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


Printed Page 2679 . . . . . Thursday, March 30, 2000

Thursday, March 30, 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:

Lord, so soon now we will leave this place as we go on our homeward ways. But even while we are separated by miles, we know that You are near to each of us. Be with each as we travel; protect us from harm and danger. Grant to each one a happy homecoming, and during the recess from this place, give us the knowledge of Your constant companionship. May we take Your hand, and say in unlimited confidence "God is our refuge and strength," ever ready to help us wherever we are; whatever we do. Amen.

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

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

MOTION ADOPTED

Rep. RICE moved that when the House adjourns, it adjourn in memory of Nanette Lynne Yarid Benzing of Easley, which was agreed to.

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES

The following was received:

March 30, 2000
The Honorable J. Adam Taylor
P.O. Box 11867
Columbia, SC 29211


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Dear Adam:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4445 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Littlejohn, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Seithel, Cooper, Whatley, Tripp, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Frye, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon and Woodrum: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE OCTOBER 1, 2004, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO ALLOW A COUNTY BY ORDINANCE TO EXEMPT FOOD ITEMS FROM LOCAL SALES AND USE TAXES.
Ordered for consideration tomorrow.


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Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4444 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Whatley, Tripp, Cooper, Seithel, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon, Woodrum and Frye: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4338 (Word version) -- Reps. Wilkins, Robinson, Harrison, Sandifer, Quinn, Huggins, Lanford, Harrell, H. Brown, Barrett, Vaughn, Riser, Cooper, Cato, D. Smith, Haskins, Witherspoon, Townsend, Leach, Allison, Altman, Campsen, Chellis, Hinson, Klauber, Loftis, Rice, Rodgers, Taylor, Littlejohn, Cotty, Walker, Easterday, Kirsh, Gamble, McGee, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Ordered for consideration tomorrow.


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Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3090 (Word version) -- Reps. Altman and Rodgers: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Ordered for consideration tomorrow.


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Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4416 (Word version) -- Reps. Kelley, Robinson and Riser: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4818 (Word version) -- Reps. Harrell and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; AND TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM.
Ordered for consideration tomorrow.


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Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3875 (Word version) -- Reps. Robinson and H. Brown: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GENERAL TAX INCREASES OR NEW GENERAL TAXES IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR IN SUPPLEMENTAL APPROPRIATIONS ACTS, SO AS TO PROHIBIT IN SUCH ACTS ANY PERMANENT LAW PROVISIONS AFFECTING THE VARIOUS STATE RETIREMENT SYSTEMS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4842 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION RECOGNIZING MR. DANNY YOUNG OF RICHLAND COUNTY AND EXTENDING THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. YOUNG FOR HIS OUTSTANDING CONTRIBUTIONS TO THE EAST COLUMBIA DIXIE YOUTH BASEBALL AND SOFTBALL LEAGUE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4843 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION SALUTING AND THANKING JOHN H. DOWDLE OF LAURENS COUNTY FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE THORNWELL HOME FOR CHILDREN IN CLINTON, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

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


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CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1292 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO DECLARE APRIL 1-7, 2000, AS "CENSUS WEEK", AND APRIL 2, 2000, AS "CENSUS SUNDAY" IN SOUTH CAROLINA IN AN EFFORT TO MAKE CENSUS 2000 AS ACCURATE AS POSSIBLE FOR THE BENEFIT OF THE PALMETTO STATE.

Whereas, the organization "Plus Five and Because You Count" of the United States Census Bureau has invited everyone to participate in the "How America Knows What America Needs" campaign, which gives communities across the nation the opportunity to impact Census 2000 and, in doing so, to renew this country's sense of civic engagement; the initial and critical phase of the census is the delivery of census forms to millions of residences, asking that they be completed and mailed to the Census Bureau; and

Whereas, census data is the basis for the majority of federal grants and other revenues available to the Palmetto State over the next ten years; therefore, it is critical that South Carolina's census numbers properly reflect the citizenry of the State; and

Whereas, also, information from Census 2000 will form the basis for decisions on crucial issues such as reapportionment and redistricting for public offices, distribution of public funds for health care and education, and planning for both public and private entities, including counties, municipalities, and businesses; and

Whereas, all South Carolinians are urged to fill out their census forms and mail them back promptly so that this State can receive the greatest possible benefits and rewards. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares April 1-7, 2000, as "Census Week" and April 2, 2000, as "Census Sunday" in South Carolina in an effort to make


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Census 2000 as accurate as possible for the benefit of the Palmetto State.

