South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

THURSDAY, APRIL 2, 1998

Thursday, April 2, 1998
(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, we thank You for the loveliness which is unveiled when dawn gilds the skies, for the chorus of the birds, for unfolding flowers that make the earth fragrant and beautiful. And just as nature awakes to the warm sunshine and refreshing showers, so in response to Your beckoning may there stir within us a desire for righteousness and goodness. When we are afraid or worried, help us to feel Your presence and Your power. Be our constant companion that even while we are pilgrims of the night, we may be heralds of the morning.

Thank You, Lord, for this privilege of prayer. 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. KNOTTS moved that when the House adjourns, it adjourn in memory of Courtney LaRaine Koon of Lexington, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 2210
Promulgated By Budget and Control Board
Statutory Authority: 1976 Code Section 11-35-3910
Surplus Property Management
Received By Speaker April 1, 1998
Referred to House Committee on Ways and Means
120 Day Review Expiration Date July 30, 1998
(Subject to Sine Die Revision)

REPORTS OF STANDING COMMITTEES

Rep. LIMEHOUSE, from the Charleston Delegation, submitted a favorable report, on:

S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: A BILL TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.

Ordered for consideration tomorrow.

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

H. 4463 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT A PERSON WHO FALSELY REPORTS THE EXISTENCE OF A CREDIT CARD ACCOUNT OR DEBT TO A CREDIT REPORTING AGENCY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4940 -- Reps. Davenport and Lee: A BILL TO AMEND ACT 773 OF 1973 RELATING TO THE CREATION, POWERS, AND DUTIES OF THE SPARTANBURG GENERAL HOSPITAL BOARD OF TRUSTEES, SO AS TO REQUIRE THAT AT LEAST TWENTY-FIVE PERCENT OF THE MEMBERSHIP OF THE GOVERNING BOARD OF ANY SUBSIDIARY, AFFILIATE, OR CORPORATION OWNED, MANAGED, OR OPERATED BY THE BOARD OF TRUSTEES MUST BE APPOINTED BY THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION.

Referred to Spartanburg Delegation.

H. 4941 -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 9, 1998, MISSED BY THE STUDENTS OF UNION HIGH SCHOOL OF THE SCHOOL DISTRICT OF UNION COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IN UNION COUNTY THAT SERVES UNION HIGH SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. FLEMING, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.

Referred to Committee on Judiciary.

H. 4943 -- Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.

Referred to Committee on Judiciary.

H. 4944 -- Rep. Felder: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC AID AND ASSISTANCE, BY ADDING SECTION 43-5-260, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO OPERATE A CENTRALIZED COLLECTION AND DISBURSEMENT SYSTEM FOR ALL CHILD SUPPORT CASES IN WHICH FEDERAL LAW REQUIRES SUCH A SYSTEM.

Referred to Committee on Judiciary.

H. 4945 -- Rep. Felder: A BILL TO AMEND SECTION 44-56-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, FEES, REPORTS, AND ADMINISTRATION OF THE FUND, SO AS TO FURTHER CLARIFY THE DEFINITION OF "INCINERATION OF HAZARDOUS WASTE" FOR THE PURPOSE OF ASSESSING A FEE TO BE CREDITED TO THE FUND.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4946 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-17-161 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BEAR THE COSTS OF THE S.W.A.B. TEST INSPECTION REQUIRED OF MEAT PACKING COMPANIES BY THE FEDERAL GOVERNMENT.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4947 -- Reps. Pinckney, Mullen and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-143 SO AS TO CREATE A NO-WAKE ZONE ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4948 -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF EDUCATION TO CREATE A TASK FORCE TO DEVELOP A DOCUMENT CONTAINING A "DECLARATION OF PRINCIPLES FOR DAILY LIVING", TO PROVIDE FOR THE COMPOSITION OF THE TASK FORCE, TO REQUIRE THAT THE DOCUMENT BE SUBMITTED TO THE GENERAL ASSEMBLY FOR APPROVAL AND THAT SUBSEQUENT TO APPROVAL, IT BE DISTRIBUTED BY THE DEPARTMENT TO SCHOOL DISTRICTS WHERE IT MUST BE POSTED IN EACH CLASSROOM.

Referred to Committee on Education and Public Works.

H. 4949 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.

Without reference.

H. 4950 -- Reps. Young, Woodrum, Hamilton and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL APPLICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, AS AMENDED, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

Referred to Committee on Judiciary.

