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


Printed Page 1283 . . . . . Wednesday, February 23, 2000

Wednesday, February 23, 2000
(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:

We thank You, Heavenly Father for the gift of another day. Through all its hours, help us to walk in the way we should go. Deliver us from fears that would frustrate, from bitterness that would belittle, and from worries that would weary and wear us out. Grant unto us a faith that fortifies, a hope that heartens and a love that lifts us up. Cover our failures with the umbrella of Your forgiving mercy. Facing the ocean of life's challenges we pray with Nehemiah of old, "O God, strengthen my hand." 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. WHATLEY moved that when the House adjourns, it adjourn in memory of Matilda Dunston of North Charleston, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 4205 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE


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COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4541 (Word version) -- Reps. Wilkins, Cato, Harrison, Simrill, Haskins, Edge, Quinn, Altman, Knotts, Fleming, Barrett, Gamble, Law, Townsend, Taylor, McGee, Koon, Allison, Barfield, Chellis, Davenport, Easterday, Frye, Harrell, Klauber, Leach, Littlejohn, McKay, Meacham-Richardson, Rice, Riser, Rodgers, Sandifer, Tripp, Trotter, Walker, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION OR SIMILAR ORGANIZATION IF THE PRINCIPAL ACTIVITIES OF THE UNION OR ORGANIZATION ARE PORTS RELATED.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4545 (Word version) -- Reps. Sandifer, Barrett, Cato and Trotter: A BILL TO AMEND SECTION 58-9-2540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE PUBLIC SERVICE COMMISSION FOR MONITORING THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE FOR HEARING AND SPEECH-IMPAIRED PERSONS AND FOR HEARING AND VISUALLY-IMPAIRED PERSONS, SO AS TO ADD REPRESENTATIVES TO THE COMMITTEE FROM THE NATIONAL FEDERATION FOR THE BLIND OF SOUTH CAROLINA AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND.
Ordered for consideration tomorrow.


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Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO


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EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 4550 (Word version) -- Reps. Sandifer, G. Brown, Askins, Bailey, Barrett, Canty, Cato, Chellis, Davenport, Edge, Fleming, Frye, Gilham, Govan, Harrison, Harvin, Haskins, Hayes, Hosey, Howard, Keegan, Kelley, Kirsh, Lanford, Leach, Limehouse, Littlejohn, Martin, McCraw, M. McLeod, W. McLeod, Meacham-Richardson, Moody-Lawrence, Perry, Phillips, Quinn, Rodgers, J. Smith, R. Smith, Stille, Tripp, Trotter, Walker, Webb, Wilder, Young-Brickell, Neilson, Emory and J. M. Neal: A BILL TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CEMETERY COMPANIES.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4661 (Word version) -- Reps. Littlejohn, McCraw and Phillips: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION TO PLACE SIGNS THAT CONTAIN THE CAPTION "COWPENS HISTORICAL BATTLEFIELD" AND THAT INDICATE THE DIRECTION TO THE BATTLEFIELD ON INTERSTATE 85 AT EXITS 92 AND SCENIC HIGHWAY 11.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The following was introduced:

H. 4662 (Word version) -- Reps. Littlejohn, Allison, Walker, Lanford, Lee, Davenport, Hawkins, Vaughn, Wilder and D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "SPARTANBURG SHRINE CLUB" AND THAT INDICATE THE DIRECTION TO THE CLUB ON INTERSTATE 85 AT THE 585 EXIT IN THE NORTH AND SOUTH BOUND LANES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4663 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF OUR BELOVED COLLEAGUE, THE HONORABLE CHARLES ANTHONY "TONY" HARRIS OF CHERAW, WHO DIED ON NOVEMBER 28, 1999.


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Whereas, the members of the General Assembly were saddened to learn of the death on November 28, 1999, of the Honorable Charles Anthony "Tony" Harris of Cheraw; and

Whereas, Tony Harris was a man of public service. He served in the House of Representatives from 1967 to 1968, and in the Senate from 1969 to 1978. He was elected circuit court judge for the Fourth Judicial Circuit in 1978 and served until 1992, with dedication and distinction. In 1992, he retired from the bench and returned to the practice of law with our colleague, Representative Douglas Jennings, Jr., in the firm of Jennings and Harris; and

Whereas, besides being a man who thrived in public service, Tony was a devoted husband and family man. He was married to the late Jean Laney Harris, who succeeded him as the representative from House District 53 and served continuously with distinction from 1979 until her death in 1997. He is survived by four children: two sons, our colleague, Representative C. Anthony Harris, Jr., and C. Frederick Harris of Cheraw, two daughters, Dr. Rainey H. Knight of Hartsville and Mary Margaret Harris of Cheraw, and two grandsons, Frederick Harris Knight of Hartsville and Charles Anthony Harris III, of Cheraw. He is also survived by two sisters, Ann Heathy Walker of Charlotte and Lorraine H. Madison of St. Petersburg, Florida, and fifteen nieces and nephews. A brother, Billy Harris, predeceased him; and

Whereas, Tony and Jean's son, Representative C. Anthony Harris, Jr., is continuing the strong family tradition of public service by representing the people of House District 53 serving Chesterfield and Marlboro Counties; and

Whereas, Tony was a veteran of the Korean War, serving two tours of duty with the Marine Corps; he was also a member of the American Legion, the Cheraw Kiwanis Club, and the First United Methodist Church; and

Whereas, it is only fitting and proper that the members of the General Assembly pause in their deliberations to note the passing of this outstanding leader in his community and the State. Now, therefore,

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


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That the members of the General Assembly extend their deepest sympathy to the family and friends of our beloved colleague, the Honorable Charles Anthony "Tony" Harris of Cheraw, who died on November 28, 1999.

Be it further resolved that a copy of this resolution be forwarded to each of the children of Tony Harris.

