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


Printed Page 4522 . . . . . Wednesday, May 24, 2000

Wednesday, May 24, 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:

Almighty God, from Whom comes wisdom and strength, grant these gifts to us as we face the waiting tasks of this day. May moral virtues and spiritual values reign supreme in our lives. Give to us an abundant measure of courage, faith and vision. Save us from littleness at a time that demands greatness, from pettiness at a time when high principles are needed, from narrow views in a period that cries out for wide concern. Help us to be true to the best. To this we commit ourselves this day. 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. ROBINSON moved that when the House adjourns, it adjourn in memory of Samuel J. Duckett, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

S. 1385 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS ALONG THE NORTHBOUND AND SOUTHBOUND LANES OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY CONTAINING THE WORDS "JUANITA M. WHITE CROSSWALK" AT THE POINT WHERE THE HIGHWAY PASSES UNDER THE CROSSWALK.
Ordered for consideration tomorrow.


Printed Page 4523 . . . . . Wednesday, May 24, 2000

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

S. 389 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.
Ordered for consideration tomorrow.

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

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.
Ordered for consideration tomorrow.

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

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CRAPE MYRTLE" AS THE OFFICIAL STATE SHRUB.
Ordered for consideration tomorrow.

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

S. 1048 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 53 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 4524 . . . . . Wednesday, May 24, 2000

BY ADDING SECTION 53-3-120, SO AS TO ESTABLISH THE THIRD SATURDAY IN FEBRUARY EACH YEAR AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.
Ordered for consideration tomorrow.

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

S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.
Ordered for consideration tomorrow.

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

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE


Printed Page 4525 . . . . . Wednesday, May 24, 2000

VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5128 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE


Printed Page 4526 . . . . . Wednesday, May 24, 2000

BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5129 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5130 (Word version) -- Reps. Riser, Koon, Knotts and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON GIRLS SOFTBALL TEAM FOR WINNING THE CLASS AAAA GIRLS STATE SOFTBALL CHAMPIONSHIP.

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

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bowers                 Breeland
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Cobb-Hunter            Cotty
Dantzler               Delleney               Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell

Printed Page 4527 . . . . . Wednesday, May 24, 2000

Harrison               Harvin                 Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Law                    Leach
Lee                    Limehouse              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
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Sharpe
Sheheen                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Trotter
Vaughn                 Walker                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum

STATEMENT OF ATTENDANCE

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

Michael Easterday                 William Clyburn
Gary Simrill                      Clementa Pinckney
Daniel Tripp                      Ronald Townsend
Annette Young-Brickell            Richard Quinn
Ralph Davenport                   Daniel Cooper
Joseph Neal                       Terry Haskins
Theodore Brown                    Steve Lanford
Douglas Jennings                  Harry Askins
Bessie Moody-Lawrence             George Bailey
Anthony Harris                    Larry Koon
Leon Howard                       Grady Brown
Lynn Seithel

Total Present--122


Printed Page 4528 . . . . . Wednesday, May 24, 2000

LEAVE OF ABSENCE

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

SPECIAL PRESENTATION

Rep. HUGGINS and the Lexington Delegation presented to the House the Irmo High School "Yellow Jackets" Boys Soccer Team, the 2000 Class 4-A Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. MILLER presented to the House the Waccamaw High School Warriors Golf Team, the Class A State Champions, their coaches and other school officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Mohammed Yousufuddin of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 5015 (Word version)
Date:   ADD:
05/24/00   CAMPSEN


Printed Page 4529 . . . . . Wednesday, May 24, 2000

ORDERED TO THIRD READING

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

H. 5110 (Word version) -- Reps. Rodgers, Gilham and Lloyd: A BILL TO AMEND ACT 583 OF 1994, RELATING TO THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL DESIGNATE THE CHAIRMAN AND THE VICE-CHAIRMAN OF THE BOARD, AND TO PROVIDE FOR THE VICE-CHAIRMAN TO PRESIDE IN THE ABSENCE OF THE CHAIRMAN AND ASSUME THE CHAIRMANSHIP WHEN THE POSITION BECOMES VACANT.

H. 5112 (Word version) -- Rep. Rodgers: A BILL TO AUTHORIZE THE BEAUFORT COUNTY TRANSPORTATION COMMITTEE TO EXPEND ONE THOUSAND FIVE HUNDRED DOLLARS FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE, TO PROVIDE FOR A LIMIT ON THE NUMBER OF TERMS A MEMBER MAY BE APPOINTED, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY REPLACE A MEMBER WHO RESIGNS OR DOES NOT ATTEND A CERTAIN NUMBER OF MEETINGS IN A FISCAL YEAR.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.

S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR


Printed Page 4530 . . . . . Wednesday, May 24, 2000

THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE


Printed Page 4531 . . . . . Wednesday, May 24, 2000

FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.

S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.

S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE


Printed Page 4532 . . . . . Wednesday, May 24, 2000

FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.

H. 4961--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE


Printed Page 4533 . . . . . Wednesday, May 24, 2000

LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

S. 1279 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACIITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.

S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.

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


Printed Page 4534 . . . . . Wednesday, May 24, 2000

"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.

S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.

SENT TO THE SENATE

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

H. 5095 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO OPTIONAL STATE SUPPLEMENTATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5101 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED


Printed Page 4535 . . . . . Wednesday, May 24, 2000

AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

H. 5102 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

H. 5025--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted:

H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.


Printed Page 4536 . . . . . Wednesday, May 24, 2000

S. 935--DEBATE ADJOURNED

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

S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.

H. 5045--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, May 25, which was adopted:

H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

S. 1042--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9678HTC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:


Printed Page 4537 . . . . . Wednesday, May 24, 2000

/ SECTION   __.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding an appropriately numbered item at the end to read:

"( )   the South Carolina Sheriff's Association." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. ROBINSON moved to table the amendment, which was rejected.

The amendment was then adopted by a division vote of 26 to 19.

The Ways and Means Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\2137DW00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding an appropriately numbered item at the end to read:

"( )   the Pee Dee Regional Airport District." /
Renumber sections to conform.
Amend title to conform.

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

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

ORDERED TO THIRD READING

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

H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J. M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson,


Printed Page 4538 . . . . . Wednesday, May 24, 2000

Rodgers, Simrill, Stille, Taylor, Whatley, Wilder, Stuart and W. McLeod: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND PROVIDE TO WHOM THE COMMITTEE'S RECOMMENDATIONS MUST BE MADE BY OCTOBER 1, 2000.

Rep. RISER explained the Joint Resolution.

S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.

Rep. MCKAY explained the Bill.

H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M. HINES explained the Joint Resolution.


Printed Page 4539 . . . . . Wednesday, May 24, 2000

H. 5015--DEBATE ADJOURNED

The following Bill was taken up:

H. 5015 (Word version) -- Reps. Kelley, Harrell, Haskins and Campsen: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.

Rep. RISER explained the Bill.

Rep. W. MCLEOD moved to adjourn debate on the Bill until Thursday, May 25, which was agreed to.

S. 544--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-


Printed Page 4540 . . . . . Wednesday, May 24, 2000

HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

Reps. HARRISON, ALTMAN, R. SMITH, SHARPE, EASTERDAY, HARRELL, HAMILTON, RUTHERFORD, F. SMITH, SCOTT, TRIPP, COTTY, W. MCLEOD and QUINN requested debate on the Bill.