Be it further resolved that a copy of this resolution be forwarded to Ms. Doris Green.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1295 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF HARRY LEE HOWARD OF NORTH AUGUSTA, ONE OF THE PALMETTO STATE'S LEADING BUSINESSMEN OF HIS DAY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 4844 (Word version) -- Reps. Wilkins, Harrison, Haskins, D. Smith, Harrell, Cato, Townsend, J. Brown and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO PROVIDE THAT ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO A COUNTY LEGISLATIVE DELEGATION WHICH AFFECT ONLY ONE COUNTY ARE DEVOLVED UPON THE GOVERNING BODY OF THAT COUNTY, AND TO PROVIDE THAT ALL POWERS, DUTIES, AND RESPONSIBILITIES OF LEGISLATIVE DELEGATIONS WITH REGARD TO STATEWIDE OR REGIONAL ENTITIES COMPRISING MORE THAN ONE COUNTY ARE DEVOLVED UPON THE APPROPRIATE COUNTY GOVERNING BODY OR BODIES FROM THOSE COUNTIES.
Referred to Committee on Judiciary


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H. 4845 (Word version) -- Reps. Stuart, Rodgers, Allison, Bailey, Battle, Bowers, J. Brown, Chellis, Cobb-Hunter, Dantzler, Davenport, Gamble, Gilham, Gourdine, Hayes, J. Hines, Hinson, Lee, Lourie, Mack, Maddox, Martin, McGee, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, Hosey, Parks, Pinckney, Rhoad, Riser, Simrill, Stille, Whipper, Young-Brickell and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-780 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, OFFICE OF INSURANCE SERVICES, TO PROVIDE CONTRACEPTIVE PRESCRIPTION COVERAGE UNDER THE STATE HEALTH PLAN.
Referred to Committee on Ways and Means

S. 962 (Word version) -- Senators Moore, J. V. Smith and Alexander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Referred to Committee on Labor, Commerce and Industry

S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
Referred to Committee on Ways and Means


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S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
Referred to Committee on Ways and Means

S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
Referred to Committee on Education and Public Works

S. 1088 (Word version) -- Senators Short and Matthews: A BILL TO AMEND SECTION 20-7-9710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST STEPS TO READINESS BOARD OF TRUSTEES, SO AS TO ADD TO THE MEMBERSHIP THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OR HIS DESIGNEE.
Referred to Committee on Education and Public Works

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND


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PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1140 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
Referred to Committee on Education and Public Works

S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: 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


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

S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
Referred to Committee on Education and Public Works

S. 1235 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT


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STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE CALENDAR YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.
Referred to Committee on Ways and Means

S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED, RELATING TO


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PRIORITY FOR THE DISTRIBUTION OF CLAIMS, SO AS TO REVISE THE PRIORITY AND TO INCLUDE CLAIMS OF THE FEDERAL GOVERNMENT, NOT OTHERWISE INCLUDED, AND TO INCLUDE CLAIMS OF GENERAL CREDITORS AND CERTAIN CLAIMS AGAINST AN INSURER FOR LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE; TO AMEND SECTION 38-33-90, AS AMENDED, RELATING TO REQUIRED REPORTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REVISE CERTAIN REPORTING REQUIREMENTS, TO REQUIRE ANNUAL FILING OF THE ANNUAL STATEMENT CONVENTION BLANK WITH A NATIONAL INSURANCE ASSOCIATION, AND TO PROVIDE IMMUNITY FROM LIABILITY TO THIS ASSOCIATION FOR COLLECTING, ANALYZING, AND DISSEMINATING THIS ANNUAL INFORMATION; TO AMEND SECTION 38-33-100, RELATING TO FINANCIAL REQUIREMENTS FOR ISSUANCE OF A HEALTH MAINTENANCE ORGANIZATION CERTIFICATE OF AUTHORITY, SO AS TO REVISE THE NET WORTH REQUIREMENT AND TO INCLUDE CERTAIN CAPITAL AND SURPLUS REQUIREMENTS; TO AMEND SECTIONS 38-45-20 AND 38-45-30, BOTH AS AMENDED, RELATING TO REQUIREMENTS FOR A RESIDENT AND NONRESIDENT, RESPECTIVELY, TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO ELIMINATE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND CERTIFICATION BY BROKERS AS THEY RELATE TO BROKER'S TAXES; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO PROCEDURES FOR PLACING INSURANCE WITH SURPLUS LINES INSURERS, SO AS TO DELETE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND PENALTIES AND PROCEDURES RELATING TO DISAPPROVAL; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF ALL INSURANCE POLICIES ISSUED OR SOLD IN THE STATE AND EXEMPTIONS FROM APPROVAL, SO AS TO REQUIRE AN OFFICER OF THE INSURER, RATHER THAN THE CHIEF EXECUTIVE OFFICER TO CERTIFY INFORMATION WHEN POLICIES ARE EXEMPT FROM THE APPROVAL PROCESS; TO ADD SECTIONS 38-63-660, 38-65-360, 38-69-330, AND 38-71-1760 ALL SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATING TO INDIVIDUAL LIFE INSURANCE,