H. 4951 -- Reps. Vaughn and Allison: 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 DIVIDED MUNICIPALITY SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A ONE PERCENT SALES AND USE TAX IN A MUNICIPALITY LOCATED IN MORE THAN ONE COUNTY, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REDUCE MUNICIPAL PROPERTY TAXES AND FOR MUNICIPAL GOVERNMENT PURPOSES.

Referred to Committee on Ways and Means.

H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.

Referred to Committee on Judiciary.

H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

On motion of Rep. SHEHEEN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4954 -- Rep. McLeod: A BILL TO AMEND SECTION 56-15-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEALER AND WHOLESALER LICENSES, SO AS TO ALLOW TEMPORARY DEALER LICENSES TO BE ISSUED TO CERTAIN OUT-OF-STATE MOTOR HOME DEALERS AND TO PROVIDE A FEE FOR THE TEMPORARY LICENSES.

Referred to Committee on Education and Public Works.

H. 4955 -- Rep. Bowers: A BILL TO AMEND ARTICLE 7, CHAPTER 73, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE AND SURETY RATES, RATE-MAKING ORGANIZATIONS, AND THE STATE RATING AND STATISTICAL DIVISION, BY ADDING SECTION 38-73-765 SO AS TO PROVIDE THAT NO DRIVER WHO HAS BEEN GRANTED A SAFE DRIVER DISCOUNT SHALL FORFEIT THAT DISCOUNT FOR UP TO FOUR MERIT RATING POINTS FOR AUTOMOBILE INSURANCE PURPOSES.

Referred to Committee on Labor, Commerce and Industry.

S. 1055 -- Senators Drummond, Bryan, Lander, Courson, J. Verne Smith, Elliott, Mescher, O'Dell, Ford, Reese, Short and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.

Referred to Committee on Ways and Means.

S. 1059 -- Senators Saleeby and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Canty
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Davenport
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMahand               Meacham
Miller                 Mullen                 Neilson
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Walker                 Webb                   Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 2.

Michael S. Whatley                Jennings G. McAbee
Kenneth Kennedy                   Bessie Moody-Lawrence
John G. Felder                    Theodore A. Brown
F.G. Delleney, Jr.                Daniel L. Tripp
Joe McMaster                      Jackson S. Whipper
Bill Cotty                        Joseph H. Neal
Lynn Seithel
Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. David Gatti of West Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CHELLIS, YOUNG-BRICKELL and BAILEY presented to the House the Summerville High School "Green Wave" Wrestling Team, 1998 Region 6-AAAA State Champions, their coaches and school officials.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4912 -- Reps. Baxley, Neilson and J. Hines: A BILL TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.

H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.

ORDERED TO THIRD READING

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

H. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.

S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.

Rep. WITHERSPOON explained the Bill.

S. 472 -- Senators Land and Wilson: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.

Rep. LAW explained the Bill.

H. 4775 -- Rep. Wilkins: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.

Rep. KLAUBER explained the Bill.

H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: A BILL TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.

Rep. KLAUBER explained the Bill.

H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.

Rep. CROMER explained the Bill.

H. 4928 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO OPERATING A FACILITY WITHOUT A LICENSE; REINSTATEMENT OF LAPSED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LAW explained the Joint Resolution.

H. 4932--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KINON, with unanimous consent, it was ordered that H. 4932 be read the third time tomorrow.

S. 1003--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 1003 be read the third time tomorrow.

S. 472--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW, with unanimous consent, it was ordered that S. 472 be read the third time tomorrow.

H. 4775--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4775 be read the third time tomorrow.

H. 4787--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4787 be read the third time tomorrow.

H. 4824--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 4824 be read the third time tomorrow.

H. 4928--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW, with unanimous consent, it was ordered that H. 4928 be read the third time tomorrow.

H. 4799--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21409SD.98), which was adopted.

Amend the bill, as and if amended, in Section 50-17-1010(5) of the 1976 Code, as contained in SECTION 1, by striking /one-half/ on line 31 and on line 32, page 1, and inserting /one-fourth/. When amended item (5) shall read:

"(5)     All that area bounded by a closed line beginning at the point on the southwestern end of Seabrook Island where the inshore trawl boundary crossing North Edisto River Inlet intersects the shoreline, thence following the shoreline of Seabrook Island and crossing Captain Sams Inlet; thence following the shoreline of Kiawah Island to the easternmost point of Kiawah Island (Sandy Point) at latitude 32 37.18' N, longitude 079 59.65' W; thence southerly following a straight line on a geodetic azimuth of 180 degrees, to the point one-fourth nautical mile seaward from the shoreline; thence southwesterly following a line that is one-fourth nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary, thence easterly following the inshore trawl boundary to the point of beginning; the above-described area being based on NOS chart 11521 (22nd edition, January 20, 1996)."

