WEDNESDAY, FEBRUARY 17, 1999

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:

Eternal God, the answer to our deepest longings and the source of our loftiest aspirations, and Who alone can lift our minds and hearts out of the darkest fears, keep us in the light and liberty of Your ever unfailing presence and peace. We humbly confess that in the hurry and rush of life we frequently forget You and yield to worry and anxiety. Give us courage for hard tasks, and direction when we find ourselves in the valley of uncertainty. May we never doubt Your greatness and goodness, but cling to You with unwavering faith and unending confidence. To You, Lord, we give our praise and glory. 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.

MOTION ADOPTED

Rep. RICE moved that when the House adjourns, it adjourn in memory of Milton I. "Mac" McMahan, Jr., which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., February 16, 1999

Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to S. 381:

S. 381 Senator Rankin: A CONCURRENT RESOLUTION TO HONOR THE GROWING SUCCESS AND WORTHWHILE EFFORTS OF AN OUTSTANDING MUSEUM IN MYRTLE

BEACH BY RECOGNIZING IT AS THE CHILDREN’S MUSEUM OF SOUTH CAROLINA IN MYRTLE BEACH.

Very respectfully,

President

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2316

Agency: State Law Enforcement Division

Statutory Authority: 1976 Code Sections 233600 through 233690

State DNA Database

Received by Speaker of the House of Representatives February 16, 1999

Referred to House Committee on Judiciary

Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)

Document No. 2376

Agency: Budget and Control Board

Statutory Authority: 1976 Code Section 234710, et seq.

Commercial Mobile Radio System Surcharge

Received by Speaker of the House of Representatives February 16, 1999

Referred to House Committee on Labor, Commerce and Industry

Legislative Review Expiration June 16, 1999 (Subject to Sine Die Revision)

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2336

Agency: Department of Revenue

Statutory Authority: 1976 Code Section 124320

Hospitality Cabinets

Received by Speaker of the House of Representatives January 12, 1999

Referred to House Committee on Judiciary

Legislative Review Expiration May 24, 1999 (REVISED)

19990204House Judiciary Committee Requested Withdrawal

120 Day period tolled

19990217Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3146 Reps. CobbHunter and MoodyLawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 431205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3169 Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4429260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3186 Rep. Harrell: A BILL TO AMEND SECTION 4047160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3079 Reps. Sharpe and Emory: A BILL TO AMEND SECTION 2331320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3301 Reps. Beck and Mason: A BILL TO AMEND SECTION 2071800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3337 Rep. Harrison: A BILL TO AMEND SECTION 123510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3056 Rep. Kirsh: A BILL TO AMEND SECTION 222130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Ordered for consideration tomorrow.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3489 Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY ‘BILLY’ JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.

H. 3489 ADOPTED AND SENT TO THE SENATE

On motion of Rep. R. SMITH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

H. 3489 Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Sheheen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 421 CROSSING THE RAILROAD TRACKS IN THE TOWN OF BATH THE "WILLIAM HENRY ‘BILLY’ JONES BRIDGE" AND TO ERECT APPROPRIATE MARKERS.

Whereas, William Henry “Billy” Jones was born April 18, 1932, at Bath, the son of Henry and Ruby Jennings Jones, and attended L.B.C. High School and, on August 30, 1951, married Sara Edna Vermillion; and, a devoted family man, they have three children, Susan Jones Huckabee, William Calvin Jones, and Gary Robert Jones; and

Whereas, his interest in his fellow man led him to become active in public service including, but not limited to, service as: South Carolina Democratic Party Executive Committeeman; Commissioner, Valley Public Service Authority; Treasurer, Midland Valley Merchants and Professional Association; a former member of the L.B.C. Jaycees; a member of the American Legion Post 153; a member of Bath Lodge No. 263 of the Ancient Free Masons; a member of Clearwater First Baptist Church; and, military service in the United States Army; and

Whereas, William Henry “Billy” Jones was elected to the South Carolina House of Representatives, representing District No. 84, Aiken County, and ably served his constituency in that capacity from 1981 until 1988 with great distinction; and

Whereas, William Henry “Billy” Jones exhibited strong devotion to his duties as a leader and in his friendship with fellow legislators; he was in the forefront on numerous issues being debated by his colleagues, and his insight, wisdom, knowledge of the practical aspects of life, and common sense always proved invaluable in helping to shape and define the issues; and, he has always worked hard to do what was best for his constituents and for South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name the bridge on Highway 421 crossing the railroad tracks in the town of Bath the “William Henry ‘Billy’ Jones Bridge” and to erect appropriate markers.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and to the Honorable William Henry “Billy” Jones.