Printed Page 2693 . . . . . Thursday, March 30, 2000

GROUP LIFE INSURANCE, INDIVIDUAL ANNUITIES, AND ACCIDENT AND HEALTH INSURANCE, RESPECTIVELY; TO AMEND SECTION 38-73-495, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DISAPPROVE PREVIOUSLY APPROVED RATES FOR WORKERS' COMPENSATION INSURANCE CLASSIFICATIONS AND REVISIONS OF THESE CLASSIFICATIONS, SO AS TO REQUIRE APPEALS OF THESE MATTERS TO THE DEPARTMENT WITHIN ONE YEAR OF THE POLICY EXPIRATION OR CANCELLATION DATE; TO AMEND SECTIONS 38-73-1370 AND 38-73-1380 BOTH, AS AMENDED, RELATING TO PROCEDURES FOR RATING ORGANIZATIONS TO FILE RATES AND PREMIUMS AND FOR APPROVAL OF FINAL RATE OR PREMIUM CHARGES, RESPECTIVELY, SO AS TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING IN CONNECTION WITH THESE MATTERS; TO AMEND SECTION 38-75-470, RELATING TO AN ADVISORY COMMITTEE TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCLUDE AS COMMITTEE MEMBERS REPRESENTATIVES OF THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION AND THE STATE FLOOD MITIGATION PROGRAM AND TO INCREASE THE DIRECTOR'S AND GOVERNOR'S APPOINTEES BY ONE; TO AMEND SECTION 38-75-480, RELATING TO A LOSS MITIGATION GRANT PROGRAM, SO AS TO AUTHORIZE PROVIDING TECHNICAL ASSISTANCE AND INFORMATION RESOURCES TO LOCAL GOVERNMENTS IN CONNECTION WITH DEVELOPING NATURAL HAZARD MITIGATION STRATEGIES; TO AMEND SECTION 38-77-125, RELATING TO INSURANCE COMPANY INFORMATION REQUIRED TO BE INCLUDED ON AUTOMOBILE INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT RESIDENT INSURANCE ADJUSTER INFORMATION MUST ALSO BE INCLUDED; AND TO REPEAL SECTION 38-47-80 RELATING TO REQUIRING A PROPERTY OR CASUALTY INSURANCE COMPANY TO MAINTAIN A RESIDENT ADJUSTER IN THE STATE.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2694 . . . . . Thursday, March 30, 2000

ROLL CALL

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

Allison                Askins                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, H.
Brown, J.              Canty                  Carnell
Cato                   Chellis                Clyburn
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hawkins
Hayes                  Hines, J.              Hinson
Hosey                  Howard                 Huggins
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Simrill                Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 30.

Douglas Jennings                  George Bailey
William Witherspoon               Mack Hines

Printed Page 2695 . . . . . Thursday, March 30, 2000

James Law                         Alex Harvin
Chuck Allen                       Doug Smith
Steve Lanford                     Ralph Davenport
John Altman                       Grady Brown
Todd Rutherford                   Robert Sheheen
Joseph Neal                       Gilda Cobb-Hunter
Bessie Moody-Lawrence             Larry Koon
Richard Quinn                     Lynn Seithel

Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILKES a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. TRIPP a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FLEMING a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 29.

SPECIAL PRESENTATION

Rep. OTT and the Orangeburg Delegation presented to the House the Calhoun County High School "Saints" Basketball Team, the 2000 Class AA State Champions, their coaches, staff and school officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 2696 . . . . . Thursday, March 30, 2000

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. 4797 (Word version)
Date:   ADD:
03/30/00   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 4797 (Word version)
Date:   ADD:
03/30/00   MCKAY

CO-SPONSOR ADDED

Bill Number:   H. 4526 (Word version)
Date:   ADD:
03/30/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4281 (Word version)
Date:   ADD:
03/30/00   KNOTTS

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
03/30/00   J. BROWN


Printed Page 2697 . . . . . Thursday, March 30, 2000

CO-SPONSOR REMOVED

Bill Number:   H. 4550 (Word version)
Date:   REMOVE:
03/30/00   W. MCLEOD

SENT TO THE SENATE

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

H. 4772 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO RELOCATION OF DISPLACED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1249 (Word version) -- Senators J. V. Smith and Russell: A BILL TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVILLE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.


Printed Page 2698 . . . . . Thursday, March 30, 2000

S. 1055 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TO RESTRICT THE USE OF FISHING DEVICES FOR SLADE'S LAKE IN EDGEFIELD COUNTY.

SPEAKER PRO TEMPORE IN CHAIR

ORDERED TO THIRD READING

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

H. 4771 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MARTIN explained the Joint Resolution.

H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE


Printed Page 2699 . . . . . Thursday, March 30, 2000

ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.