Amend further, as and if amended by striking /one-half/ in the title, on line 14, page 1, and inserting /one-fourth/. When amended the title shall read:

/TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

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

H. 4799--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4799 be read the third time tomorrow.

H. 4655--POINT OF ORDER

The following Bill was taken up.

H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7323AC.98).

Amend the bill, as and if amended, SECTION 1 of the bill by deleting Section 44-96-50(D) beginning on page 1, line 34 through page 2, line 23 and inserting:

/(D) It is the goal of this State to reduce, on a statewide per capita basis, the amount of solid waste being received at municipal solid waste landfills and any solid waste incinerators permitted after the effective date of this chapter by thirty percent, calculated by weight, of the fiscal year 1993 solid waste level, municipal solid waste incinerators generated to 4.3 pounds per day not later than six years after the date of enactment of this chapter. In determining whether this waste reduction goal has been achieved, no more than fifty percent of this goal may be met by the removal from the municipal solid waste stream of yard trash, land-clearing debris, white goods, construction and demolition debris, and waste tires June 30, 2005.

In a county or municipality where a recycling or reduction program is in place prior to 1993, the base figure for determining a thirty percent reduction goal is the weight of solid waste reduced, recycled, or removed from the municipal solid waste stream during one of the preceding two years in that county or municipality added to the amount of solid waste currently being disposed of by that county or municipality in municipal solid waste landfills together with the weight of solid waste reduced due to incineration. Waste reduction resulting from incineration may not account for more than fifty percent of a solid waste landfill effort toward the thirty percent reduction goal and only if the incineration is performed at a facility permitted prior to the effective date of this chapter.

Amend the bill further, SECTION 2 of the bill, page 2, line 38 by deleting / this section / and inserting / Sections 44-96-50, and 44-96-60 / so when amended the appropriately lettered subsection added to Section 44-96-50 reads:

"( )     For the purposes of Sections 44-96-50 and 44-96-60, 'municipal solid waste' includes, but is not limited to, wastes that are durable goods, nondurable goods, containers and packaging, food scraps, yard trimmings, and miscellaneous inorganic wastes from residential, commercial, institutional, and industrial sources including, but not limited to, appliances, automobile tires, old newspapers, clothing, disposable tableware, office and classroom paper, wood pallets, and cafeteria wastes. 'Municipal solid waste' does not include solid wastes from other sources including, but not limited to, construction and demolition debris, autobodies, municipal sludges, combustion ash, and industrial process wastes that also might be disposed of in municipal waste landfills or incinerators."

Amend the bill further, Section 44-96-60(B), page 3, lines 14 and 15 before / recyclers / by inserting / municipal solid waste / so when amended, the paragraph added at the end of Section 44-96-60(B) reads:

"The department may establish procedures and promulgate regulations necessary to obtain recycling data. These procedures may include, but are not limited to, registration of municipal solid waste recyclers and requiring municipal solid waste recyclers to submit annual reports on the amounts and types of materials recycled and the county in which the materials were generated."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHARPE explained the amendment.

POINT OF ORDER

Rep. McLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

S. 593--POINT OF ORDER

The following Bill was taken up.

S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4439--POINT OF ORDER

The following Bill was taken up.

H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4631--POINT OF ORDER

The following Bill was taken up.

H. 4631 -- Reps. Fleming, Seithel, Martin, Simrill, Davenport and Klauber: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 4671--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4671 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE MORTGAGEE OR ASSIGNEE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15551JM.98), which was adopted.

Amend the bill, as and if amended, by striking Section 29-3-325, as contained in SECTION 1, and inserting:

/Section 29-3-325.     When no written instructions to the contrary are given by the mortgagor or a closing agent, acting on behalf of the mortgagor, to the mortgagee or to an assignee of the mortgage, and when the mortgagee or assignee of the mortgage is a financial institution, Upon payment in full of a mortgage debt, written request for satisfaction of the mortgage, and payment of any required satisfaction fee, the mortgagee or assignee holder of the mortgage is responsible for recording forwarding to the recorder's office the satisfaction or cancellation of the mortgage it holds. Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, The the financial institution holder of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor instructs the holder of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage may mail or deliver the satisfied mortgage to the mortgagor, with no satisfaction fee charged.