S. 916--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12114AC00), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered Sections to read:
/SECTION   __.   Section 44-53-250 of the 1976 Code, as last amended by Act 456 of 1994, is amended by adding at the end:

"( )   Butorphanol"
SECTION   __.   Section 44-53-360(c) and (e) of the 1976 Code are amended to read:

"(c)   No controlled substances included in any schedule may be distributed or dispensed for other than a medical purpose. No practitioner shall may dispense any a Schedule II narcotic controlled substance for the purpose of maintaining the addiction of a narcotic dependent person outside of a facility or program approved by the South Carolina Methadone Council Department of Heath and Environmental Control. No practitioner shall may dispense any a controlled substances substance outside of a bona fide physician-patient practitioner-patient relationship. No practitioner shall dispense any controlled substance for any use other than the uses approved by the Federal Food and Drug Administration or unless an investigation of new drug application for the substance has been


Printed Page 4541 . . . . . Wednesday, May 24, 2000

obtained and approved by the Federal agency and a copy thereof filed with the Department.
Provided , that the labelling required under federal law to accompany certain drug products (commonly known in the medically related professions as the "package insert") shall be prima facie evidence of the approved uses for such drug, unless otherwise specifically provided by statute or regulation of the Department or the State Board of Medical Examiners, and such labelling shall be admissible as evidence in any judicial or administrative proceeding for the sole purpose of demonstrating the approved uses for such drug. In the event that there has been a change in labeling for a particular drug product, the content of the labelling which was current with the manufacturer of the drug product at the time of the incident from which the judicial or administrative action arises, shall be deemed to contain the "approved use" of the drug product within the meaning of this section. Nothing in this section shall be deemed to modify any of the provisions of Section 40-47-65.

(e) Prescriptions for controlled substances in Schedules II through V, inclusive, shall must not exceed one hundred twenty twenty-four dosage units or a thirty-day thirty-one day supply in accordance with dosage instructions, whichever quantity is the lesser. Prescriptions for Schedule II substances shall must be dispensed within thirty days of the date of issue, after which time they shall be deemed are void."
SECTION   __.   Section 44-53-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 44-53-710.   The South Carolina Department of Health and Environmental Control shall have has exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."
SECTION   __.   Section 44-53-720 of the 1976 Code is amended to read:

"Section 44-53-720.   Methadone and its salts are restricted to:

(a)(1)   To use in treatment, maintenance, or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health as approved by the Department of Health and Environmental Control.


Printed Page 4542 . . . . . Wednesday, May 24, 2000

(b)(2)   To dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control.

(3)   dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5."
SECTION   __.   Section 44-53-730 of the 1976 Code is amended to read:

"Section 44-53-730.   No supplier, distributor, or manufacturer shall may sell or distribute methadone or its salts to anyone other than a facility licensed by the Department of Health and Environmental Control or the South Carolina Department of Mental Health an entity for use, except as provided for in Section 44-53-720."
SECTION   __.   Section 44-53-740 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 44-53-740.   The Board of the Department of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 1169--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY


Printed Page 4543 . . . . . Wednesday, May 24, 2000

COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12128AC00), which was adopted:
Amend the bill, as and if amended, Section 40-47-925(A) page 3, line 6 by deleting /eight/ and inserting /nine/; and on line 9 by deleting /One member must be a consumer/ and inserting /Two members must be consumers/ so when amended Section 40-47-925(A) reads:
/   Section 40-47-925.   (A)   There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed physician assistants with a minimum of three years of patient care experience in this State. Two members must be consumers and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one must regularly employ a physician assistant. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee./
Amend the bill further, by deleting Section 2 and inserting:
/SECTION   2.   Notwithstanding the provisions of Act 7, Chapter 47, Title 40 of the 1976 Code, as added by Section 1 of this act, the Board of Medical Examiners of South Carolina shall issue a license to a physician assistant who is certified and whose certification is in good standing under the certification standards in existence immediately prior to this act's effective date.


Printed Page 4544 . . . . . Wednesday, May 24, 2000

SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. PARKS explained the Bill.

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

S. 44--INTERRUPTED DEBATE

The following Bill was taken up:

S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

Reps. LOURIE, CAMPSEN and EASTERDAY proposed the following Amendment No. 1 (Doc Name NBD\AMEND\12140AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   The 1976 Code is amended by adding:

"Section 23-3-60.   (A)   The State Law Enforcement Division shall charge twenty-five dollars for a criminal record search conducted pursuant to regulations promulgated by the division, and these fees must be remitted to the general fund.

(B)   Notwithstanding subsection (A), the division shall charge eight dollars for a criminal record search conducted for, or for the use of, a for-profit nursing home, home health agency, community


Printed Page 4545 . . . . . Wednesday, May 24, 2000

residential care facility as defined in Section 40-35-20, an adult or child daycare center, a charitable organization, or a bona fide mentor or any entity that is mandated by state law to undergo criminal record searches conducted by the South Carolina Law Enforcement Division.

The entity or person requesting the criminal record search shall certify, on forms developed and provided by the division, for whom the search is being conducted.

(C)   For purposes of this section:

(1)   'for profit' means an entity doing business in this State and organized other than under Chapter 31, Title 33, Nonprofit Corporation Act;

(2)   'charitable organization' means:

(a)   an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(b)   a bona fide church, including an institution such as a synagogue or mosque;

(c)   volunteers of a local recreation commission;

(d)   an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOURIE explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the consideration of Amendment No. 1, Rep. LOURIE having the floor.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 4546 . . . . . Wednesday, May 24, 2000

1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1405 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

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. 1406 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.

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


Printed Page 4547 . . . . . Wednesday, May 24, 2000

H. 4961--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.

S. 44--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. LOURIE having the floor:

S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

Rep. WHATLEY moved to adjourn debate on the Bill until Thursday, May 25, which was agreed to.

H. 5025--DEBATE ADJOURNED

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

H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL


Printed Page 4548 . . . . . Wednesday, May 24, 2000

MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.

H. 4875--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SWB\AMEND\5277DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Section 33-1-400 of the 1976 Code, as last amended by Act 328 of 1998, is further amended to read:

"Section 33-1-400.   As used in Chapters 1 through 19 of this title:

(1)   'Agreement' includes any a valid agreement, written or oral, of the shareholders or between any of the shareholders and the corporation as to the affairs of the corporation and the conduct of its business. The bylaws of a corporation constitute are an agreement.

(2)   'Articles of incorporation' include includes amended and restated articles of incorporation and articles of merger.

(3)   'Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue.

(4)   'Corporation' or 'domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under pursuant or subject to the provisions of Chapters 1 through 20 of this Title. 'Corporation' or 'domestic corporation' also may include a 'nonprofit' corporation to the extent permitted by the provisions of Section 33-20-103.

(5)   'Conspicuous' means so written so that a reasonable person against whom the writing is to operate should have noticed notice it. For example, printing in italics, boldface, or contrasting color, or typing in capitals or underlined is conspicuous.

(6)   'Deliver' includes mail.

(7)   'Distribution' means a direct or indirect transfer of money or other property, (except its own shares), or incurrence incurring of indebtedness by a corporation to or for the benefit of its shareholders in


Printed Page 4549 . . . . . Wednesday, May 24, 2000

respect of any of to its shares. A distribution may be in the form of a declaration or payment of a dividend;, a purchase, redemption, or other acquisition of shares;, a distribution of indebtedness;, or otherwise other distribution.