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

HOUSE RESOLUTION

The following was introduced:

H. 3537 Rep. Davenport: A HOUSE RESOLUTION COMMENDING DR. GILBERT HUNT, PROFESSOR OF EDUCATION AT COASTAL CAROLINA UNIVERSITY, FOR HIS OUTSTANDING TEACHING AND THE GREAT IMPACT HE IS HAVING ON THE LIVES AND CAREERS OF HIS STUDENTS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3538 Rep. H. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE HARRY W. MILEY, JR., PH.D., FOR HIS DISTINGUISHED SERVICE AS

CHAIRMAN OF THE SOUTH CAROLINA BOARD OF ECONOMIC ADVISORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 252 Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.

The Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 497 Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING CLARENCE L. "ROCKY" BYARS OF GAFFNEY UPON HIS RETIREMENT AS VETERANS AFFAIRS OFFICER FOR CHEROKEE COUNTY, AND EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR HIS TWENTYTWO YEARS OF SERVICE TO THE CITIZENS OF THIS STATE IN THE AREA OF VETERANS AFFAIRS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

The following was introduced:

H. 3539 Rep. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 2, 1999.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 2, 1999.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3540 Reps. J. Brown, Scott, Howard and Mack: A BILL TO AMEND CHAPTER 24 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS, SO AS TO ENACT THE MENTALLY ILL DEFENDANT ACT WHICH INCLUDES PROVISIONS TO REVISE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP A MENTALLY ILL DEFENDANT PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM; TO AMEND ARTICLE 5 OF CHAPTER 23 OF TITLE 44, RELATING TO FITNESS TO STAND TRIAL, SO AS TO REVISE PROCEDURAL SAFEGUARDS AND PROVIDE A PROCEDURE FOR PERSONS COMMITTED TO APPLY FOR CONDITIONAL RELEASE AND REQUIRE THE MENTALLY ILL DEFENDANT PROGRAM TO MONITOR RELEASED PERSONS; TO AMEND SECTION 449100, AS AMENDED, RELATING TO POWERS OF THE DEPARTMENT OF MENTAL HEATH, SO AS TO INCLUDE THE AUTHORITY TO PROMULGATE REGULATIONS RELATIVE TO CHAPTER 28, TITLE 17 AND ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 441330, RELATING TO THE DEPARTMENT OF MENTAL HEALTH TRANSFERRING NONRESIDENT PATIENTS TO THEIR STATE OF RESIDENCY, SO AS TO PROVIDE THAT THIS DOES NOT APPLY TO PATIENTS COMMITTED PURSUANT TO CHAPTER 24 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 4422100, AS AMENDED, RELATING TO EXCEPTIONS TO THE CONFIDENTIALITY OF RECORDS MAINTAINED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO INCLUDE RECORDS RELATIVE TO THE PROVISIONS OF CHAPTER 23 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44 IF DISCLOSURE IS NECESSARY TO CARRY OUT THOSE PROVISIONS; AND TO AMEND SECTION 4423210, AS AMENDED, RELATING TO TRANSFERRING PATIENTS BETWEEN MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO PERSONS COMMITTED PURSUANT TO THE MENTALLY ILL DEFENDANT PROGRAM.

Referred to Committee on Judiciary

H. 3541 Reps. Clyburn, Gourdine, J. Hines, Howard, Mack and Neal: A BILL TO AMEND SECTION 421760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, THE AWARD PROCEDURE, CONCLUSIVENESS OF THE AWARD, APPEAL, AND PAYMENT OF WORKERS' COMPENSATION DURING APPEAL, SO AS TO REQUIRE THE APPELLANT TO GIVE NOTICE TO THE WORKERS' COMPENSATION COMMISSION, WITHIN THE STATUTORY TIME LIMITS, OF ANY NOTICES OF APPEAL, ACTIONS TAKEN, OR ORDERS ISSUED BY ANY CIRCUIT COURT, THE COURT OF APPEALS, OR THE SUPREME COURT.