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

INTRODUCTION OF BILLS

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

H. 4664 (Word version) -- Reps. Hayes and Bales: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4665 (Word version) -- Rep. Klauber: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A


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SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4668 (Word version) -- Reps. Walker, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn and D. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24 AND 25, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER AND THE SCHOOL DAY MISSED ON JANUARY 26, 2000, BY THE STUDENTS AND TEACHERS OF SPARTANBURG COUNTY SCHOOL DISTRICT 4 WHEN THE SCHOOLS WERE CLOSED BECAUSE OF INCLEMENT WEATHER ARE 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.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4669 (Word version) -- Reps. Wilder, Carnell and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-367 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; AND TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
Referred to Committee on Judiciary

H. 4670 (Word version) -- Reps. Stille, Barrett, Hamilton and Littlejohn: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN


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DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60 RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
Referred to Committee on Education and Public Works

H. 4671 (Word version) -- Reps. Edge, Bales, Quinn, Barfield, Cato, Davenport, Fleming, Hamilton, Haskins, Hawkins, Klauber, Knotts, Leach, Limehouse, Loftis, McGee, Riser, Sandifer, Simrill, Taylor, Tripp, Whatley, Witherspoon, Woodrum, Young-Brickell, Perry, Meacham-Richardson, Altman, Law, Koon, Lucas, Trotter, Dantzler, Harrison, Bailey, Chellis, Frye, H. Brown, Battle, Bowers, Sharpe, Allen, Phillips, Hinson, McCraw, Huggins, Martin, McKay and Wilkins: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX A PORTION OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND


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MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS, AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2004-05, AND TO PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY AT AMOUNTS NOT TO EXCEED ITS VALUE IN PROPERTY TAX YEAR 2004; AND TO AMEND SECTION 11-11-150, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO CREDIT TO IT THE REIMBURSEMENT REQUIRED FOR THE PERSONAL PROPERTY TAX EXEMPTION ALLOWED BY THIS ACT.
Referred to Committee on Ways and Means

H. 4672 (Word version) -- Reps. Townsend, Allen, Barrett, Clyburn, Gamble, Gourdine, Hamilton, Hayes, Hinson, Jennings, Koon, Maddox, Martin, W. McLeod, Rice, Riser, Sandifer, Stille, Stuart, Taylor, Wilder and Wilkins: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM


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WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
Referred to Committee on Education and Public Works

S. 933 (Word version) -- Senators Ford and Elliott: A BILL TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT ADVERTISING IN ANY FORM, INCLUDING TELEVISION, RADIO, AND INTERNET BROADCASTS, WHICH IS KNOWN OR SHOULD BE KNOWN TO BE UNTRUE OR MISLEADING.
Referred to Committee on Labor, Commerce and Industry

S. 951 (Word version) -- Senator Alexander: A BILL TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
Referred to Committee on Labor, Commerce and Industry

S. 1091 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CAROLINA WOLF SPIDER", HOGNA CAROLINENSIS, AS THE OFFICIAL STATE SPIDER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1161 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry


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CONCURRENT RESOLUTION

The following was introduced:

H. 4666 (Word version) -- Reps. McKay, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE GENERAL ASSEMBLY TO JODY LANE OF JOHNSONVILLE, AND THREE OTHER RESCUERS FOR THEIR QUICK AND SELFLESS ACTIONS ON THE NIGHT OF JANUARY 15, 2000, IN FREEING A SERIOUSLY INJURED MOTORIST TRAPPED IN HIS BURNING VEHICLE AND RESCUING HIM IMMEDIATELY BEFORE THE VEHICLE EXPLODED INTO FLAMES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4667 (Word version) -- Reps. Whatley, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack, Seithel and Whipper: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE


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FAMILY AND MANY FRIENDS OF THE LATE MATILDA "TILLIE" FORRESTER DUNSTON OF NORTH CHARLESTON.

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:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Howard
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, F.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes

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Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 23.

Doug Smith                        J. Cordell Maddox
John Hawkins                      Steve Lanford
Becky Martin                      William Bowers
Kenneth Kennedy                   Ralph Davenport
James Smith                       Harry Askins
James Law                         Todd Rutherford
Chuck Allen                       Joseph Neal
Bill Cotty                        Clementa Pinckney
Ralph Canty                       Lynn Seithel
Jerry Govan                       Theodore Brown

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. HOSEY a leave of absence to attend a meeting of the Southern Association for Accreditation of Schools at S.C. State University.

SPECIAL PRESENTATION

Reps. HUGGINS, RISER, KNOTTS, QUINN and HOWARD presented to the House the Outdoor Ensemble of Bands and the High Steppers of Irmo High School, champions for the sixth consecutive year of the South Carolina Marching Band competition, their directors and other school officials.

SILENT PRAYER

The House stood in silent prayer for the recovery of former Representative Robert E. "Bobby" Kneece.

DOCTOR OF THE DAY

Announcement was made that Dr. Julius Leary of Greenwood is the Doctor of the Day for the General Assembly.


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CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4294 (Word version)
Date:   ADD:
02/23/00   ASKINS

CO-SPONSOR ADDED

Bill Number:   H. 4277 (Word version)
Date:   ADD:
02/23/00   OTT

SENT TO THE SENATE

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

H. 4649 (Word version) -- Reps. Harris, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT UP TO SIX SCHOOL DAYS MISSED IN JANUARY AND FEBRUARY, 2000, BY THE STUDENTS OR TEACHERS, OR BOTH, OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO CONDITIONS CAUSED BY ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE


Printed Page 1298 . . . . . Wednesday, February 23, 2000

DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.

H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn, Riser, Easterday, Hamilton and Rice: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.

H. 4644--AMENDED AND SENT TO THE SENATE

The following Bill was taken up:

H. 4644 (Word version) -- Reps. Lucas, Harris, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL COMPOSED OF MEMBERS FROM EACH ATTENDANCE AREA OF THE COUNTY, SO AS TO PROVIDE THAT THE COUNCIL


Printed Page 1299 . . . . . Wednesday, February 23, 2000

FROM EACH ATTENDANCE AREA SHALL SELECT ITS OWN OFFICERS AND TO PROVIDE THAT OFFICERS OF CERTAIN COUNCILS SHALL SERVE AS EX OFFICIO MEMBERS OF OTHER COUNCILS WITH SPECIFIED AUTHORITY.

