  Beck
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Delleney               Edge
Emory                  Fleming                Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McMahand               Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Quinn
Rodgers                Sandifer               Scott
Sharpe                 Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Woodrum

Total--90


Printed Page 1591 . . . . . Wednesday, March 24, 1999

So, the amendment was rejected.

Reps. COTTY, HARRISON and DELLENEY proposed the following Amendment No. 6 (Doc Name \GGS\22247SOM99), which was adopted.
Amend the bill, as and if amended, Section 11, by striking, lines 40 through 43 on page 8 and lines 1 through 2 on page 9 and inserting:
/ Census, the base salary is twenty-two thousand dollars Magistrates shall receive an annual pay increase based on the percentage increase received annually by circuit court judges. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

Rep. SHEHEEN spoke against the Bill.
Rep. F. SMITH spoke in favor of the Bill.
Rep. WHIPPER spoke in favor of the Bill.
Rep. HARRISON spoke in favor of the Bill.

POINT OF ORDER

Rep. ROBINSON raised a Point of Order that the Bill required a two-thirds vote pursuant to Code Section 4-9-55.
SPEAKER WILKINS stated that it did not require a two-thirds vote under Code Section 4-9-55(A)(2) and he therefore overruled the Point of Order.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 105; Nays 6

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Breeland
Brown G.               Brown H.               Brown J.

Printed Page 1592 . . . . . Wednesday, March 24, 1999

Campsen                Canty                  Carnell
Cato                   Chellis                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--105

Those who voted in the negative are:

Bowers                 Kirsh                  McLeod M.
Robinson               Sheheen                Vaughn

Total--6


Printed Page 1593 . . . . . Wednesday, March 24, 1999

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the chamber but would have voted in favor of the Bill.

Rep. WILLIAM CLYBURN

STATEMENT FOR THE JOURNAL
H. 3379 (Word version)

I voted against H. 3379 because I object to the mandated pay change and fee increases. I do agree that we need to improve the magistrate system by upgrading the qualifications of magistrates and increasing their jurisdiction. However, I am troubled by the pay and fee mandates.

Rep. ALFRED B. ROBINSON, JR.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3772 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO COMMEND THE LUGOFF-ELGIN "DEMONS" HIGH SCHOOL WRESTLING TEAM, ITS COACHES, AND STAFF ON WINNING THE 1999 STATE CLASS AAA WRESTLING CHAMPIONSHIP, ITS THIRD CONSECUTIVE STATE CHAMPIONSHIP.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3773 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING LONNIE B. NELSON ELEMENTARY SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1594 . . . . . Wednesday, March 24, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3774 (Word version) -- Reps. Pinckney and Inabinett: A CONCURRENT RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. WILLIAM SEABROOK, SR., ON THE OCCASION OF HIS NINTY-FIFTH BIRTHDAY ON MARCH 31, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3775 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Breeland, J. Brown, Dantzler, Edge, Gilham, Gourdine, Harris, Harrison, Harvin, Hayes, Jennings, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, Mack, McGee, McKay, M. McLeod, Miller, Ott, Parks, Phillips, Pinckney, Riser, Rodgers, Sandifer, Scott, Sharpe, F. Smith, R. Smith and Witherspoon: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3776 (Word version) -- Reps. Miller, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham,


Printed Page 1595 . . . . . Wednesday, March 24, 1999

Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO COMMEND RETIRING GEORGETOWN COUNTY COUNCILMAN BILL NICHOLS FOR TWELVE YEARS OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE AS MEMBER AND CHAIRMAN OF THE GEORGETOWN COUNTY COUNCIL, TO CONGRATULATE HIM FOR A JOB WELL DONE, AND WISH HIM WELL ON THE OCCASION OF HIS RETIREMENT FROM PUBLIC SERVICE ON THE GEORGETOWN COUNTY COUNCIL.
The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
On motion of Rep. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3778 (Word version) -- Reps. Vaughn, Koon and Kelley: A BILL TO AMEND ARTICLE 5, CHAPTER 79, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO ELIMINATE THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND AND ESTABLISH THE FUND WITHIN THE DEPARTMENT OF INSURANCE UNDER THE EXECUTIVE AUTHORITY OF THAT DEPARTMENT'S DIRECTOR.
Referred to Committee on Labor, Commerce and Industry


Printed Page 1596 . . . . . Wednesday, March 24, 1999

H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
Referred to Committee on Labor, Commerce and Industry

H. 3780 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC PLANS AND ACTIONS FOR STUDENTS LACKING SKILLS TO PERFORM AT THEIR CURRENT GRADE LEVEL, SO AS TO FURTHER PROVIDE FOR THESE ACADEMIC PLANS AND ACTIONS AUTHORIZED TO BE TAKEN INCLUDING A REQUIREMENT THAT THE STUDENTS ATTEND A COMPREHENSIVE REMEDIATION PROGRAM AND FURTHER REQUIREMENTS IN REGARD TO THE PROMOTION OR RETENTION OF THESE STUDENTS.
Referred to Committee on Education and Public Works

H. 3781 (Word version) -- Reps. Knotts, Koon, Simrill, Bowers, Clyburn, Davenport, Gourdine, Hawkins, Lucas, McCraw, McGee, McMahand, Phillips, Riser, Stille and Townsend: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF EMPLOYER-PAID OBLIGATIONS OF AN EMPLOYEE TO ESTABLISH SERVICE CREDIT IN THE VARIOUS STATE RETIREMENT SYSTEMS.
Referred to Committee on Ways and Means

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harris, Harrison, Harrell, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY


Printed Page 1597 . . . . . Wednesday, March 24, 1999

AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Referred to Committee on Ways and Means


Printed Page 1598 . . . . . Wednesday, March 24, 1999

H. 3783 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

Rep. LAW moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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".

H. 3761 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THOMAS SIDNEY BASS, HEAD FOOTBALL COACH OF SENECA HIGH SCHOOL ON THE OCCASION OF HIS RETIREMENT AND ON BEING NAMED THE 1999 RECIPIENT OF THE DISTINGUISHED COACH AWARD FROM THE SOUTH CAROLINA FOOTBALL COACHES ASSOCIATION.

H. 3763 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille,


Printed Page 1599 . . . . . Wednesday, March 24, 1999

Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING REVEREND JOHN C. WILLIAMS OF RICHLAND COUNTY ON THE OBSERVANCE OF HIS TENTH ANNIVERSARY AS PASTOR OF MACEDONIA BAPTIST CHURCH, AND COMMENDING HIM FOR HIS MANY YEARS OF HUMANITARIAN SERVICE THROUGHOUT THE STATE OF SOUTH CAROLINA.

H. 3771 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL, IN AIKEN COUNTY, UPON WINNING THE CLASS 2AA STATE MARCHING BAND CHAMPIONSHIP FOR THE SECOND YEAR IN SUCCESSION.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Nellie Lister of Spartanburg, to meet at 10:00 A.M. tomorrow.

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