Referred to Committee on Labor, Commerce and Industry

H. 3542 Reps. Clyburn and J. Hines: A BILL TO AMEND SECTION 421380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S WAIVER OF THE EXEMPTION FROM THE MANDATORY PROVISIONS OF TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PERMIT COMING IN UNDER TITLE 42 BY PURCHASING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELFINSURANCE PROGRAM.

Referred to Committee on Labor, Commerce and Industry

H. 3543 Reps. Clyburn, Howard, Gourdine, J. Hines, Mack and Neal: A BILL TO AMEND SECTION 421390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S WITHDRAWAL OF THE WAIVER OF EXEMPTION FROM TITLE 42, THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT SUCH AN EMPLOYER MAY GIVE NOTICE OF THE WITHDRAWAL TO THE WORKERS' COMPENSATION COMMISSION BY CANCELING ITS WORKERS' COMPENSATION INSURANCE OR SELFINSURANCE PRIVILEGES.

Referred to Committee on Labor, Commerce and Industry

H. 3544 Reps. Clyburn, Howard, J. Hines, Gourdine, Mack and Neal: A BILL TO AMEND SECTION 421930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW AND THE PENALTY FOR FAILURE TO MAKE REQUIRED REPORTS, SO AS TO CHANGE THE APPLICABLE PENALTY.

Referred to Committee on Labor, Commerce and Industry

H. 3545 Reps. Clyburn, Howard, J. Hines, Mack and Neal: A BILL TO AMEND SECTION 429390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS' COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF CONSUMMATION.

Referred to Committee on Labor, Commerce and Industry

H. 3546 Reps. Clyburn, Howard, Mack and Neal: A BILL TO AMEND SECTION 429270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION, NOTICE OF FINAL PAYMENT, AND THE PENALTY FOR FAILING TO GIVE THE REQUIRED NOTICE, SO AS TO CHANGE THE PENALTY WHICH MAY BE IMPOSED FOR THE FAILURE TO GIVE NOTICE.

Referred to Committee on Labor, Commerce and Industry

H. 3547 Rep. Davenport: A BILL TO AMEND SECTION 341170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTYFIVE TO THIRTY DOLLARS.

Referred to Committee on Judiciary

H. 3548 Reps. Sharpe, Riser, Allen, Carnell, Cato, Davenport, Emory, Gilham, Hamilton, Inabinett, McGee, Robinson, Rodgers, Sandifer, Sheheen and Simrill: A BILL TO AMEND SECTION 1237250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO PROVIDE FOR THE TRANSFER OF THE HOMESTEAD EXEMPTION WHEN A QUALIFIED TAXPAYER WHO HAS BEEN RECEIVING THE EXEMPTION IN THE COUNTY OF HIS LEGAL RESIDENCE CHANGES HIS LEGAL RESIDENCE TO ANOTHER COUNTY DURING THE TAX YEAR AND GIVES NOTICE OF THE TRANSFER BY SEPTEMBER FIFTEENTH OF THAT TAX YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR'S OFFICE DETERMINE THAT THE REQUIREMENTS FOR THE TRANSFER OF THE EXEMPTION ARE SATISFIED.

Referred to Committee on Ways and Means

H. 3549 Reps. Sharpe, Inabinett, Law, Riser, Davenport and Witherspoon: A BILL TO AMEND SECTION 12601760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A COUNTY MUST PAY REASONABLE ATTORNEY'S FEES, EXPENSES, DAMAGES, AND COSTS RESULTING FROM DEFENDING AN ACTION BROUGHT AGAINST A COUNTY OFFICER FOR PERFORMING A DUTY IMPOSED ON HIM BY TITLE 12 IF THE PLAINTIFF PREVAILS IN THE ACTION AND IT AFFECTS THE INTEREST OF THE COUNTY, SO AS TO DELETE THE REQUIREMENT THAT THE DUTY WAS IMPOSED BY TITLE 12 AND SUBSTITUTE THAT THE DUTY WAS IMPOSED BY LAW AND DELETE THE REQUIREMENT THAT THE PLAINTIFF MUST PREVAIL AND IT MUST AFFECT THE INTEREST OF THE COUNTY.