(8)   'Effective date of notice' is defined in Section 33-1-410.

(9)   'Electronic transmission' or 'electronically transmitted' means a process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient.

(10)   'Employee' includes an officer but not a director., A unless a director may accept accepts duties that make him also an employee.

(10)(11)   'Entity' includes corporation and foreign corporation; not-for-profit corporation; profit and not-for-profit unincorporated association; business trust, estate, partnership, trust, and two or more persons having a joint or common economic interest; and state, United States, and foreign government.

(11)(12)   'Foreign corporation' means a corporation for profit incorporated under pursuant to a law other than the law of this State.

(12)(13)   'Governmental subdivision' includes authority, county, district, and municipality.

(13)(14)   'Includes' denotes a partial definition.

(14)(15)   'Individual' includes the estate of an incompetent or deceased individual.

(15)(16)   'Means' denotes an exhaustive definition.

(16)(17)   'Notice' is defined in Section 33-1-410.

(17)(18)   'Person' includes individual and entity.

(18)(19)   'Principal office' means the office (in or out of this State) so designated in the annual report where the in-state or out-of-state location of the principal executive offices of a domestic or foreign corporation are located as designated in the annual report.

(19)(20)   'Proceeding' includes civil suit and criminal, administrative, and investigatory action, and formal or informal arbitration.

(20)(21)   'Record date' means the date established under by Chapter 6 or 7 on which a corporation determines the identity of its shareholders for purposes of Chapters 1 through 20 of this title.

(21)(22)   'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under pursuant to Section 33-8-400(c) for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation.


Printed Page 4550 . . . . . Wednesday, May 24, 2000

(22)(23)   'Shares' means the units into which the proprietary interests in a corporation are divided.

(23)(24)   'Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate are on file with a corporation. To the extent provided in a corporation's articles of incorporation, Creditors of a corporation may have the rights of a shareholder as allowed in the corporation's articles of incorporation.

(24)(25)   'State', when referring to a part of the United States, includes a state, and commonwealth, (and their agencies and governmental subdivisions), a territory, and insular possession, (and their agencies and governmental subdivisions), of the United States and the District of Columbia.

(25)(26)   'Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation.

(26)(27)   'United States' includes district, authority, bureau, commission, department, and any other agency of the United States.

(27)(28)   'Voting group' means all shares of one or more classes or series that under the articles of incorporation or Chapters 1 through 20 of this Title are entitled to may vote and be counted together collectively on a matter at a meeting of shareholders pursuant to the articles of incorporation or Chapters 1 through 20 of this Title. All Shares entitled by the articles of incorporation or Chapters 1 through 20 of this Title to vote generally on the matter are for that purpose a single voting group.

(28)(29)   'Public corporation' means a corporation, that has a class of whose equity securities are registered with a federal agency under pursuant to the Securities Exchange Act of 1934 or a successor act to the Securities Exchange Act of 1934."
B.   Section 33-7-220 of the 1976 Code is amended to read:

"Section 33-7-220.   (a)   A shareholder may vote his shares in person or by proxy.

(b)   A shareholder or his agent or attorney in fact may appoint a proxy to vote or otherwise act for him, including giving waivers and consents, by signing an appointment form, either personally or by his attorney-in-fact or by an electronic transmission of appointment. The electronic transmission must contain or be accompanied by sufficient information to determine that the transmission appointing the proxy is authorized. All proxies A proxy must have an effective date. If not dated by the person giving the proxy, the effective date of the proxy is


Printed Page 4551 . . . . . Wednesday, May 24, 2000

the date on which it is received by the person appointed to serve as proxy, which and that date must be noted by the appointee on the appointment form.

(c)   An appointment of a proxy is effective when the appointment form or electronic transmission is received by the secretary or other officer or agent authorized to tabulate votes. Unless a time of expiration is otherwise specified, an appointment is valid for eleven months.

(d)   An appointment of a proxy is revocable by the shareholder unless the appointment form or electronic transmission conspicuously states that it is irrevocable and the appointee is:

(1)   a pledgee;

(2)   a person who purchased or agreed to purchase the shares;

(3)   a creditor of the corporation who extended it credit under terms requiring the appointment;

(4)   an employee of the corporation whose employment contract requires the appointment; or

(5)   a party to a voting agreement created under Section 33-7-310.

(e)   The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his authority under pursuant to the appointment.

(f)   An appointment made irrevocable under as provided by subsection (d) is revoked when the interest with which it is coupled is extinguished.

(g)   A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if he did not know of its existence when he acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates.

(h)   Subject to Section 33-7-240 and to an express limitation on the proxy's authority appearing on the face of the appointment form or electronic transmission, a corporation is entitled to may accept the proxy's vote or other action as that of the shareholder making the appointment.

(i)     No A proxy can may not be solicited on the basis of any proxy statement or other communication, written or oral, containing any a statement which, at the time and in light of the circumstances


Printed Page 4552 . . . . . Wednesday, May 24, 2000

under which it was made, was false or misleading with respect to any a material fact or which omits to state any a material fact necessary in order to make the statements made therein not false or misleading.

(j)     A copy, facsimile transmission, or other reliable reproduction of the appointment form or electronic transmission created pursuant to subsection (b) of this section may be substituted or used instead of the original appointment form or electronic transmission for all purposes for which the original appointment form or electronic transmission is used, except that the copy, facsimile transmission, or other reproduction must be a complete reproduction of the entire original appointment form or electronic transmission." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 1321--POINT OF ORDER

The following Bill was taken up:

S. 1321 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.


Printed Page 4553 . . . . . Wednesday, May 24, 2000

POINT OF ORDER

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

S. 732--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21439SD00), which was adopted:
Amend the bill, as and if amended, in Section 33-56-90 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) which begins on line 31, page 13, and inserting:
/   (3)(A)   At the initial time of solicitation Upon oral or written request of the solicited party, a professional solicitor or a solicitor who receives compensation for soliciting shall must disclose his its status as a professional 'professional' or paid 'paid' solicitor. The professional solicitor or solicitor who receives compensation for soliciting shall also must disclose the registered true name of the professional fund-raising organization and charity he represents for which it works and the registered true name, location, and purpose of the charitable organizations for which it is soliciting. Upon oral or written request of the solicited party, a professional solicitor also must disclose the percentage of gross receipts with which the professional solicitor is compensated including the amount the professional solicitor must be reimbursed as payment for fundraising costs. The professional solicitor also must disclose the guaranteed minimum percentage of gross receipts to be remitted or retained by the charitable organization excluding the amount which the charitable organization must pay for fundraising costs. /


Printed Page 4554 . . . . . Wednesday, May 24, 2000

Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 1129--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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 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


Printed Page 4555 . . . . . Wednesday, May 24, 2000

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.

Rep. SHEHEEN proposed the following Amendment No. 10 (Doc Name B21\1129.6), which was adopted:
Amend the bill, as and if amended, by adding a sentence after the first sentence on line 22, page 11, subsection (9) to read as follows: The Consumer Advocate and the Attorney General of the State of South Carolina shall be parties to any such proceeding.
Renumber sections to conform.
Amend totals and title to conform.