Rep. BREELAND explained the Bill.

H. 4839 (Word version) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

H. 4839--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 4839 (Word version) be read the third time tomorrow.

S. 23--POINT OF ORDER

The following Bill was taken up:

S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN


Printed Page 2700 . . . . . Thursday, March 30, 2000

INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.

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 PRO TEMPORE sustained the Point of Order.

S. 755--POINT OF ORDER

The following Bill was taken up:

S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR


Printed Page 2701 . . . . . Thursday, March 30, 2000

INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; AND TO REPEAL SECTION 44-23-50.

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 PRO TEMPORE sustained the Point of Order.

S. 95--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM


Printed Page 2702 . . . . . Thursday, March 30, 2000

THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11912AC00), which was adopted:
Amend the bill, as and if amended, Section 44-71-65 page 2, line 2 after /hospice/ by deleting /care/ and inserting /care/ so when amended Section 44-71-65 reads:
/"Section 44-71-65.   Notwithstanding any other provision of law, a hospice care facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities."/
Amend the bill further, Section 44-71-20(3) page 2, before /hospice/ by inserting /licensed/ so when amended Section 44-71-20(3) reads:
/   (3)   'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including, but not limited to, outpatient, and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.

Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members./
Amend the bill further, Section 44-71-20(4) page 3, line 2 after /a/ by inserting /licensed/ so when amended Section 44-71-20(4) reads:
/   (4)   'Hospice facility' means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician./
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 2703 . . . . . Thursday, March 30, 2000

Rep. M. HINES explained the amendment.
The amendment was then adopted.

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

H. 4684--POINT OF ORDER

The following Bill was taken up:

H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.

POINT OF ORDER

Rep. D. SMITH 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 PRO TEMPORE sustained the Point of Order.

H. 4634--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4634 (Word version) -- Reps. Hawkins, Allison, Davenport and Littlejohn: A BILL TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18289SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:


Printed Page 2704 . . . . . Thursday, March 30, 2000

/ SECTION 1.   Section 16-23-750 of the 1976 Code, as added by an unnumbered act signed by the Governor on March 7, 2000, which bears Ratification Number 242, is amended to read:

"Section 16-23-750.     A person who communicates a threat or conveys false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with, employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one three year years nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five seven years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted. The minimum sentences provided in this section are mandatory minimum terms of imprisonment, no part of which may be suspended or probation granted. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive work credits, education credits, good conduct credits, or other credits that would reduce the mandatory minimum term of imprisonment required by this section." /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4393--POINT OF ORDER

The following Bill was taken up:

H. 4393 (Word version) -- Reps. Jennings and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE MUST FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS


Printed Page 2705 . . . . . Thursday, March 30, 2000

SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.

POINT OF ORDER

Rep. HAMILTON 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 PRO TEMPORE sustained the Point of Order.

H. 4281--POINT OF ORDER

The following Bill was taken up:

H. 4281 (Word version) -- Reps. Rodgers and Knotts: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS CONTAINED IN THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" WHICH AUTHORIZES PERMITS TO BE ISSUED TO SPECIFIED RESIDENTS TO CARRY CONCEALED WEAPONS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT" TO INCLUDE AN INDIVIDUAL WHO POSSESSES A VALID SOUTH CAROLINA VOTER REGISTRATION CARD OR A VALID SOUTH CAROLINA DRIVER'S LICENSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18235CM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 23-31-210(1) of the 1976 Code, as added by Act 464 of 1996, is amended to read:

"(1)   'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."


Printed Page 2706 . . . . . Thursday, March 30, 2000

SECTION   2.   Section 23-31-215(F)(3) of the 1976 Code, as added by Act 464 of 1996, is amended to read:

"(3)   he has either been is a resident of this State for at least twelve months preceding the date of his application or he is military personnel on permanent change of station orders; and"
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. SCOTT 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 PRO TEMPORE sustained the Point of Order.

H. 4526--POINT OF ORDER

The following Bill was taken up:

H. 4526 (Word version) -- Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins, Woodrum and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.


Printed Page 2707 . . . . . Thursday, March 30, 2000

POINT OF ORDER

Rep. EASTERDAY 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 PRO TEMPORE sustained the Point of Order.

H. 4783--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

H. 4783 (Word version) -- Reps. Harris, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.


Printed Page 2708 . . . . . Thursday, March 30, 2000

MOTION REJECTED

Rep. J. BROWN moved that the House recur to the morning hour, which was rejected by a division vote of 20 to 25.

SPEAKER IN CHAIR

H. 3056--DEBATE ADJOURNED

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

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3699--RECONSIDERED AND DEBATE ADJOURNED

Rep. HARRELL moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Joint Resolution until Wednesday, April 5, which was agreed to:

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

Rep. HARRELL moved to adjourn debate on the Senate Amendments until Tuesday, May 9, which was agreed to.