If the financial institution holder of the mortgage fails to record forward the satisfaction or cancellation to the recorder's office or to the mortgagor within ninety days of receipt of (1) the full amount necessary to satisfy the debt or obligation secured by the mortgage, (2) a written request to satisfy the mortgage, and (3) payment of up to the above-described fee, if applicable, it must pay to the mortgagor upon demand a penalty in the amount of one hundred dollars or in the alternative the mortgagor is entitled to the remedies provided by Sections 29-3-310 and 29-3-320 if these sections apply. However, a violation of this section is not considered to be a violation of Sections 29-3-310 and 29-3-320. Failure to pay this one hundred dollar penalty within ten days after demand subjects the financial institution holder of the mortgage to additional penalties of one hundred dollars for each ten days or portion thereof the penalty remains unpaid after receipt of demand not to exceed a total penalty of three thousand dollars per mortgage transaction.

The provisions of this section do not apply to "open-end credit" plans as defined by federal law, or to mortgages containing future advance clauses even though they secure closed-end transactions./

Amend title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

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

H. 4671--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4671 be read the third time tomorrow.

H. 4696--POINT OF ORDER

The following Bill was taken up.

H. 4696 -- Reps. Altman and McCraw: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21381SD.98).

Amend the bill, as and if amended, in subsection (B) of Section 61-4-735 of the 1976 Code, as contained in SECTION 1, by inserting after /winery,/ on line 37, page 1, /importer, or wholesaler of wine, /. When amended subsection (B) shall read:

"(B)     Except as provided in subsection (C), a manufacturer of wine, vintner, winery, importer, or wholesaler of wine, or a person acting on his behalf must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free wine, or service. The holder of a retail permit or a person acting on his behalf may not accept, directly or indirectly, any equipment, fixtures, free wine, or service referred to in this subsection from a manufacturer of wine, winery, importer, or wholesaler of wine, except as provided in subsection (C)."

Amend the bill further, as and if amended, in subsection (D) of Section 61-4-735 of the 1976 Code, as contained in SECTION 1, by inserting after /wholesaler/ on line 25, page 2, /and an importer solely owned by a wholesaler/; and by striking /a retail/ on line 1, page 3, and inserting /an on premises retail/. When amended subsection (D) shall read:

"(D)     A producer, winery, vintner, and importer of wine are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. For the purpose of this section, a manufacturer or producer of wine is declared to be a tier one business, a wholesaler and an importer solely owned by a wholesaler is declared to be a tier two business, and a retailer is declared to be a tier three business. A person or entity in the wine business on one tier or a person acting directly or indirectly on his behalf, may not have ownership or financial interest in a wine business operation on another tier. This limitation does not apply to the interest held on July 1, 1993, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business. Notwithstanding this prohibition or the prohibition contained in Section 61-4-940(D), a manufacturer or importer of beer or wine may own in whole or in part a business that holds an on premises retail beer and wine permit provided that:

(1)     All beverages to be handled or sold by such a retail dealer must be purchased from licensed wholesalers and purchased on the same terms and conditions as do other retail dealers.

(2)     Sales of any product produced or distributed by the manufacturer or importer shall not exceed ten percent of the annual gross sales of beer or wine by the retail permit holder."

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

S. 986--POINT OF ORDER

The following Bill was taken up.

S. 986 -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3533--REQUEST FOR DEBATE WITHDRAWN,
AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. LEACH, F. SMITH, J. SMITH, SCOTT, BREELAND, R. SMITH, INABINETT, LLOYD and BYRD the following Bill was taken up.

H. 3533 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21371SD.98), which was adopted.

Amend the bill, as and if amended, by striking Section 2-7-25(C) of the 1976 Code, as contained in SECTION 1, beginning on line 39, page 1, and inserting:

/(C)     In any proceeding before a court of this State when a party seeks to overturn, overrule, void, or strike down an act, resolution, or law of this State in whole or in part, the court shall apply a standard of proof in favorum leges. In order to prevail, the party seeking such relief is required to prove beyond a reasonable doubt, both as to the totality of the evidence and as to all the parts of the evidence, that the act, resolution, or law is unconstitutional, invalid, inapplicable, or otherwise without force and effect./

Renumber sections to conform.