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

AMENDMENT NO. 2--MOTION TO RECONSIDER TABLED

The motion of Rep. ROBINSON to reconsider the vote whereby Amendment No. 2 was adopted was taken up.
Rep. SHARPE moved to table the motion to reconsider, which was agreed to.

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

ORDERED TO THIRD READING

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

S. 1361 (Word version) -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.


Printed Page 4556 . . . . . Wednesday, May 24, 2000

H. 4960-- MOTION TO RECONSIDER REJECTED

Rep. KIRSH moved to reconsider the vote whereby the following Joint Resolution was given a third reading:

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

Rep. SCOTT moved to table the motion to reconsider.

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

Yeas 48; Nays 52

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Battle                 Breeland               Brown, G.
Brown, H.              Brown, J.              Carnell
Chellis                Clyburn                Emory
Gamble                 Gilham                 Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Kennedy                Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Mack                   Martin                 McGee
McLeod, W.             McMahand               Moody-Lawrence
Neilson                Ott                    Parks
Phillips               Pinckney               Rodgers
Rutherford             Scott                  Seithel
Sheheen                Smith, J.              Stuart
Townsend               Whipper                Wilder

Total--48

Those who voted in the negative are:

Allison                Altman                 Barrett
Bowers                 Campsen                Cato
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming

Printed Page 4557 . . . . . Wednesday, May 24, 2000

Frye                   Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Huggins                Inabinett
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Loftis                 Lucas
McCraw                 Meacham-Richardson     Perry
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Trotter                Vaughn
Walker                 Whatley                Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--52

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 47; Nays 50

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Campsen                Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kirsh                  Knotts                 Koon
Law                    Leach                  Loftis
McCraw                 Meacham-Richardson     Perry
Quinn                  Rice                   Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Trotter                Vaughn

Printed Page 4558 . . . . . Wednesday, May 24, 2000

Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--47

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Clyburn                Cobb-Hunter
Emory                  Gamble                 Gilham
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Inabinett
Kelley                 Kennedy                Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McGee                  McLeod, W.             McMahand
Moody-Lawrence         Neal, J.H.             Neilson
Ott                    Phillips               Pinckney
Rodgers                Rutherford             Scott
Sheheen                Smith, J.              Stille
Stuart                 Townsend               Whipper
Wilder                 Wilkes

Total--50

So, the motion to reconsider was rejected.

S. 1041--OBJECTIONS WITHDRAWN

Reps. TRIPP and CATO withdrew their objections to S. 1041; however, other requests for debate remained on the Bill.

S. 705--REQUEST FOR DEBATE WITHDRAWN

Rep. KIRSH withdrew his request for debate on S. 705 (Word version); however, other requests for debate remained on the Bill.


Printed Page 4559 . . . . . Wednesday, May 24, 2000

S. 1078--OBJECTIONS

Reps. J. BROWN and SCOTT withdrew their objections on the following Bill, whereupon objections were raised by Reps. ROBINSON, WILKES and LOFTIS:

S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.

H. 3078--REQUEST FOR DEBATE WITHDRAWN

Rep. GOURDINE withdrew his request for debate on H. 3078 (Word version); however, other requests for debate remained on the Bill.

S. 1041--REQUEST FOR DEBATE WITHDRAWN

Rep. BARRETT withdrew his request for debate on S. 1041 (Word version); however, other requests for debate remained on the Bill.

S. 1078--REQUESTS FOR DEBATE

Reps. BALES and HAYES withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. RICE, KNOTTS and SIMRILL:

S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.


Printed Page 4560 . . . . . Wednesday, May 24, 2000

S. 1041--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. PERRY, LEACH and KNOTTS, the following Bill was taken up:

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.


Printed Page 4561 . . . . . Wednesday, May 24, 2000

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18446AC00), which was adopted:
Amend the bill, as and if amended, Section 1-11-760(A) page 2, line 29 after /disorder / by inserting /social anxiety disorder/ so when amended Section 1-11-760(A)(3) reads:
/   (3)   'Mental health condition' means any mental or nervous condition that is caused by a biological disorder of the brain and results in a clinically significant or psychological syndrome or pattern that substantially limits the functioning of the person with that illness, limited to: schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, pervasive developmental disorder or autism, panic disorder, obsessive-compulsive disorder, social anxiety disorder, anorexia, bulimia, asperger's disorder, intermittent explosive disorder, post-traumatic stress disorder, psychosis not otherwise specified when diagnosed in a child under seventeen years of age, Rett's disorder, or Tourette's disorder.
Amend the bill further, Section 1-11-760(B) page 2, line 39 before /treatment/ by inserting /medically necessary/ so when amended Section 1-11-760(B) reads:
/(B)   The state health insurance plan shall provide coverage for medically necessary treatment of a mental health condition and alcohol or substance abuse and shall not establish any term or condition that places a greater financial burden on an insured for access to treatment for a mental health condition or alcohol or substance abuse than for access to treatment for a physical health condition. Any deductible or out-of-pocket limits required under the state health insurance plan must be comprehensive for coverage of mental health conditions, alcohol or substance abuse, and physical health conditions./
Amend the bill further, Section 1-11-760(C) page 3, line 8 before /treatment/ by inserting /medically necessary/ so when amended Section 1-11-760(C) reads:
/(C)   If the state health insurance plan does not otherwise provide for management of care under the plan or does not provide for the same degree of management of care for all health conditions, it may provide management of care for medically necessary treatment of mental health conditions and alcohol or substance abuse as long as the management of care does not diminish or negate the purpose of this section. The management of care must also ensure that timely and appropriate access to care is available, that the quantity, location, and specialty distribution of health care providers is adequate, and that administrative

Printed Page 4562 . . . . . Wednesday, May 24, 2000

or clinical protocols do not reduce access to medically necessary treatment for any insured./
Amend the bill further, by deleting SECTION 2 of the bill in its entirety.
Amend the bill further, Section 1-11-760, page 3 by deleting subsection (F) on lines 24-28; on line 29 by deleting / (G) / and inserting / (F) /; and on page 35 by deleting / 3.24 / and inserting / 3.39 / so that when amended subsections (F) and (G) read:

/   (F)   The state health insurance plan may opt out of the requirements of this section if, as a result of the application of this section, the total health insurance costs of the state health insurance plan increase by more than:

(1)     one percent by the end of the three-year period beginning January 1, 2002, and ending December 31, 2004; or

(2)     3.39 percent at any time beginning January 1, 2002, and ending December 31, 2004. /
Amend the bill further, by deleting SECTION 4 of the bill and inserting:
/SECTION   4.   The Budget and Control Board shall conduct a study to assess the impact of this act for the period beginning January 1, 2002 through December 31, 2003, using actual incurred claims for that period as paid through July 1, 2004. The Budget and Control Board shall report its findings to the General Assembly by December 31, 2004.
SECTION   5.   This act takes effect upon approval by the Governor, except that SECTION 1 takes effect January 1, 2002. This act is repealed January 1, 2005./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. RISER explained the Bill.

Rep. TRIPP proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9681SOM00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __.   Section 38-71-46(A) of the 1976 Code, as last amended by Act 239 of 2000, is further amended to read:


Printed Page 4563 . . . . . Wednesday, May 24, 2000

"(A)   On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary and prescribed by a health care professional who is legally authorized to prescribe such items and who demonstrates adherence to minimal standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina. This subsection does not prohibit a health maintenance organization or an individual or a group health insurance policy from providing coverage for medication according to formulary or using network providers. Coverage must not be denied unless the health care professional demonstrates a persistent pattern of failure to adhere to the minimal standards of care and unless the health maintenance organization or insurer has first provided written notice to the provider that coverage will be denied if the provider fails to adhere to the minimal standards of care." /
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.