Rep. LUCAS, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1884SD00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Section 7 of Act 1010 of 1968, as last amended by Act 803 of 1976, is further amended to read:

"Section 7.   There is hereby created the Chesterfield County Education Advisory Council, hereinafter called the council, which shall be composed of five members from such attendance areas of the county as may be determined by the district board of education. The members of the council shall be elected from their respective attendance areas as the district board of education may determine in the general election after filing and qualifying in the same manner as candidates for members of the district board of education. They shall serve for four years and until their successors are elected and qualify. Provided, however that of However, of those members elected from each attendance area in the general election of 1976 the three who receive the highest vote shall serve four years and the other two elected shall initially serve two years only. The council shall meet and perform such duties as directed by the district board of education. Any vacancy shall be filled by appointment by a county superintendent of education upon the recommendation of a majority of the legislative delegation.

Each council shall elect a chairman, a vice chairman, and a secretary and submit those names to the superintendent. The chairman and vice chairman of the Jefferson and Ruby councils shall also serve as ex officio members of the Pageland and Chesterfield councils, respectively, and may vote only on agenda items concerning Central and Chesterfield High Schools. There shall be six local education advisory councils in the chesterfield county school district, one for each school attendance area. The six councils shall be Cheraw, Chesterfield, Ruby, Pageland, Jefferson, and McBee. Each advisory council shall have five members elected from their respective school attendance areas in the general election. Candidates must qualify and file in the same manner as members of the district board of education. Candidates who receive the highest number of votes in each election


Printed Page 1300 . . . . . Wednesday, February 23, 2000

shall be declared the winners. Members shall serve for terms of four years and until their successors are selected and qualify. Three members of each council shall be elected in 2000, and two members of each council shall be elected in 2002 in accordance with Act 803 of 1976 which provides for staggered terms for members. Members shall take office on January first after the November election. The councils shall meet and perform such duties as determined by the district board of education. Any vacancy shall be filled for the remainder of the unexpired term by appointment by the county superintendent of education with approval of the district board of education.

Each council shall elect a chairman, a vice chairman, and a secretary and submit those names to the superintendent. The chairman and vice chairman of the Jefferson and Ruby councils shall also serve as ex officio members of the Pageland and Chesterfield councils, respectively, and may vote only on agenda items concerning Central and Chesterfield High Schools." /
Amend title to read:
/ TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS. /

The amendment was then adopted.

So, the Bill, as amended, was read the third time and ordered sent to the Senate.

ORDERED TO THIRD READING

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

H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR


Printed Page 1301 . . . . . Wednesday, February 23, 2000

RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO
EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.

Rep. TRIPP explained the Bill.

S. 139--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE,


Printed Page 1302 . . . . . Wednesday, February 23, 2000

INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\1769AC00):
Amend the bill, as and if amended, page 6 by deleting lines 13 through 21 and inserting:
/   Section 44-32-90.   A person who fails to register as provided by Section 44-32-40 or violates the sterilization, sanitation, and safety standards on or after July 1, 2000, is subject to a civil penalty of five hundred dollars for each violation. This penalty may be collected in an action brought by the city attorney or the solicitor of the judicial circuit in which the violation occurred. All penalties collected must be remitted to the general fund of the State and there credited to the Department of Health and Environmental Control./
Amend the bill further, Section 44-32-120 page 7 immediately after line 7 by inserting /(G)   All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MACK explained the amendment.

Reps. SIMRILL, RICE, KIRSH, KNOTTS, TROTTER and MCMAHAND requested debate on the Bill.

H. 4127--POINT OF ORDER

The following Bill was taken up:

H. 4127 (Word version) -- Reps. Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A


Printed Page 1303 . . . . . Wednesday, February 23, 2000

SPACE-AVAILABLE BASIS UNDER CERTAIN CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD SHALL INDEMNIFY THE STATE AGAINST LEGAL CLAIMS FILED AGAINST THE STATE DUE TO CERTAIN NEGLIGENT ACTS PERFORMED PURSUANT TO THIS SECTION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22495CM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   The 1976 Code is amended by adding:

"Section 59-67-546.   (A)   For the 2000-2001, 2001-2002, 2002-2003 school years, the Chesterfield County School District is authorized to pilot a program, at no cost to the State, to determine the feasibility of using school bus transportation as part of a coordinated community transportation service. The Chesterfield County School District may allow an individual to ride a state-owned school bus operated on state Department of Education approved routes on a space-available basis. However, an adult may not ride if any pre-high school students are present on the bus. The board also may allow the use of state-owned school buses in conjunction with a non-school related activity or program. The use of the state-owned school buses for the aforementioned purposes must be in accordance with local school board policies and state laws. Any use of state-owned school buses for these special activities or programs is subject to the permitting requirements of the Department of Education.
(B)   Nothing in this section must be construed as a waiver or abrogation of the state's limited immunity from liability and suit under the South Carolina Tort Claims Act. The local school board shall indemnify the State against legal claims filed against the State due to negligent acts performed by or on behalf of employees of the school board pursuant to this section.

(C)   Before allowing individuals to ride on a state-owned school bus, on state Department of Education approved routes on a


Printed Page 1304 . . . . . Wednesday, February 23, 2000

space-available basis, a local school board must obtain a SLED background check on each individual who seeks permission to ride.

(D)   An adult who is given permission to ride on a state-owned school bus pursuant to this section must possess and wear a photo-identification card when riding on a bus that is carrying students. The identification card must be issued by the district and contain the following:

(1)   the signature and a recent photograph of the adult rider; and

(2)   language on the back of the card expressly stating that the State shall not waive or abrogate the state's limited immunity from liability and suit under the South Carolina Tort Claims Act.