Printed Page 2709 . . . . . Thursday, March 30, 2000

H. 3419--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

Rep. KLAUBER explained the Senate Amendments.

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

H. 3555--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON


Printed Page 2710 . . . . . Thursday, March 30, 2000

TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.

Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11948AC00), which was adopted:
Amend the bill, as and if amended, Section 16-3-85(B)(1) page 1, line 37 after /act/ by inserting /or omission/.
Amend the bill further, by deleting Section 16-3-95(D) on page 2 lines 38 through 43 and on page 3, lines 1 through 4 and inserting:
/(D)   This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child./
Renumber sections to conform.
Amend totals and title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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


Printed Page 2711 . . . . . Thursday, March 30, 2000

PRINCIPAL ACTIVITIES OF THE UNION OR ORGANIZATION ARE PORTS RELATED.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 4846 (Word version) -- Reps. Riser, Koon, Knotts, Huggins, Stuart, Gamble and Frye: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LEXINGTON HIGH SCHOOL "WILDCATS" BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, APRIL 6, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999-2000 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lexington High School "Wildcats" Basketball Team, coaches, and other school officials on Thursday, April 6, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999-2000 Class AAAA State Basketball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4847 (Word version) -- Reps. J. Brown, Cobb-Hunter, Howard, Rutherford, J. H. Neal and Scott: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SARAH BARKER STEVENSON, A LOYAL, DEDICATED, AND HARD-WORKING EMPLOYEE OF THE HOUSE OF REPRESENTATIVES WHO IS RETIRING AT THE


Printed Page 2712 . . . . . Thursday, March 30, 2000

END OF THIS MONTH, AND TO WISH HER THE VERY BEST IN THE ACTIVE LIFE SHE WILL LEAD IN HER RETIREMENT.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4848 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-12 SO AS TO AUTHORIZE A COUNTY TREASURER TO APPOINT AN EMPLOYEE AS DEPUTY TREASURER TO ACT ON BEHALF OF THE TREASURER UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 12-39-40, RELATING TO THE AUTHORITY OF A COUNTY AUDITOR TO APPOINT A CHIEF CLERK TO DISCHARGE THE DUTIES AND RESPONSIBILITIES OF THE AUDITOR UNDER CERTAIN CONDITIONS, SO AS TO AUTHORIZE AN AUDITOR TO APPOINT A DEPUTY AUDITOR UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary

H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Referred to Committee on Labor, Commerce and Industry

H. 3056--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE


Printed Page 2713 . . . . . Thursday, March 30, 2000

EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18297SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 8 and inserting:
/ SECTION   8.   Section 34-11-90(a)(3) and (4), as last amended by an unnumbered act of 2000 bearing Ratification No. 225, is further amended to read:

"(3)   for a second or subsequent conviction, if the amount of the instrument is five hundred dollars or less, by a fine of two hundred dollars or by imprisonment for not more than thirty days;

(4)   for a second or subsequent conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less more than five hundred dollars or by imprisonment for not less more than thirty days, or both. " /
Renumber sections to conform.
Amend title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

MOTION PERIOD

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

S. 139--AMENDED AND ORDERED TO THIRD READING

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


Printed Page 2714 . . . . . Thursday, March 30, 2000

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11769AC00), which was adopted:
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.
The amendment was then adopted.

Rep. WILDER proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11802AC00), which was adopted:
Amend the bill, as and if amended, Section 44-32-40 page 4, line 2, Section 44-32-100 page 6, line 23, and SECTION 2 page 7, line 9 by deleting /July 1, 2000/ and inserting /October 1, 2000/.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. MACK explained the Bill.

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

Yeas 72; Nays 17


Printed Page 2715 . . . . . Thursday, March 30, 2000

Those who voted in the affirmative are:
Askins                 Bailey                 Bales
Barfield               Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Cato                   Chellis                Cotty
Dantzler               Edge                   Emory
Frye                   Gamble                 Gourdine
Govan                  Hamilton               Harvin
Haskins                Hawkins                Hayes
Hines, J.              Hines, M.              Hosey
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Klauber
Knotts                 Koon                   Lanford
Law                    Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Neal, J.M.             Ott                    Parks
Phillips               Pinckney               Rhoad
Riser                  Robinson               Rodgers
Rutherford             Sharpe                 Smith, F.
Smith, J.              Smith, R.              Stuart
Taylor                 Townsend               Vaughn
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum

Total--72

Those who voted in the negative are:

Allison                Barrett                Cooper
Davenport              Delleney               Easterday
Gilham                 Hinson                 Kirsh
Littlejohn             Meacham-Richardson     Miller
Rice                   Simrill                Stille
Trotter                Young-Brickell

Total--17

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


Printed Page 2716 . . . . . Thursday, March 30, 2000

OBJECTION TO MOTION

Rep. J. BROWN asked unanimous consent that S. 139 (Word version) be read a third time tomorrow.
Rep. SIMRILL objected.