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

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

S. 1041--REQUEST FOR DEBATE WITHDRAWN

Rep. BARFIELD withdrew his request for debate on the following Bill:

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF


Printed Page 4564 . . . . . Wednesday, May 24, 2000

MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

S. 705--REQUEST FOR DEBATE WITHDRAWN

Rep. BALES withdrew his request for debate on S. 705 (Word version); however, other requests for debate remained on the Bill.

S. 1041--REQUEST FOR DEBATE WITHDRAWN

Rep. MOODY-LAWRENCE withdrew her request for debate on the following Bill:

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 4565 . . . . . Wednesday, May 24, 2000

SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

S. 705--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. HAYES and SCOTT, the following Bill was taken up:

S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF


Printed Page 4566 . . . . . Wednesday, May 24, 2000

MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21418SD00), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS to be appropriately numbered to read:
/SECTION ____.   Chapter 37 of Title 5 of the 1976 Code is amended by adding:

"Section 5-37-35.   Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
SECTION ______.   Chapter 21 of Title 6 of the 1976 Code is amended by adding:

"Section 6-21-55.   The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."/
Renumber sections to conform.
Amend totals and title to conform.

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

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


Printed Page 4567 . . . . . Wednesday, May 24, 2000

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall S. 966 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.

R. 310, H. 3699--DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R310) 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, TO INCREASE THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE BLIND OR PERMANENTLY AND TOTALLY DISABLED, FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD, AND PROVIDE THE SOURCE OF THE FUNDS TO REIMBURSE LOCAL PROPERTY TAXING ENTITIES FOR THE REVENUES NOT COLLECTED BECAUSE OF THE INCREASED EXEMPTION, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-640, SO AS TO PROVIDE THE PURPOSE OF MONIES GRANTED TO THE COMMISSIONERS OF PILOTAGE AND PROVIDE THAT THESE GRANT FUNDS ARE NOT SUBJECT TO STATE INCOME TAX; BY ADDING CHAPTER 130 IN TITLE 44, RELATING TO HEALTH, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL PROVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE


Printed Page 4568 . . . . . Wednesday, May 24, 2000

GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.-AMENDED TITLE

Rep. RICE moved to adjourn debate on the Veto until Thursday, May 25, which was agreed to.

H. 4767--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.

Rep. CATO 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.

S. 560--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER


Printed Page 4569 . . . . . Wednesday, May 24, 2000

TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.

Rep. CATO 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. 3925--DEBATE ADJOURNED

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

H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.

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


Printed Page 4570 . . . . . Wednesday, May 24, 2000

H. 5024--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

Rep. CAMPSEN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12168AC00), which was adopted:
Amend the bill, as and if amended, Section 7-7-140(B) page 1, line 27 by deleting /P-2000/ and inserting /P-19-00/
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN 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.

H. 4939--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS


Printed Page 4571 . . . . . Wednesday, May 24, 2000

38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.

Rep. CATO 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. 4467--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY'S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

Rep. CATO 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.


Printed Page 4572 . . . . . Wednesday, May 24, 2000

H. 3693--DEBATE ADJOURNED

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

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

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

H. 4816--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4816 (Word version) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: A BILL TO ESTABLISH ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY MUST RESIDE, PROVIDE THAT ALL SEVEN MEMBERS OF THE BOARD MUST BE ELECTED AT LARGE FROM THE DISTRICT, PROVIDE A SCHEDULE FOR ELECTION OF


Printed Page 4573 . . . . . Wednesday, May 24, 2000

TRUSTEES, THE METHOD OF DETERMINING CANDIDATES ELECTED, AND PROVIDE FOR FILING VACANCIES.

Rep. CATO 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.

JOINT ASSEMBLY

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

ELECTION OF TWO MEMBERS OF THE
S. C. CONSUMER AFFAIRS COMMISSION

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

S. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.

The PRESIDENT announced that nominations were in order for two seats on the S. C. Consumer Affairs Commission.
Senator MATTHEWS, Chairman of the Screening Committee to Review Candidates for the Consumer Affairs Commission, stated that the following candidates had been screened and found qualified: Lonnie Randolph, Jr., Barbara B. League and James J. Raman.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Randolph:

Alexander              Anderson               Bryan
Courson                Drummond               Elliott
Ford                   Giese                  Glover
Grooms                 Hayes                  Holland

Printed Page 4574 . . . . . Wednesday, May 24, 2000

Hutto                  Land                   Leatherman
Levintis               Matthews               McGill
Moore                  O'Dell                 Passailaigue
Patterson              Rankin                 Reese
Saleeby                Short                  Smith, J. V.
Waldrep                Washington

Total--29

The following named Senators voted for League:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Drummond               Elliott                Fair
Ford                   Giese                  Glover
Grooms                 Hayes                  Holland
Hutto                  Land                   Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Richardson             Russell
Ryberg                 Saleeby                Short
Smith, J.V.            Thomas                 Waldrep
Washington             Wilson

Total--41

The following named Senators voted for Raman:

Bauer                  Branton                Martin
McConnell              Mescher                Peeler
Ravenel                Reese                  Richardson
Russell                Ryberg                 Thomas
Wilson

Total--13

On motion of Rep EASTERDAY, with unanimous consent, the members of the House voted by electronic roll call.


Printed Page 4575 . . . . . Wednesday, May 24, 2000

The following named Representatives voted for Randolph:
Allen                  Bailey                 Bales
Barfield               Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Emory
Fleming                Gamble                 Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Lanford                Lee
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Whipper
Wilder                 Wilkes                 Witherspoon

Total--57

The following named Representatives voted for League:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Brown, G.              Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Maddox

Printed Page 4576 . . . . . Wednesday, May 24, 2000

Martin                 McCraw                 McGee
McKay                  McLeod, M.             McMahand
Meacham-Richardson     Miller                 Neal, J.M.
Ott                    Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, F.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Whatley                Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--89

The following named Representatives voted for Raman:

Allison                Altman                 Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Martin
McCraw                 McGee                  McKay
McLeod, W.             Meacham-Richardson     Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Woodrum
Young-Brickell

Total--64


Printed Page 4577 . . . . . Wednesday, May 24, 2000

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   115
Grand Total   157
Necessary to a choice   79
Of which Randolph received   86
Of which League received   130
Of which Raman received   77

Whereupon, the PRESIDENT announced that Lonnie Randolph, Jr. and Barbara B. League were duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
FIFTH JUDICIAL CIRCUIT, SEAT 3
AND A CIRCUIT COURT JUDGE, AT-LARGE, SEAT 3

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

S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003.

The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.

CIRCUIT COURT JUDGE,
FIFTH JUDICIAL CIRCUIT, SEAT 3

The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 3.

Rep. DELLENEY, on behalf of the Commission, stated that the following candidates had been screened, found qualified and placed


Printed Page 4578 . . . . . Wednesday, May 24, 2000

their names in nomination: Ralph King "Tripp" Anderson III, G. Thomas Cooper, Jr., and Grady L. "Leck" Patterson III.

Rep. DELLENEY stated that Ralph King Anderson III and Grady L. "Leck" Patterson III had withdrawn from the race.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Thomas Cooper, Jr. was duly elected for the term prescribed by law.