(E)   For the purposes of this section, individuals other than school students must not be considered 'lawful occupants' under Section 59-67-710 or 59-67-790."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. STUART explained the amendment.

POINT OF ORDER

Rep. YOUNG-BRICKELL 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. 924--POINT OF ORDER

The following Joint Resolution was taken up:

S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN


Printed Page 1305 . . . . . Wednesday, February 23, 2000

THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1847DW00):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Notwithstanding any other provisions of law, for the 1999-2000 school year, local school boards may excuse up to three school days missed because of snow, ice, or other extreme weather conditions. All other school days missed because of snow, ice, or extreme weather conditions must be made up. Should local legislation be enacted to excuse days missed from school, additional days to exceed a total of three shall not be granted by the local school board. No make-up days for students may be scheduled on Saturdays. However, remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER

Rep. GAMBLE made the Point of Order that the Joint Resolution 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. 4657--POINT OF ORDER

The following Bill was taken up:

H. 4657 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES ARE ENCOURAGED TO DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE


Printed Page 1306 . . . . . Wednesday, February 23, 2000

DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD.

Rep. WALKER explained the Bill.

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. 4660--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4660 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

Rep. HARRELL explained the Joint Resolution.

The Joint Resolution was read second time and ordered to third reading.

H. 4469--REQUEST FOR DEBATE WITHDRAWN

Rep. FLEMING withdrew his request for debate on H. 4469 (Word version); however, other requests for debate remained on the Bill.

H. 3555--REQUEST FOR DEBATE WITHDRAWN

Rep. ALLISON withdrew her request for debate on H. 3555 (Word version); however, other requests for debate remained on the Bill.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN


Printed Page 1307 . . . . . Wednesday, February 23, 2000

CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.


Printed Page 1308 . . . . . Wednesday, February 23, 2000

MOTION PERIOD

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

S. 60--DEBATE ADJOURNED

The following Bill was taken up:

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

Rep. HARRISON moved to adjourn debate on the Bill until Tuesday, February 29.

Rep. FLEMING moved to continue the Bill.

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

Yeas 21; Nays 74

Those who voted in the affirmative are:

Altman                 Barrett                Cato
Chellis                Dantzler               Easterday
Fleming                Hamilton               Haskins
Hinson                 Kirsh                  Koon
Leach                  Loftis                 Meacham-Richardson
Rice                   Robinson               Sharpe
Stuart                 Trotter                Young-Brickell

Total--21

Those who voted in the negative are:

Allison                Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, H.

Printed Page 1309 . . . . . Wednesday, February 23, 2000

Brown, J.              Campsen                Clyburn
Cobb-Hunter            Davenport              Delleney
Edge                   Frye                   Gamble
Gilham                 Gourdine               Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines, J.              Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Klauber
Law                    Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod, M.             McMahand               Miller
Moody-Lawrence         Neal, J.M.             Neilson
Ott                    Parks                  Perry
Pinckney               Riser                  Rodgers
Sandifer               Scott                  Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Stille                 Taylor
Tripp                  Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

Total--74

So, the House refused to continue the Bill.

The question then recurred to the motion to adjourn debate until Tuesday, February 29.

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

Yeas 58; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton

Printed Page 1310 . . . . . Wednesday, February 23, 2000

Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McGee
Meacham-Richardson     Perry                  Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, R.              Stuart
Taylor                 Tripp                  Trotter
Walker                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Askins                 Bailey                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Clyburn
Cobb-Hunter            Delleney               Gourdine
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rutherford             Scott
Sheheen                Smith, F.              Smith, J.
Wilder                 Wilkes

Total--44

So, the motion to adjourn debate was agreed to.


Printed Page 1311 . . . . . Wednesday, February 23, 2000

RECORD FOR VOTING

There was a motion to continue S. 60 and a vote by the House to continue S. 60. I was out of the Chamber but wish to record that I would have voted against continuing S. 60.
Rep. Walt McLeod

STATEMENT FOR THE JOURNAL

I voted to continue S. 60 because Martin Luther King Jr.'s birthday is already a State holiday. We do not need to add more taxpayer-funded holidays.
Rep. Alfred B. Robinson, Jr.

S. 120--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER


Printed Page 1312 . . . . . Wednesday, February 23, 2000

ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11712AC00), which was adopted:
Amend the bill, as and if amended, the penultimate paragraph of Section 16-17-700(A) page 2 line 28 by deleting /when performing cosmetic or reconstructive surgery/ and inserting
/when performing cosmetic or reconstructive surgery or appropriate, and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners/ so when amended the penultimate paragraph of Section 16-17-700(A) reads:
/   It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate, and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners/.
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. KELLEY, KEEGAN, EDGE, WITHERSPOON and BARFIELD proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3702DW00), which was adopted:
Amend the bill, as and if amended, Section 16-17-700(A)(3)(b), SECTION 1, page 2, line 17, by deleting / and /.
Amend further, Section 16-17-700(A)(3)(c), page 2, line 24, by deleting / . / and inserting /; and /.
Amend further, Section 16-17-700(A)(3), page 2, by inserting after line 24:

/ (d)   a certified copy of an ordinance passed by the local governing body where the business will be located approving the tattooing of persons within its jurisdiction. /
Reletter subitems to conform.
Amend title to conform.


Printed Page 1313 . . . . . Wednesday, February 23, 2000

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

Rep. KNOTTS spoke against the Bill.
Rep. ALTMAN spoke against the Bill.
Rep. RUTHERFORD spoke in favor of the Bill.
Rep. MEACHAM-RICHARDSON spoke against the Bill.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 23, 2000
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately after the Joint Assembly for the purpose of Ratifying Acts.

Very respectfully,
President
Received as information.

On motion of Rep. HASKINS the invitation was accepted.

MOTION ADOPTED

Rep. SHARPE moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.


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ADDRESS BY THE NATIONAL COMMANDER OF THE AMERICAN LEGION

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1004 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ALAN G. LANCE, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 23, 2000.