H. 4550--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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, Meacham-Richardson, Moody-Lawrence, Perry, Phillips, Quinn, Rodgers, J. Smith, R. Smith, Stille, Tripp, Trotter, Walker, Webb, Wilder, Young-Brickell, Neilson, Emory, J. M. Neal and Knotts: 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.

Reps. NEILSON, LUCAS and J. HINES proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11811AC00), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-8-80 and inserting:
/   Section 40-8-80.   (A)   The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D), which was adopted:

(1)   a license fee of $825.00, annually;

(2)   an application fee of $250.00.

(B)   Notwithstanding subsection (A), the fees for a cemetery in existence on July 1, 2000, which consists of less than ten acres of land are as follows:


Printed Page 2717 . . . . . Thursday, March 30, 2000

(1)   a license fee of $400.00, annually;

(2)   an application fee of $250.00.

(C)   The license period is from January 1 through December 31.

(D)   Failure to renew a license by the December 31 renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January 31. Delinquent renewal requests not postmarked on or before January 31 require that a new application be submitted under the guidelines in effect for the current period.

(E)   All fees are nonrefundable./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. FRYE, KOON, RISER, HOSEY and KNOTTS proposed the following Amendment No. 4 (Doc NameGJKAMEND\21058SOM00), which was tabled:
Amend the bill, as and if amended, in Section 40-8-90(A)(4)(c) as contained in SECTION 1, by striking lines 11 -15 on page 20 and inserting:
/ which must contain not less than fifteen acres, and may not sell, mortgage, lease, or encumber it. /
Amend the bill further, in Section 40-8-120(A), as contained in SECTION 1, page 25, line 27, by striking / thirty / and inserting /fifteen/
Renumber sections to conform.
Amend title to conform.

Rep. FRYE explained the amendment.
Rep. LAW spoke against the amendment.

Rep. LAW moved to table the amendment, which was agreed to.

Rep. LAW proposed the following Amendment No. 5 (Doc Name COUNCIL\SKB\AMEND\18244SOM00), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 27 - 32 and inserting:

/SECTION   1.   Chapter 55, Title 39 of the 1976 Code is amended to read:


Printed Page 2718 . . . . . Thursday, March 30, 2000

"CHAPTER 55
Cemeteries/

Amend the bill further, as and if amended, page 14, line 40, by inserting:

/Title 40 of the 1976 Code is amended by adding:

"CHAPTER 8
Perpetual Care Cemeteries /

Renumber sections to conform.

Amend title to conform.

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

Reps. KNOTTS, SANDIFER and WHATLEY proposed the following Amendment No. 6 (Doc Name SWB\AMEND\5103DJC00), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 29, line 6 by adding:
/   "Section 40-8-240.   Except as provided in Section 40-8-200, no person including a cemetery company is permitted to establish a new public cemetery unless it is a perpetual care cemetery that meets all requirements of this chapter." /
Amend title to conform.
Renumber sections to conform.

Rep. SANDIFER explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 6 was out of order in that Amendment No. 6 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted by a division vote of 24 to 15.

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name COUNCIL\NBD\AMEND\11938AC00), which was adopted:
Amend the bill, as and if amended, Section 40-8-100(C), page 21, line 22 before /However/ by inserting:
/The owner must also include in this posting a statement explaining that it is acceptable to purchase memorials and merchandise from


Printed Page 2719 . . . . . Thursday, March 30, 2000

vendors other than the cemetery if the items meet the reasonable policies and procedures established for those items by the cemetery./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KIRSH proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\AMEND\11937AC00), which was adopted:
Amend the bill, as and if amended, Section 40-8-100, page 22, immediately after line 29 by inserting:
/(I)   Owners must provide, prior to any purchase, a written listing of the costs associated with all merchandise, memorials, services, and space for deceased persons offered by the cemetery./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. SANDIFER spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.

Rep. SANDIFER moved to table the amendment.

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

Yeas 17; Nays 69

Those who voted in the affirmative are:

Allison                Cato                   Chellis
Cotty                  Gamble                 Hayes
Koon                   Lanford                Law
Lucas                  McGee                  Meacham-Richardson
Neilson                Sandifer               Sharpe
Walker                 Webb

Total--17

Those who voted in the negative are:

Allen                  Altman                 Bailey
Bales                  Barrett                Brown, G.