Amend totals and title to conform.

Rep. YOUNG explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. YOUNG asked unanimous consent that H. 3533 be read a third time tomorrow.

Rep. SHEHEEN objected.

H. 3888-REQUESTS FOR DEBATE WITHDRAWN

Reps. SHEHEEN and SIMRILL withdrew their requests for debate on H. 3888; however, other requests for debate remained upon the Bill.

H. 3792--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.

Rep. CATO explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENT TO THE SENATE

The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4846 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 1998 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 1998 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.

H. 4847 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE FOR A PHASED-IN EXEMPTION FOR THE PROPERTY TAX ON PERSONAL PROPERTY BEGINNING WITH THE MILLAGE IMPOSED ON MOTOR VEHICLES FOR SCHOOL OPERATING PURPOSES EXTENDING OVER TIME TO ALL PROPERTY TAXES ON ALL PERSONAL PROPERTY, TO ESTABLISH THE MOTOR VEHICLE AND PERSONAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PERSONAL PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO REQUIRE LOCAL TAXING ENTITIES TO ADJUST MILLAGE IMPOSED ON PERSONAL PROPERTY ANNUALLY SO THAT THE AMOUNT RAISED BY THE MILLAGE AND THE REIMBURSEMENT IN TOTAL DO NOT EXCEED 1998 TAX YEAR PERSONAL PROPERTY TAX REVENUES, TO PRESCRIBE THE ORDER OF THE VARIOUS TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE FOR REIMBURSEMENTS TO LOCAL TAXING ENTITIES WHEN ALL PERSONAL PROPERTY IS WHOLLY EXEMPT FROM PROPERTY TAX, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY AT ITS 1998 ASSESSED VALUE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

H. 4917--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4917 -- Reps. McMahand, Vaughn, Tripp, Leach, Haskins, Wilkins, Hamilton, Cato and F. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 291 AND U.S. 25 SOUTH IN GREENVILLE COUNTY THE "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

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

That the Department of Transportation is requested to name a portion of South Carolina Highway 291 in Greenville County beginning at the intersection of the Reedy River and South Carolina Highway 291 and which continues and becomes U.S. 25 South in Greenville County ending at the intersection of Centre Drive and U.S. 25 South, the "Dr. Martin Luther King, Jr. Memorial Highway", which is approximately 4.1 miles long.

Be it further resolved that the Department of Transportation is requested to erect appropriate markers or signs at places along the highway as the department considers advisable containing the words "Dr. Martin Luther King, Jr. Memorial Highway".

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

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

MOTION PERIOD

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

LEAVES OF ABSENCE

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

The SPEAKER granted Reps. BAILEY and RHOAD a leave of absence for the remainder of the day.

H. 3453--COMMITTED

The following Bill was taken up.

H. 3453 -- Reps. McMahand, F. Smith, Meacham, Knotts, Neal, Mack, Maddox, Stille, Haskins, Young-Brickell, Parks, Gourdine, Moody-Lawrence and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.

The Education and Public Works and Environmental Affairs Committee proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21358SD.98).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Article 13
Alternative Schools

Section 59-63-1300.     The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to authorize district school boards throughout the State to establish alternative school programs. These programs shall be designed to meet the needs of students who have a history of disruptive behavior in school or who have committed a serious offense that warrants out-of-school suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.

Section 59-63-1310.     For the purposes of this article:

(1)     'Disruptive behavior' means behavior that interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. It also means behavior that results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom or severely threatens the general welfare of students or others with whom the student comes into contact.

(2)     'Serious offense' means behavior which includes violence, possession of weapons or controlled substance, or harassment or verbal abuse of school personnel or other students.

Section 59-63-1320.     Beginning with the school year 1998-99, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs for, but not limited to, the following categories of students in grades 6-12:

(1)     Any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees;

(2)     any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees;

(3)     any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;

(4)     Any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.

Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.

When students are being considered for placement in an alternative school program, districts must consider special education evaluation to ensure that the students are not eligible for special education services or a change in the current special educational placement.

If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.

Section 59-63-1340.     Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.

The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State.

Section 59-63-1350.     Each school district shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.

Section 59-63-1360.     Transportation for students attending the alternative school program shall be the responsibility of the sending school district.

Section 59-63-1370.     A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.

Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.74 and shall be allocated to the districts of this State based on the average daily membership of the district and the EFA formula. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350.

Section 59-63-1380.     The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual alternative school program review and evaluation of its success. The regulations shall require the minimum amount of paperwork and reporting necessary to comply with this article.

Upon request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALKER explained the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. COTTY moved to continue the Bill.

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

Yeas 8; Nays 95

Those who voted in the affirmative are:

Bowers                 Cooper                 Cotty
Hinson                 Jordan                 Loftis
McMaster               Woodrum

Total--8

Those who voted in the negative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Campsen                Cato                   Cave
Chellis                Clyburn                Cromer
Dantzler               Davenport              Delleney
Edge                   Fleming                Gamble
Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Inabinett              Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Phillips
Pinckney               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whipper                Wilder                 Wilkins
Witherspoon            Young-Brickell

Total--95

So, the House refused to continue the Bill.

Rep. TOWNSEND moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEES

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

H. 4935 -- Reps. Jordan, Altman, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Campsen, Canty, Carnell, Clyburn, Cooper, Cotty, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Haskins, M. Hines, Kelley, Koon, Leach, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, Miller, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, R. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS SUPPORT AND ENCOURAGEMENT FOR THE STATE BOARD OF EDUCATION TO ADOPT A RESOLUTION WHICH WOULD AUTHORIZE EACH SCHOOL IN SOUTH CAROLINA TO ALLOW ITS STUDENTS TO VOTE TO POST A COPY OF THE TEN COMMANDMENTS IN THE LOBBY OF THEIR SCHOOL WITHOUT USING PUBLIC FUNDS.

Ordered for consideration tomorrow.

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

H. 4895 -- Reps. Carnell, McKay, Inabinett, Bailey, Wilder, Klauber, Keegan, Kelley, Bowers, Beck, Dantzler, R. Smith, Askins, J. Smith, Mason, Hawkins, H. Brown, Lanford, Townsend, Meacham, McAbee, McCraw, Sharpe, Woodrum, Witherspoon, Haskins, Stoddard, Battle, Davenport, Kirsh, Loftis, Quinn, G. Brown, Fleming and Edge: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE TAX LAWS OF THE UNITED STATES RELATING TO ONLY FIFTY PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES BEING ALLOWED AS A DEDUCTION, SO AS TO RESTORE AND PROVIDE FOR THE DEDUCTION OF ONE HUNDRED PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES.

Ordered for consideration tomorrow.

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

H. 4894 -- Reps. Hawkins, Littlejohn, Wilkins, Wilder, Lee, Vaughn, Haskins, Allison, D. Smith, Fleming, Davenport and Lanford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF REIDVILLE ROAD IN SPARTANBURG COUNTY FROM THE INTERSECTION OF MAIN STREET AND REIDVILLE ROAD IN THE CITY OF SPARTANBURG TO THE INTERSECTION OF INTERSTATE 26 AND REIDVILLE ROAD AS THE "JOHN B. WHITE, SR. BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4956 -- Reps. Rodgers, Bowers, Kennedy, Pinckney, Mullen and Harvin: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUNDS DERIVED FROM THE TWO AND SIXTY-SIX ONE-HUNDREDTHS CENTS A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE COUNTY TRANSPORTATION COMMITTEE, THE TERMS OF ITS MEMBERS, ATTENDANCE REQUIREMENTS FOR MEMBERS, AND THE POWERS OF THE COMMITTEE REGARDING EXPENDITURE OF MONIES.

Referred to Committee on Education and Public Works.

H. 4957 -- Reps. Byrd, M. Hines, Inabinett, Breeland, Harvin, Spearman, Lee, Howard, Moody-Lawrence, Clyburn, Scott, Stuart, Neilson, McLeod, McMahand, J. Smith, Lloyd, Littlejohn, Maddox, J. Brown and Cave: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 138, SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS-BASED CHILD CARE ACT" WHICH AUTHORIZES THE COMMISSION ON HIGHER EDUCATION TO AWARD GRANTS TO POSTSECONDARY INSTITUTIONS FOR THE DEVELOPMENT OF CAMPUS-BASED CHILD CARE SERVICES FOR LOW-INCOME STUDENTS.

Referred to Committee on Education and Public Works.