CIRCUIT COURT JUDGE, AT-LARGE, SEAT 3

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 3.

Rep. DELLENEY, on behalf of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Lisa G. Collins, Edward W. "Ned" Miller, and Clifton Newman.

Rep. DELLENEY stated that Lisa G. Collins and Edward W. "Ned" Miller had withdrawn from the race.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee.

Whereupon, the PRESIDENT announced that the Honorable Clifton Newman was duly elected for the term prescribed by law.

ELECTION OF A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION

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

S. 1392 (Word version) -- Senator Leventis: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE CONSUMER AFFAIRS COMMISSION AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THE HONORABLE JAMES M. EAVES WHO HAS RESIGNED DUE TO FAMILY HEALTH REASONS.


Printed Page 4579 . . . . . Wednesday, May 24, 2000

The PRESIDENT of the Senate recognized Senator LEVENTIS.

Senator LEVENTIS asked unanimous consent to re-elect Ms. Louise Burgdorf and Captain John S. Coussons to their respective seats, which was agreed to.

Senator LEVENTIS placed the name of Ms. Retta Sanders in nomination for the vacant seat due to the resignation of Mr. Eaves.

On motion of Senator LEVENTIS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that Ms. Louise Burgdorf, Captain John S. Coussons and Ms. Retta Sanders were duly elected for the term prescribed by law.

ELECTION OF A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL

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

S. 1379 (Word version) -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.

The PRESIDENT stated that nominations were in order for a member of the Legislative Audit Council.

Rep. LIMEHOUSE nominated Mrs. Nancy D. Hawk.

On motion of Rep. LIMEHOUSE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, Mrs. Nancy D. Hawk was duly elected for the term prescribed by law.


Printed Page 4580 . . . . . Wednesday, May 24, 2000

JOINT ASSEMBLY RECEDES

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

THE HOUSE RESUMES

At 12:35 p.m. the House resumed, the SPEAKER in the Chair.

H. 5098--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5098 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME COMET STREET IN MURRELL'S INLET IN GEORGETOWN COUNTY AS HEWITT STREET IN HONOR OF WILLIAM L. HEWITT.

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

That the members of the General Assembly, by this resolution, hereby request the Department of Transportation to rename Comet Street in Murrell's Inlet in Georgetown County as Hewitt Street in honor of William L. Hewitt.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 5103--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 5103 (Word version) -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15 OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT


Printed Page 4581 . . . . . Wednesday, May 24, 2000

APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

Whereas, Grady C. Murray, a native son and outstanding citizen of Dorchester County, was born on March 15, 1924, to Emmett Leroy Murray and Anne Cannady Murray; and

Whereas, Grady is married to Emma Mae Thompson, and together they lovingly raised a family of three fine sons and now are blessed with seven grandchildren; and

Whereas, he served with honor and valor in World War II. He was a distinguished paratrooper with the 508th Parachute Infantry Regiment in the 82nd Airborne Division and he fought heroically in the Battle of the Bulge; and

Whereas, he retired from a career working at the Charleston Naval shipyard; and

Whereas, Grady C. Murray has served as acting Mayor of the town of Grover for twenty years during which time the town has prospered and grown; and

Whereas, Grady C. Murray is an outstanding individual who is greatly admired and respected in his community for the contributions he has made to Dorchester County and for his leadership in the town of Grover; and

Whereas, it is only fitting that the General Assembly recognize the accomplishments and good deeds of this public servant and fine man. Now, therefore,

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

That the General Assembly, by this resolution, requests the Department of Transportation to name the bridge on Highway 15 over the Edisto River at the Colleton-Dorchester County line the "Grady C. Murray Bridge" and erect appropriate markers or signs reflecting this designation.


Printed Page 4582 . . . . . Wednesday, May 24, 2000

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Transportation and to Grady C. Murray.

Rep. LLOYD moved to adjourn debate on the Resolution until Thursday, May 25, which was agreed to.

S. 1041--MOTION TO RECONSIDER TABLED

Rep. TRIPP moved to reconsider the vote whereby the following Bill was given a second reading:

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT;


Printed Page 4583 . . . . . Wednesday, May 24, 2000

AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

Rep. RICE moved to table the motion to reconsider, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5131 (Word version) -- Reps. Harrison and J. Smith: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE STAFF, FACULTY, AND STUDENTS OF HAND MIDDLE SCHOOL OF COLUMBIA ON THE OCCASION OF HAND MIDDLE SCHOOL BEING SELECTED AS A 1999-2000 BLUE RIBBON SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5132 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JERRY LEE MULLIKIN OF PENDLETON, ON THE OCCASION OF HIS RETIREMENT FROM AN EXEMPLARY CAREER IN LAW ENFORCEMENT AS CAPTAIN OF THE PATROL DIVISION OF THE CLEMSON UNIVERSITY POLICE AND WISHING HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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


Printed Page 4584 . . . . . Wednesday, May 24, 2000

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5133 (Word version) -- Rep. Barrett: A BILL TO AMEND CHAPTER 77, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING THE STATE AND STATE AGENCIES, BY ADDING ARTICLE 7 SO AS TO ENACT THE "PRIVATE ATTORNEY RETENTION SUNSHINE ACT", WHICH REQUIRES COMPETITIVE BIDDING FOR ATTORNEY SERVICES RENDERED ON BEHALF OF THE STATE OR A STATE AGENCY, PROVIDES FOR THE OPPORTUNITY FOR LEGISLATIVE HEARINGS WHENEVER THE STATE OR A STATE AGENCY PROPOSES TO ENTER INTO AN ATTORNEY FEE CONTRACT WHICH MAY REASONABLY BE EXPECTED TO EXCEED FOUR HUNDRED FIFTY THOUSAND DOLLARS, AND LIMITS THE HOURLY RATE WHEN CONTINGENT FEES ARE AWARDED TO ATTORNEYS REPRESENTING THE STATE OR ITS AGENCIES.
Referred to Committee on Judiciary

H. 4961--RECOMMITTED

The following Joint Resolution was taken up:

H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.

Rep. HARRISON moved to recommit the Joint Resolution, which was agreed to.

S. 705--REQUEST FOR DEBATE

Reps. HOWARD, CLYBURN and LLOYD withdrew their requests for debate on the following Bill, whereupon a request for debate was raised by Rep. DAVENPORT:

S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT


Printed Page 4585 . . . . . Wednesday, May 24, 2000

DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.

S. 120--REQUEST FOR DEBATE WITHDRAWN

Rep. J. H. NEAL withdrew his request for debate on S. 120 (Word version); however, other requests for debate remained on the Bill.

S. 986--REQUESTS FOR DEBATE WITHDRAWN

Reps. CLYBURN and HOSEY withdrew their requests for debate on S. 986 (Word version); however, other requests for debate remained on the Bill.

S. 1078--OBJECTIONS AND REQUESTS FOR DEBATE WITHDRAWN

Reps. SIMRILL and WILKES withdrew their request for debate and objection on S. 1078; however, other objections and requests for debate remained on the Bill.

H. 4305--REQUEST FOR DEBATE WITHDRAWN

Rep. MOODY-LAWRENCE withdrew her request for debate on H. 4305 (Word version); however, other requests for debate remained on the Bill.