The Honorable Alan G. Lance and distinguished party were escorted to the rostrum by Senators DRUMMOND, LEVENTIS, COURSON and ANDERSON and Representatives DELLENEY, GOURDINE, HAWKINS, CATO and SANDIFER.

The Lt. Governor recognized our special guests and then introduced Mr. Alan G. Lance, the National Commander of the American Legion, who addressed the Joint Assembly as follows:

Thank you, Lieutenant Governor Peeler, Speaker Wilkins.

It is a pleasure to be here today. I am sure that many who address you make that statement. However, last Friday I made my budget presentation to the Idaho Legislature. So, I think you will understand why it really is a pleasure to be speaking to the South Carolina Legislature today.

I would like to thank your Attorney General--Charlie Condon--for issuing my poacher's license so that I could be here today. Charlie, I appreciate the southern hospitality.

If I may put in a plug, I will say it has been a pleasure working with Attorney General Condon through the National Association of Attorneys General.

You know, the issues the states face are remarkably similar. We have some of the same concerns with the Idaho National Engineering and Environmental Laboratory that you have with Savannah River.

We face almost continuous federal attempts to encroach on our state sovereignty. I indicated to the Legislature last Friday that the legal cost of resisting such encroachments has reached approximately $3 million a year.


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By way of example, we were forced to go to court in an effort to force the Forest Service to work with the states on a massive-and apparently unilateral--roadless plan. Although the court held that it could not exert jurisdiction before the Forest Service makes a final decision, the judge issued a strong warning that the government had better clean up its act.

I was encouraged, though, to receive an e-mail entitled "Huzzahs for Idaho" from a resident of Charleston, "You are awarded three South Carolina cheers for taking on the US Forest Service," this gentleman wrote, "One hundred years ago South Carolina would have fired their cannons in salute to you."

We also had a problem a couple of years ago where the VA tried to shift some of its obligation to provide housing and prescription medication to qualified veterans onto the State of Idaho. Our efforts in the federal court in that case resulted in a change of national policy and the VA meeting its obligations.

Before I continue, please permit me to introduce a few people who honor me with their presence this afternoon:

Elizabeth "Lib" Stewart, North Carolina, the leader of the nation's largest women's patriotic organization, the American Legion Auxiliary.

Carrying the torch in the Palmetto State is Mrs. Sarah Carter, president of the South Carolina American Legion Auxiliary.

They call him Mr. Legionnaire, Past National Commander of the American Legion: E. Roy Stone of Greenville.

Commander of the South Carolina American Legion, Frank Ward of Greenville.

Adjutant of the South Carolina American Legion, Jimmy Hawk.

I look at the Gold Star Mothers sitting before me. Each of you has lost a son or daughter in military service to this nation. My heart is heavy with the sadness of your loss, yet proud of you and your sacrifices.

Once again, let me say that it is a privilege to speak to you.

Assembled here are the elected representatives of South Carolina, the home of many "firsts" that advanced the interests of our nation.

The people of South Carolina are leaders...and they've proven it time and time again. South Carolina is one of the first 13 Colonies.

South Carolina formed the first independent government among American Colonies in March, 1776.

The Charleston Museum, organized in 1773, is the first public museum.


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The first steam locomotive built in the United States to be used for regular railroad service was built in Charleston in 1830.

These are just a few examples of the contributions that have been generated in this great State.

With such a record of firsts that reveal the innovative history of the people of South Carolina, I am reminded that other sons and daughters from this State never got the chance to develop museums or great inventions. They died for the greater good of our Country.

During the Revolutionary War, a war for freedom that led to the birth of the most powerful nation in the world, South Carolinians played a pivotal role.

This role was evidenced in the battle for Sullivan's Island on June 28, 1776. There, a small contingent of patriots, in a hastily built fort, under the command of Col. William Moultrie and Gen. Charles Lee, repelled an onslaught by 50 British warships with 300 heavy guns. The colonist inflicted such heavy losses on their invaders that in a single day the British were forced to abandon their attack.

The battle for Sullivan's Island came just days before the Declaration of Independence was signed, and demonstrated that Americans had the ability to fight and defeat the British.

Historian Edward C. Bears wrote of the importance of the battle. "So far in 1776, General Washington had accomplished little beyond hurrying British General Howe's evacuation of Boston...Now came word of a victory from the South. Not only had the British been repulsed before Sullivan's Island, but they had given up their initial attempt to carry the war to the Southern colonies.

The tradition of South Carolinian support continued throughout the 20th Century as well. Time and time again South Carolina's sons and daughters were called to arms in the defense of freedom, and time and time again they responded. Many made the supreme sacrifice.

In World War I, 2,085 South Carolinians were killed in action.

In World War II, that number was 3,423.

Korea claimed 466 young men and women.

890 never returned from Vietnam.

Added up, more than 6,800 healthy, able South Carolina patriots left their homes, families and friends, and, in the face of oppression, and in the name of liberty, gave up their bright futures.

Not all veterans who fought for our country's liberty were killed. Not all veterans who went to war returned with wounds. Not all veterans actually engaged an enemy in desperate, mortal combat.


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Yet, for every one who saw combat, three or more provided logistical support--three or more ensured that their comrades would have the needed material. No matter the role played, all served. More importantly, all stood ready to serve wherever and in whatever capacity they were needed. Every veteran was faithful to the vow, "I will protect and defend the Constitution of the United States against all enemies, foreign and domestic..."

And many of those who did their duty, when the wars were over and the rebuilding began, either came home to South Carolina or decided to adopt the Palmetto State.

The most recent figures reveal the 83,000 World War II veterans live in South Carolina; 48,900 Korean War veterans; 116,300 Vietnam veterans; and 31,300 Persian Gulf veterans.

Add to that the 90,700 peacetime veterans who live in South Carolina and this State has more than 370,000 citizens who served in our nation's military.

That is something to be proud of. They are people to be proud of. They are veterans who, for the most part, formed their love of God and Country while growing up in your communities, large and small.