Printed Page 2720 . . . . . Thursday, March 30, 2000

Brown, H.              Brown, J.              Carnell
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Gilham                 Gourdine               Hamilton
Harrell                Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Jennings
Kirsh                  Klauber                Knotts
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Mack                   Martin
McCraw                 McLeod, W.             McMahand
Miller                 Neal, J.M.             Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Seithel
Sheheen                Simrill                Smith, D.
Smith, J.              Stille                 Stuart
Taylor                 Townsend               Vaughn
Whatley                Whipper                Wilder
Witherspoon            Woodrum                Young-Brickell

Total--69

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 9 (Doc Name COUNCIL\NBD\AMEND\11936AC00), which was tabled:
Amend the bill, as and if amended, Section 40-8-90, page 20, by deleting subsection (C) on lines 27 through 35.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. MEACHAM-RICHARDSON spoke against the amendment.

Rep. CATO moved to table the amendment.


Printed Page 2721 . . . . . Thursday, March 30, 2000

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

Yeas 62; Nays 21

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Bowers                 Brown, H.
Brown, J.              Carnell                Cato
Chellis                Clyburn                Dantzler
Edge                   Emory                  Frye
Gamble                 Gourdine               Harrell
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hinson
Huggins                Inabinett              Jennings
Keegan                 Kennedy                Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limehouse
Lucas                  McGee                  McMahand
Meacham-Richardson     Neal, J.M.             Neilson
Perry                  Phillips               Rhoad
Riser                  Rodgers                Sandifer
Seithel                Simrill                Smith, D.
Smith, F.              Smith, R.              Stuart
Taylor                 Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Allen                  Barrett                Davenport
Delleney               Easterday              Hamilton
Hines, M.              Hosey                  Kirsh
Leach                  Littlejohn             Lloyd
Lourie                 McLeod, W.             Parks
Pinckney               Rice                   Smith, J.
Stille                 Whipper                Wilder

Total--21

So, the amendment was tabled.


Printed Page 2722 . . . . . Thursday, March 30, 2000

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

Yeas 84; Nays 7

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Brown, G.              Brown, H.
Brown, J.              Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hayes
Hines, J.              Hinson                 Hosey
Jennings               Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McMahand
Miller                 Neal, J.M.             Neilson
Ott                    Perry                  Phillips
Rhoad                  Rice                   Riser
Sandifer               Seithel                Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--84


Printed Page 2723 . . . . . Thursday, March 30, 2000

Those who voted in the negative are:
Frye                   Huggins                Lloyd
McLeod, W.             Parks                  Pinckney
Whipper

Total--7

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

STATEMENT FOR THE JOURNAL

I abstained from voting on H. 4550 because my family is involved in the cemetery business. While this may not constitute a conflict of interest under S.C. law, I support H. 4550 and believe it is needed in our State.
Rep. Alfred B. Robinson, Jr.

RECORD FOR VOTING

I was temporarily out of the Chamber and would have voted in favor of H. 4550.
Rep. Becky Meacham-Richardson
Rep. Herb Kirsh

H. 4127--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted:

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 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


Printed Page 2724 . . . . . Thursday, March 30, 2000

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.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 30, 2000

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for both Houses today for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. HASKINS the invitation was accepted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4850 (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, Harris, 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,


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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 RECOGNIZE THE WEEK OF MAY 1-5, 2000, AS "ASSOCIATION WEEK", AS PROCLAIMED BY GOVERNOR JAMES H. HODGES, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

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

INTRODUCTION OF BILLS

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

H. 4851 (Word version) -- Reps. Harrell, Wilkins, Harrison, Knotts, Riser, Allison, G. Brown, Dantzler, Frye, Gilham, Haskins, Hawkins, Hinson, Keegan, Kelley, Klauber, Law, Littlejohn, McKay, Meacham-Richardson, Rice, Robinson, Rodgers, Sharpe, R. Smith, Taylor, Trotter, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOBS TAX CREDIT, SO AS TO INCLUDE AND DEFINE A "TECHNOLOGY INTENSIVE FACILITY" AS A QUALIFYING FACILITY; TO ADD SECTION 12-6-3415 SO AS TO PROVIDE AN INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENDITURES; TO AMEND SECTION 12-10-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT FOR THE ENTERPRISE ZONE ACT OF 1995, SO AS TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES; TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR THE ENTERPRISE ZONE ACT, SO AS TO DEFINE "TECHNOLOGY EMPLOYEE"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO A JOB DEVELOPMENT CREDIT UNDER THE ENTERPRISE ZONE ACT, SO AS TO INCLUDE EMPLOYEE RELOCATION EXPENSES ASSOCIATED WITH NEW OR EXPANDED TECHNOLOGY INTENSIVE FACILITIES AND RETRAINING EXPENSES FOR TECHNOLOGY EMPLOYEES; TO