H. 4958 -- Reps. J. Brown, Rice, Tripp, M. Hines, Limehouse, Whipper, Clyburn, Mack, Leach, Byrd, J. Hines, Webb, Lloyd, Haskins, McMahand and Vaughn: A BILL TO AMEND SECTION 56-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR VEHICLE REGISTRATION, SO AS TO REQUIRE DEALERS TO ISSUE INTERIM LICENSE PLATES AND REGISTRATION CARDS WHEN THEY SELL VEHICLES; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DESIGN THE LICENSE PLATE MADE OF AN INEXPENSIVE AND IMPERMANENT MATERIAL; TO PROVIDE FOR A $5.00 FEE FOR THE LICENSE PLATE; TO PROVIDE THAT IF A PERSON PURCHASES A VEHICLE FROM A PERSON OTHER THAN A DEALER, THEN THE PURCHASER MUST APPLY TO THE DEPARTMENT FOR AN INTERIM LICENSE PLATE AND REGISTRATION WITHIN FIVE DAYS OF PURCHASING THE VEHICLE; TO PROVIDE FOR PENALTIES; AND TO REPEAL SECTION 56-3-220 OF THE 1976 CODE, RELATING TO DEALER "SOLD" CARDS.

Referred to Committee on Education and Public Works.

H. 4959 -- Rep. Chellis: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.

Referred to Committee on Ways and Means.

H. 4960 -- Reps. Moody-Lawrence, Neal, F. Smith, Lloyd, Gourdine, Mack, Knotts, Bailey and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT A NONPROFIT ORGANIZATION IS EXEMPT FROM DEPARTMENT OF TRANSPORTATION PROVISIONS THAT TREAT IT AS A BUSINESS AND TO PERMIT THE DEPARTMENT OF TRANSPORTATION TO INSTALL DRIVEWAY ENTRY AND EXIT DRAINAGE PIPES FOR A NONPROFIT ORGANIZATION.

Referred to Committee on Education and Public Works.

H. 4961 -- Reps. Moody-Lawrence, Whipper, Lloyd, Inabinett, Howard, Stuart, Breeland and J. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-155 SO AS TO PROVIDE THAT HOME ECONOMICS AND RELATED COURSES INCLUDING CONSUMER EDUCATION, FOOD SCIENCES, CHILD CARE, AND FAMILY HEALTH SHALL BE CONSIDERED TO BE OCCUPATIONAL RATHER THAN NONOCCUPATIONAL COURSES FOR PURPOSES OF THE SCHOOL-TO-WORK TRANSITION ACT AND THE GRADUATION REQUIREMENTS OF THE TECH-PREP PROGRAM OF STUDY.

Referred to Committee on Education and Public Works.

HOUSE RESOLUTION

The following was introduced:

H. 4962 -- Reps. Moody-Lawrence and Byrd: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES RELATING TO PERSONS ADMITTED IN THE OUTER DOORS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT, UPON A MOTION BY A MEMBER, INDIVIDUALS, SCHOOL GROUPS, TEAMS, AND SIMILAR ORGANIZATIONS MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER OF THE HOUSE AND GRANTED THE PRIVILEGE OF THE HOUSE FLOOR FOR PURPOSES OF RECOGNITION FOR SPECIAL ACHIEVEMENTS, PRESENTATION OF RESOLUTIONS OR AWARDS, OR FOR OTHER SPECIAL OCCASIONS, WITHOUT THE SPECIAL LEAVE OF THE HOUSE.

The Resolution was ordered referred to the Committee on Rules.

Rep. SHARPE moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4917 -- Reps. McMahand, Vaughn, Tripp, Leach, Haskins, Wilkins, Hamilton, Cato and F. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 291 AND U.S. 25 SOUTH IN GREENVILLE COUNTY THE "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

H. 4429 -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 BYPASS IN GEORGETOWN COUNTY FROM THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 707 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 BUSINESS SOUTH OF THE VILLAGE OF MURRELLS INLET IN HONOR OF REVEREND LUTHER ALSTON.

H. 4934 -- Rep. Webb: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CENTRAL, SOUTH CAROLINA DANIEL HIGH SCHOOL "LADY LIONS" GIRLS' VOLLEYBALL TEAM, COACHES, AND STAFF FOR AN OUTSTANDING SEASON BY WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.

H. 4937 -- Reps. McLeod, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF FORMER REPRESENTATIVE JOHN SUMMER HUGGINS OF NEWBERRY COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 11:45 A.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Courtney LaRaine Koon of Lexington, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 10:32 A.M.