And I'm proud to say that the government of South Carolina hasn't turned its back on its veterans, particularly our "Greatest Generation," the survivors of World War II.

Today, millions of World War II veterans are growing old and passing from the scene. We lose a thousand of them every single day. Soon, these men and women who lived history, and made history, will be gone, and so will their wisdom and their memories.

That's why we build monuments...so, we will not forget...so we can say thank you...and so our children, and their children, will remember the price paid for the freedom we enjoy.

Yet, these men and women who saved our world from darkness and tyranny--this "Greatest Generation" has no monument. There is no World War II Memorial. But South Carolina is joining the American Legion and the rest of the nation to remedy that.

A monument will be built. Our World War II veterans will be honored. And that monument will be erected on 7.4 acres of the National Mall in Washington, D.C.

Situated directly between the Lincoln Memorial and the Washington Monument, the Memorial has been given a place of honor on one of the last great public spaces available in our Nation's Capitol.


Printed Page 1318 . . . . . Wednesday, February 23, 2000

It will be a place to reflect on the sacrifices made by a special generation of Americans; a tribute to the contributions of World War II survivors and to those who helped with the war effort back home.

Sixteen million Americans served in uniform during World War II. To put that number in perspective--to try to get our arms around our manpower commitment to the war--I'd like to compare 16 million to the population of South Carolina.

According to the most recent Bureau of Census report, 3.7 million people live in South Carolina.

Two hundred thousand patriots from South Carolina fought in World War II. That's nearly twice the entire population of Columbia.

There is a bill before you that will allow South Carolina to contribute 200 thousand dollars towards the 100 million dollar initial cost of the memorial. That is one dollar for each World War II veteran from this State. It is a tangible showing of appreciation for those living and dead from South Carolina who helped ensure freedom for the United States.

I know this bill is going to pass because it is the right thing to do, and because this State has a long history of remembering its heroes.

These heroes, regardless of the era in which they served, put on uniforms and served on bases and ships all over the world, saying to America, "You can sleep safely tonight, because I am standing vigilantly at my post." They left their homes and families to protect our nation and our way of life.

Now that these veterans have done their duty and come home, we must ensure that our State and National governments keep their commitments. We must say to our veterans, "You stood vigilantly at your post, and now that you're home and need assistance, we will take care of you and you will always have a place to sleep at night." Our veterans must know of our appreciation, and not only by way of a handshake or a hug.

Talk is cheap unless it is backed by action. If we shake a veteran's hand with one hand, and then close the door in his or her face with the other, what kind of message are we sending to these heroes?

New doors should be opened for our veterans, particularly those who are older and require specialized care.

We can do better than we are doing, and the time has come for our government to step forward and care for those who served...care for them as faithfully as they cared for us.

You, too, can say thanks to an elderly veteran who needs assistance, by building another South Carolina veterans home.


Printed Page 1319 . . . . . Wednesday, February 23, 2000

There are two veterans homes in this state now--the Richard Michael Campbell Veterans Nursing Home and the E. Roy Stone, Jr. Pavilion in Columbia.

The criteria for nursing home beds state that there should be 2.5 beds for every 1000 veterans.

With these two veterans homes operating now, there are 310 beds available.

However, as I mentioned, there are more than 370,000 veterans living in this State. To create the ratio of 2.5 beds for every 1,000 veterans, three 220-bed veterans' nursing homes need to be built. This would help to meet the long-term care requirements for your State's veterans.

Those who served this nation--when they were young and strong-deserve to be served now.

The American Legion is a 2.8 million member organization that is 25,000 strong here in South Carolina. Together with the American Legion Auxiliary and the Sons of the American Legion, we are all still serving our country.

We teach the tenets of government through American Legion Boys State and Boys Nation. The Auxiliary does the same thing in American Legion Auxiliary Girls State and Girls Nation.

We encourage young people to study and learn about our Constitution through the National High School Oratorical Contest.

We sponsor Scouting Units and American Legion Baseball teams that foster teamwork and dedication to duty.

We give medals to Junior ROTC cadets--young people who demonstrate the leadership potential that courses through the halls of our service academies and the Citadel.

In 1998, our South Carolina Department of the American Legion volunteered more than 10,000 hours in the local community.

They sponsored 750 Boys State members, while the auxiliary sponsored 400 Girls' State members. These Legionnaires sponsored 65 Law Cadet candidates in the South Carolina Criminal Justice system; sponsored more than 100 participants in Junior R-O-T-C shooting and donated 400 pints of blood.

Nationally, the American Legion successfully lobbied our government to pass a minimum 4.8 percent pay raise for active-duty military personnel.

There would be no GI Bill--and no cabinet level Department of Veterans Affairs--had there not been an American Legion.


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We support a new GI Bill--the GI Bill of Health. It will make the VA health care system accessible to all veterans and their families. Our plan will also provide new funding for the system, to keep the doors of those VA hospitals open.

Your record in South Carolina is strong. You have not failed those who served.

In the American Legion, we are similarly committed.

We WILL NOT fail those with whom we've served.

The American Legion remains an active organization dedicated to the preservation of American values and to fighting for the rights of our veterans and active duty military all over the world.

I know that you, as the representatives of this proud State known for it's many firsts, will keep veterans' care and rights second to none and first in the hearts and minds of South Carolinians.

I ask you, the elected representatives of South Carolina, to continue leading your State on a steady course in this new millennium and to be ever-vigilant in preserving the rights of those who have worn and those who continue to wear the uniform of the United States Armed Forces.

Thank you.

Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 p.m. the House resumed, the SPEAKER in the Chair.