Printed Page 2726 . . . . . Thursday, March 30, 2000

AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO MAXIMUM SALES AND USE TAX, SO AS TO DELETE THE CAP ON TAX FOR THE SALE OR USE OF MACHINERY FOR RESEARCH OR DEVELOPMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE SALES TAX AND PROPERTY TAX MACHINES USED DIRECTLY AND PRIMARILY FOR RESEARCH AND DEVELOPMENT.
Referred to Committee on Ways and Means

H. 4852 (Word version) -- Reps. Neilson, Frye, Gamble, J. Hines, M. Hines, Hosey, Howard, Kelley, Lucas, Scott and Stuart: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE HOMESTEAD EXEMPTION SHALL BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
On motion of Rep. NEILSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4853 (Word version) -- Reps. Townsend, Hayes, Allen, Maddox, Martin, W. McLeod, Sharpe, Stille and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE


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AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Referred to Committee on Education and Public Works

H. 4854 (Word version) -- Reps. Robinson, Koon, Limehouse, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Frye, Gamble, Gilham, Hamilton, Harrell, Harvin, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MOTOR VEHICLE PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLE AND MOTORCYCLES WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
Referred to Committee on Ways and Means

H. 4855 (Word version) -- Rep. R. Smith: A BILL TO AMEND SECTION 4-12-10 AND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF FEES IN LIEU OF TAXES AND THE APPLICATION OF THE FEE TO ELIGIBLE PROJECTS, SO AS TO EXTEND THE BENEFITS OF SUCH FEE AGREEMENTS TO SPONSORS AND SPONSOR AFFILIATES OF THE PROJECTS RATHER THAN A SINGLE ENTITY, AND TO ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO INVESTORS,


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AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS; AND TO AMEND SECTIONS 12-44-30, 12-44-120, AND 12-44-130, RELATING TO DEFINITIONS, TRANSFER OF INTERESTS, AND MINIMUM INVESTMENT REQUIREMENTS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ELIMINATE THE SINGLE ENTITY REQUIREMENT FOR A SPONSOR AND ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO SPONSORS AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS.
Referred to Committee on Ways and Means

H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 4857 (Word version) -- Reps. Walker and Allison: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS TO MRS. GLORIA COLEMAN OF LYMAN, SOUTH CAROLINA, SOCIAL STUDIES TEACHER AT O. P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH


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CAROLINA, FOR BEING SELECTED AS THE NATIONAL WINNER OF THE VETERANS OF FOREIGN WARS NATIONAL CITIZENSHIP EDUCATION TEACHER AWARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4858 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION RECOGNIZING MR. JIMMY HOWARD NEWSOM OF DARLINGTON COUNTY FOLLOWING HIS RETIREMENT AS SUPERINTENDENT OF THE DARLINGTON COUNTY SCHOOL DISTRICT AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

HOUSE STANDS AT EASE

Rep. MARTIN moved that the House stand at ease until the Ratification of Acts and thereafter stand adjourned, which was adopted.

RATIFICATION OF ACTS

At 12:15 p.m. the House attended in the Senate Chamber, where the following Act was duly ratified:

(R. 260, S. 1055)-- Senator Moore: AN ACT TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TO RESTRICT THE USE OF FISHING DEVICES FOR SLADE LAKE IN EDGEFIELD COUNTY.


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4756 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN ORANGEBURG COUNTY IN HONOR OF DR. M. MACEO NANCE, JR., PRESIDENT EMERITUS OF SOUTH CAROLINA STATE UNIVERSITY, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

H. 4834 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION TO CONGRATULATE ALAN WARNER OF PICKENS UPON HIS RECEIPT OF THE "SPECIAL RECOGNITION FOR OUTSTANDING VOLUNTEERISM AWARD" PRESENTED BY THE SOUTH CAROLINA FEDERATION OF MUSEUMS.

H. 4835 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS COUNTY MUSEUM OF ART AND HISTORY UPON ITS RECEIPT OF THE "HISTORIC PRESERVATION HONOR AWARD" PRESENTED BY THE PALMETTO TRUST FOR HISTORIC PRESERVATION.

H. 4840 (Word version) -- Reps. Sharpe, Clyburn, Perry and R. Smith: A CONCURRENT RESOLUTION SALUTING AND THANKING DR. ROBERT E. ALEXANDER FOR HIS OUTSTANDING AND DEDICATED SERVICE AS CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AIKEN, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

H. 4842 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION RECOGNIZING MR. DANNY YOUNG OF RICHLAND COUNTY AND EXTENDING THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. YOUNG FOR HIS OUTSTANDING CONTRIBUTIONS TO THE EAST


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COLUMBIA DIXIE YOUTH BASEBALL AND SOFTBALL LEAGUE.

ADJOURNMENT

At 12:30 p.m. the House, in accordance with the motion of Rep. RICE, adjourned in memory of Nanette Lynne Yarid Benzing of Easley, to meet at 10:00 a.m. tomorrow.

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