S. 1350--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.


Printed Page 4586 . . . . . Wednesday, May 24, 2000

OBJECTION TO RECALL

Rep. HAYES asked unanimous consent to recall S. 966 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.

H. 3925--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.

Rep. SHARPE 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. 3693--DEBATE ADJOURNED

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

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF


Printed Page 4587 . . . . . Wednesday, May 24, 2000

UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

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

MOTION PERIOD

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

H. 3745--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 24, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3745:

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA


Printed Page 4588 . . . . . Wednesday, May 24, 2000

FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.

Very respectfully,
President

On motion of Rep. CAMPSEN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. CAMPSEN, EASTERDAY and HARRIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. HARRISON moved that the House recede until 2:15 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER HAWKINS IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.


Printed Page 4589 . . . . . Wednesday, May 24, 2000

SPEAKER IN CHAIR

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 24, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators SETZLER, LAND and MOORE of the Committee of Conference on the part of the Senate on H. 4776:

H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.

Very respectfully,
President
Received as information.

H. 3120--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 24, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3120:

H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO


Printed Page 4590 . . . . . Wednesday, May 24, 2000

INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION

Printed Page 4591 . . . . . Wednesday, May 24, 2000

COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. MCGEE, F. SMITH and ALTMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4899--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.

Rep. SEITHEL proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\AMEND\22607AC00), which was adopted:


Printed Page 4592 . . . . . Wednesday, May 24, 2000

Amend the bill, as and if amended, Section 10, as contained in SECTION 1 of the bill, page 2, immediately after line 21, by inserting: /"Notwithstanding the provisions of this section, the board may increase the millage cap to 99 mils for the 2000-2001 school year and may increase the millage cap above that provided for in this section in subsequent years if necessary to comply with the Education Improvement Act. Additionally, the board must comply with the Commission on Higher Education's audit recommendations." /
Renumber sections to conform.
Amend title to conform.

Rep. SEITHEL explained the amendment.

Rep. HARRELL moved to adjourn debate on the Bill.

Rep. SEITHEL moved to table the motion.

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

Yeas 4; Nays 3

Those who voted in the affirmative are:

Breeland               Inabinett              Mack
Seithel

Total--4

Those who voted in the negative are:

Altman                 Campsen                Harrell

Total--3

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the amendment.

Rep. ALTMAN moved to table the amendment.

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

Yeas 3; Nays 5


Printed Page 4593 . . . . . Wednesday, May 24, 2000

Those who voted in the affirmative are:
Altman                 Campsen                Harrell

Total--3

Those who voted in the negative are:

Breeland               Inabinett              Mack
Seithel                Whatley

Total--5

So, the House refused to table the amendment.

ACTING SPEAKER CATO IN CHAIR

The amendment was then adopted.

Rep. CAMPSEN proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\AMEND\12174AC00):
Amend the bill, as and if amended, by adding a new Section to be appropriately numbered which shall read:
/SECTION _____.   (A)   An advisory referendum shall be held at the same time as the 2000 general election in Charleston County on the question of whether or not the qualified electors of the Charleston County School District favor removing the ninety mil cap on the annual tax levy that may be imposed for school operations and deconsolidating the Charleston County School District into seven separate, autonomous school districts. The advisory referendum for this purpose must be conducted by the Charleston County Election Commission at the same time as the 2000 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.


Printed Page 4594 . . . . . Wednesday, May 24, 2000

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

"Shall the ninety mil cap on the tax levy that may be imposed for Charleston County School District operations be removed and constituent school districts be abolished and seven separate, autonomous school districts be established as follows with all the powers and duties previously exercised by the Charleston County School District and constituent school districts and removing the ninety mil cap on the annual tax levy that may be imposed for school operations:

(1)     East Cooper School District-formerly constituent School Districts No. 1 and No. 2;

(2)     James Island School District-formerly constituent School District No. 3;

(3)     North Charleston School District-formerly constituent School District No. 4;

(4)     Johns Island School District-formerly constituent School District No. 9;

(5)     St. Andrews School District-formerly constituent School District No. 10;

(6)     Charleston City School District-formerly constituent School District No. 20; and

(7)     St. Paul's School District-formerly constituent School District No. 23?

Yes   [ ]
No   [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No".

(C)   The results of the 2000 advisory referendum may be considered by the Charleston County Legislative Delegation and the General Assembly when determining whether or not to deconsolidate the Charleston County School District."/
Amend further, as and if amended, by adding at the end of the title:
/; AND TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE CHARLESTON COUNTY SCHOOL DISTRICT FAVOR REMOVING THE NINETY MIL CAP ON THE ANNUAL TAX LEVY THAT MAY BE IMPOSED FOR


Printed Page 4595 . . . . . Wednesday, May 24, 2000

SCHOOL DISTRICT OPERATIONS AND DECONSOLIDATING THE CHARLESTON COUNTY SCHOOL DISTRICT INTO SEVEN SEPARATE, AUTONOMOUS SCHOOL DISTRICTS./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.

Further proceedings were interrupted by expiration of time in the local contested Calendar, the pending question being the consideration of Amendment No. 8, Rep. ALTMAN having the floor.

S. 934--DEBATE ADJOURNED

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

S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.

H. 4494--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4494 (Word version) -- Reps. Klauber, Hawkins, McGee and Simrill: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO AUTHORIZE AN EXPEDITED HEARING BEFORE A CIRCUIT JUDGE IF THE PUBLIC BODY DISAPPROVES RELEASING REQUESTED RECORD AND


Printed Page 4596 . . . . . Wednesday, May 24, 2000

PROVIDE FOR THE PAYMENT OF COURT COSTS AND ATTORNEY FEES IF THE REQUESTOR IS SUCCESSFUL IN CIRCUIT COURT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18363SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 30-4-100(a) of the 1976 Code is amended to read:

"(a)   Any citizen of the State may apply to the circuit court for either or both a declaratory judgment and injunctive relief to enforce the provisions of this chapter in appropriate cases as long as such application is made no later than one year following the date on which the alleged violation occurs or one year after a public vote in public session, whichever comes later. The court may order equitable relief as it considers appropriate, and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists. Trials on the merits in contested suits for declaratory judgment or injunctive relief filed pursuant to this chapter must be given precedence over other non-jury matters for trial, but such cases may not be called for trial until 120 days after the filing of the summons and complaint unless a shorter period of time is agreed to in writing by all parties to the suit."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to read:
TO AMEND SECTION 30-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIVE RELIEF ENFORCEMENT, ATTORNEY'S FEES AND COSTS REGARDING CASES BROUGHT UNDER THE PROVISIONS OR THE FREEDOM OF INFORMATION ACT, SO AS TO GIVE PRECEDENCE TO CONTESTED CASES ON THE MERITS OVER NON-JURY MATTERS FOR TRIAL.