RATIFICATION OF ACTS

At 12:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R213, S. 118 (Word version)) -- Senators Mescher and Reese: AN ACT TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT DOMESTICATED


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FERRETS FROM THE PROHIBITION, PROVIDE FOR VACCINATION OF FERRETS AGAINST RABIES, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

(R214, S. 126 (Word version)) -- Senators Passailaigue and Elliott: AN ACT TO AMEND SECTION 16-3-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF CERTAIN CONVICTED OFFENDERS FOR HEPATITIS B, SEXUALLY TRANSMITTED DISEASES, AND HUMAN IMMUNODIFICIENCY VIRUS (HIV), SO AS TO REQUIRE A SOLICITOR TO PETITION THE COURT FOR TESTING AFTER A PERSON HAS BEEN CHARGED WITH AN OFFENSE, IF REQUESTED BY THE VICTIM; TO ESTABLISH PROBABLE CAUSE THAT THE OFFENDER COMMITTED THE OFFENSE AND THAT BODY FLUIDS WERE TRANSMITTED AS THE CRITERIA FOR ISSUING THE ORDER; TO PROVIDE FOR THE DISCLOSURE OF THE TEST RESULTS TO LIMITED PERSONS, INCLUDING THE VICTIM, THE VICTIM'S ATTORNEY, AND THE OFFENDER'S ATTORNEY; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THE OFFENDER IF THE RESULTS ARE POSITIVE AND TO THE VICTIM, IF REQUESTED; TO AUTHORIZE FOLLOW-UP TESTING IF REQUESTED BY THE VICTIM AND IF THE INITIAL RESULTS ARE NEGATIVE; TO REQUIRE THE OFFENDER TO REIMBURSE THE STATE FOR COSTS OF THE TESTS IF THE OFFENDER IS CONVICTED OF THE CRIME; TO AUTHORIZE THE COURT TO ORDER THE COLLECTION OF ADDITIONAL SAMPLES OF BLOOD, SALIVA, AND HAIR FOR SCIENTIFIC TESTING IF THERE IS A SHOWING OF PROBABLE CAUSE THAT THE OFFENDER COMMITTED A CRIME; TO AUTHORIZE THE USE OF THESE SCIENTIFIC TESTS RESULTS IN ANY CRIMINAL PROCEEDING BUT TO PROHIBIT THE USE OF THE HEPATITIS B AND HIV TEST RESULTS CONDUCTED PURSUANT TO THIS ACT IN ANY CRIMINAL TRIAL OF THE OFFENDER; AND TO PROVIDE IMMUNITY FOR CIVIL AND CRIMINAL LIABILITY; AND TO REPEAL SECTION 16-15-255 RELATING TO TESTING OF CONVICTED OFFENDERS FOR


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CERTAIN SEX-RELATED OFFENSES, HEPATITIS B, SEXUALLY TRANSMITTED DISEASES, AND HIV.

(R215, S. 181 (Word version)) -- Senators Washington and Elliott: AN ACT TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM IN THE DEPARTMENT OF SOCIAL SERVICES TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE INCLUDING REQUIRING THE DEPARTMENT TO ATTEMPT TO IDENTIFY A FAMILY MEMBER WITH WHOM A FOSTER CHILD MAY BE PLACED, AND ESTABLISHING PROCEDURES AND ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A KINSHIP FOSTER PARENT; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE BEFORE THE FEDERAL BUREAU OF INVESTIGATION RESULTS ARE RECEIVED IF CERTAIN OTHER REPORTING REQUIREMENTS ARE MET.

(R216, S. 199 (Word version)) -- Senators J. V. Smith, Wilson, Giese and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAYCARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAYCARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAYCARE FACILITIES", "GROUP DAYCARE HOME", AND "FAMILY DAYCARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2840, AS AMENDED, RELATING TO REGISTRATION OF FAMILY


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DAYCARE HOMES, SO AS TO CLARIFY THAT THE OPERATOR OF THE DAYCARE CENTER ALSO MUST OCCUPY THE RESIDENCE; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAYCARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE; AND BY ADDING SECTION 20-7-2902 SO AS TO PROHIBIT THE DEPARTMENT FROM PRESCRIBING CURRICULA FOR DAYCARE STAFF TRAINING AND FOR CHILDREN'S DAYCARE ACTIVITIES AND TO PROVIDE EXCEPTIONS.

(R217, S. 372 (Word version)) -- Senators Anderson and Glover: AN ACT TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAYCARE CENTER EMPLOYMENT, SO AS TO PROVIDE THAT THE CLASS F FELONY OF DRIVING UNDER THE INFLUENCE DOES NOT PROHIBIT DAYCARE CENTER EMPLOYMENT IF THE PERSON HAS NOT BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OR OF AN ALCOHOL OR DRUG VIOLATION OR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE IN THIS OR ANY OTHER STATE FOR THE PREVIOUS


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TEN YEARS AND THE PERSON HAS COMPLETED AN ALCOHOL OR DRUG TREATMENT PROGRAM; TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE FOR DRIVING UNDER THE INFLUENCE MUST NOT DRIVE A VEHICLE IN THE COURSE OF HIS DUTIES OF EMPLOYMENT; AND TO PROVIDE THAT IF SUBSEQUENT TO EMPLOYMENT, A PERSON IS CONVICTED OF DRIVING UNDER THE INFLUENCE, THE PERSON'S EMPLOYMENT MUST BE TERMINATED.

(R218, S. 493 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 40-13-5, SECTIONS 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, ALL AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO PROVIDE FOR SENATE ADVICE AND CONSENT TO THE APPOINTMENTS OF MEMBERS OF THE STATE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.

(R219, S. 709 (Word version)) -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185 SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 56-1-292 SO AS TO PROVIDE FOR THE


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SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.

(R220, S. 764 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

(R221, S. 840 (Word version)) -- Senators Elliott and Ravenel: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.

(R222, S. 862 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R223, S. 1121 (Word version)) -- Senator Drummond: AN ACT TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.

(R224, H. 3335 (Word version)) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: AN ACT TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; AND TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION


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MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.

(R225, 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, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham-Richardson, 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: AN ACT TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 2000" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY-FIVE DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY DOLLARS; BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY AMENDING SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT ON OR AFTER JULY 1, 2001, A MAGISTRATE AT THE TIME OF HIS INITIAL APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER JULY 1, 2005, A MAGISTRATE AT THE TIME OF HIS INITIAL APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENTS OF A TWO-YEAR ASSOCIATE DEGREE AND FOUR-YEAR BACCALAUREATE DEGREE DO NOT APPLY TO A MAGISTRATE SERVING ON THE EFFECTIVE DATES OF THE REVISED REQUIREMENTS DURING THE MAGISTRATE'S TENURE IN OFFICE; BY ADDING SECTION 22-1-16, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL


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EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING 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; BY AMENDING 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; BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO INCREASE THE CIVIL JURISDICTION FROM FIVE THOUSAND TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; BY AMENDING 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; BY

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ADDING SECTION 22-8-45, SO AS TO AUTHORIZE COUNTIES WHICH ARE NOT ABLE TO PAY THE MAGISTRATES' BASE SALARY FROM THE FEE INCREASES TO APPLY TO THE STATE TREASURER'S OFFICE AND REQUEST REIMBURSEMENT FOR THE AMOUNT NOT COVERED; BY AMENDING SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS FROM TWENTY TO FORTY-ONE DOLLARS WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT; BY AMENDING SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS; TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO FORTY-ONE DOLLARS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM BY MARCH 15, 2001, AND TO FILE A REPORT BY MARCH 15, 2005, STATING WHETHER THE FEE INCREASES ADEQUATELY COVERED MAGISTRATES' SALARIES.

(R226, H. 3455 (Word version)) -- Reps. Lloyd, Clyburn, Parks, J. Hines, Scott, Bales, Taylor, Rutherford and M. Hines: AN ACT TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A SPECIAL IDENTIFICATION CARD.


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(R227, H. 3705 (Word version)) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: AN ACT TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER OR A NONVETERAN IF A VETERAN BEING CONSIDERED FOR THIS POSITION IS FOUND TO BE NOT AS QUALIFIED AS A VETERAN BEING CONSIDERED FOR THIS POSITION, TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL DETERMINE THE QUALIFICATIONS OF A COUNTY VETERANS AFFAIRS OFFICER, AND TO PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

(R228, H. 3994 (Word version)) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.

(R229, H. 4128 (Word version)) -- Rep. Bowers: AN ACT TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.

(R230, H. 4422 (Word version)) -- Reps. D. Smith and Littlejohn: AN ACT TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN


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SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.

(R231, H. 4472 (Word version)) -- Rep. Davenport: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

(R232, H. 4478 (Word version)) -- Rep. Fleming: AN ACT TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO CHANGE THE NAME OF CERTAIN VOTING PRECINCTS, DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

(R233, H. 4496 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.

(R234, H. 4523 (Word version)) -- Reps. Stille, Townsend and Carnell: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE


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THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.

(R235, H. 4524 (Word version)) -- Rep. Easterday: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4658 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO COMMEND DAVID GENE PEARSON, OF SPARTANBURG, KNOWN IN NATIONAL ASSOCIATION OF STOCK CAR AUTOMOBILE RACING CIRCLES (NASCAR) AND BY SPORTS WRITERS AND STOCK CAR AUTOMOBILE RACING ENTHUSIASTS AS "THE SILVER FOX", FOR HIS TRULY OUTSTANDING STOCK CAR RACING CAREER, AND HIS STERLING EXAMPLE OF SPORTSMANSHIP OVER MANY YEARS IN THE HIGHLY COMPETITIVE SPORT OF STOCK CAR RACING, AND TO CONGRATULATE HIM ON BEING NAMED BY SPORTS ILLUSTRATED AS THE TOP STOCK CAR DRIVER OF THE TWENTIETH CENTURY.

H. 4659 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND ERICA RYMER OF LEXINGTON COUNTY AND AN EIGHTH GRADER AT WHITE KNOLL MIDDLE SCHOOL AND REID COGGINS OF YORK COUNTY AND A SENIOR AT FORT MILL HIGH SCHOOL FOR THEIR SELECTIONS AS THE TWO TOP YOUTH VOLUNTEERS IN SOUTH CAROLINA FOR 2000


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AND TO CONGRATULATE THEM ON THEIR RECEIPT OF THE SILVER MEDALLION FROM THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM; AND TO PROUDLY RECOGNIZE THE FOUR OTHER SOUTH CAROLINA STUDENTS WHO WERE AWARDED BRONZE MEDALLIONS AS DISTINGUISHED FINALISTS IN THE PROGRAM: LESLEY FONDREN OF NORTH MYRTLE BEACH HIGH SCHOOL, MORYAH JENKINS OF RIDGE VIEW HIGH SCHOOL, MONICA LEMMOND OF CLOVER HIGH SCHOOL, AND KRISTA SHIRLEY OF LEXINGTON HIGH SCHOOL.

H. 4663 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF OUR BELOVED COLLEAGUE, THE HONORABLE CHARLES ANTHONY "TONY" HARRIS OF CHERAW, WHO DIED ON NOVEMBER 28, 1999.

H. 4666 (Word version) -- Reps. McKay, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard,


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Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE GENERAL ASSEMBLY TO JODY LANE OF JOHNSONVILLE, AND THREE OTHER RESCUERS FOR THEIR QUICK AND SELFLESS ACTIONS ON THE NIGHT OF JANUARY 15, 2000, IN FREEING A SERIOUSLY INJURED MOTORIST TRAPPED IN HIS BURNING VEHICLE AND RESCUING HIM IMMEDIATELY BEFORE THE VEHICLE EXPLODED INTO FLAMES.

H. 4667 (Word version) -- Reps. Whatley, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack, Seithel and Whipper: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MATILDA "TILLIE" FORRESTER DUNSTON OF NORTH CHARLESTON.

ADJOURNMENT

At 12:40 p.m. the House, in accordance with the motion of Rep. WHATLEY, adjourned in memory of Matilda Dunston of North Charleston, to meet at 10:00 a.m. tomorrow.

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