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

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

Yeas 94; Nays 0


Printed Page 4597 . . . . . Wednesday, May 24, 2000

Those who voted in the affirmative are:
Altman                 Askins                 Bales
Barfield               Barrett                Bowers
Brown, G.              Brown, H.              Brown, J.
Canty                  Carnell                Cato
Chellis                Clyburn                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gourdine               Hamilton               Harrell
Harrison               Hawkins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Perry                  Phillips
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Taylor                 Tripp                  Vaughn
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--94

Those who voted in the negative are:

Total--0


Printed Page 4598 . . . . . Wednesday, May 24, 2000

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

H. 4086--DEBATE ADJOURNED

The following Bill was taken up:

H. 4086 (Word version) -- Reps. Kelley, Allison, Altman, Bales, Barfield, Barrett, Bowers, G. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Gilham, Gourdine, Hamilton, Harrell, Haskins, Hayes, Inabinett, Jennings, Keegan, Lanford, Leach, Limehouse, Littlejohn, Martin, McGee, J. H. Neal, Ott, Riser, Rodgers, Sandifer, Seithel, J. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Wilder, Witherspoon, Woodrum, Harvin and Miller: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES


Printed Page 4599 . . . . . Wednesday, May 24, 2000

SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6 OF TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO REPEAL SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18370SOM00):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Article 9, Chapter 36 of Title 12 of the 1976 Code is amended by adding:


Printed Page 4600 . . . . . Wednesday, May 24, 2000

"Section 12-36-925.     (A)   In addition to taxes imposed under Sections 12-33-230, 12-33-240, and Article 5 of Chapter 33 of Title 12, there is imposed a sales tax equal to four and twenty-five hundredths percent of the gross proceeds of the sales of alcoholic beverages sold by the drink or in minibottles for on-premises consumption in an establishment licensed for such sales pursuant to Article 5, Chapter 6 of Title 61. All proceeds of this additional tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, for purposes of this chapter, this additional tax is considered to be imposed pursuant to Section 12-36-910(A).
(B)   Eleven percent of the revenue generated by this section must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund to the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purpose." /
Amend the bill further, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:

"(B)   In making the quarterly distribution to counties, the State Treasurer must notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 12-36-925 allocated on a per capita basis according to the most recent United States Census, but in no case may the amount provided in this subsection be less than the amount distributed to counties in fiscal year 1999-2000 under the former provisions of Section 12-33-245. A shortfall in the amount must be made up by a transfer of funds from the general fund of State." /


Printed Page 4601 . . . . . Wednesday, May 24, 2000

Amend the bill further, by adding an appropriately numbered section to read:
/ SECTION __.   Section 61-12-10 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"Section 61-12-10.   Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40 and Section 12-33-245 12-36-925 must be regulated and disbursed in accordance with the provisions of this chapter."
Amend the bill further, by striking SECTION 15 in its entirety and inserting:
/ SECTION   15.   This act takes effect on the first July 1st after the ratification of an amendment offered in the 2000 general election to the constitution of the State authorizing the sale of liquor by the drink./
Renumber sections to conform.
Amend title to conform.

Rep. KELLEY explained the amendment.

SPEAKER IN CHAIR

Rep. KELLEY continued speaking.
Rep. SCOTT spoke against the amendment.

Rep. KELLEY moved to adjourn debate on the Bill until Thursday, June 1, which was agreed to.

H. 3078--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, June 1, which was adopted:

H. 3078 (Word version) -- Rep. Rodgers: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200 SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY WITH THE CONSENT OF THE RESPECTIVE DELEGATION, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE


Printed Page 4602 . . . . . Wednesday, May 24, 2000

REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for the remainder of the day due to illness.

H. 4861--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4861 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.

Rep. SIMRILL moved to adjourn debate on the Bill.

Rep. SHEHEEN moved to table the motion.

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

Yeas 56; Nays 29

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Bowers                 Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Clyburn                Cobb-Hunter
Cotty                  Davenport              Delleney
Gourdine               Govan                  Harrell
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Inabinett
Jennings               Knotts                 Law

Printed Page 4603 . . . . . Wednesday, May 24, 2000

Limehouse              Lloyd                  Lourie
Mack                   Martin                 McCraw
McLeod, W.             McMahand               Miller
Ott                    Parks                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rutherford             Scott
Sheheen                Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Whatley                Whipper
Wilder                 Wilkes

Total--56

Those who voted in the negative are:

Barfield               Barrett                Cato
Chellis                Cooper                 Dantzler
Easterday              Edge                   Emory
Frye                   Gamble                 Hamilton
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Leach
Lee                    Loftis                 Lucas
McGee                  Meacham-Richardson     Moody-Lawrence
Neal, J.M.             Perry                  Sandifer
Simrill                Witherspoon

Total--29

So, the motion to adjourn debate was tabled.

Rep. DAVENPORT explained the Bill.

Rep. KIRSH spoke against the Bill.

ACTING SPEAKER CATO IN CHAIR

Rep. KIRSH continued speaking.
Rep. SHEHEEN spoke in favor of the Bill.

Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\2122DJC00), which was tabled:


Printed Page 4604 . . . . . Wednesday, May 24, 2000

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   A committee is created to study the feasibility of constructing a regional wastewater treatment facility to improve the water quality of lake Wateree, the Catawba River, and the tributaries that extend north to the border of North Carolina. The committee shall review any and all plans to determine if such a facility is in the best interest of South Carolina as it relates to enhancing the water quality throughout the State.

The committee is composed of:

(1)   the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;

(2)   the Chairman of the Senate Labor, Commerce and Industry Committee or his designee;

(3)   one member of the House of Representatives from each county that borders these waterways to be appointed by the Speaker of the House;

(4)   one member of the Senate from each county that borders these waterways to be appointed by the President Pro Tempore of the Senate;

(5)   three members from the Catawba Regional Wastewater Planning Committee as follows: one member from York County, one member from Lancaster County, and one member from Chester County.

The committee shall elect one of its members as chairman and the other necessary officers. The committee shall meet as often as necessary for the discharge of its business before making its report to the General Assembly.

The members of the committee shall not receive per diem, subsistence, or reimbursement for mileage. The committee shall use the existing staff of the entities from which the membership of the committee is composed.

The committee shall report its findings to the General Assembly one year after the enactment of this section.
SECTION   2.   The act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. MEACHAM-RICHARDSON explained the amendment.

Rep. OTT moved to table the amendment.


Printed Page 4605 . . . . . Wednesday, May 24, 2000

Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 23

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Battle                 Bowers                 Breeland
Brown, G.              Canty                  Carnell
Chellis                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Fleming                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Howard
Inabinett              Keegan                 Klauber
Knotts                 Koon                   Law
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McLeod, M.             McLeod, W.
McMahand               Miller                 Neal, J.H.
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Riser                  Rodgers                Rutherford
Scott                  Sharpe                 Sheheen
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Walker                 Whatley                Whipper
Wilder                 Wilkes                 Witherspoon

Total--75

Those who voted in the negative are:

Barrett                Cato                   Easterday
Edge                   Emory                  Gamble
Hinson                 Huggins                Kelley
Kirsh                  Leach                  McGee
Meacham-Richardson     Moody-Lawrence         Neal, J.M.
Perry                  Quinn                  Rice

Printed Page 4606 . . . . . Wednesday, May 24, 2000

Robinson               Sandifer               Seithel
Simrill                Young-Brickell

Total--23

So, the amendment was tabled.

Rep. EMORY spoke against the Bill.

Rep. SIMRILL moved that the House do now adjourn.

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

Yeas 26; Nays 64

Those who voted in the affirmative are:

Barrett                Brown, G.              Cooper
Dantzler               Easterday              Gourdine
Govan                  Hamilton               Hines, J.
Hines, M.              Hosey                  Kirsh
Knotts                 Koon                   Lee
Lloyd                  Loftis                 Meacham-Richardson
Moody-Lawrence         Perry                  Rice
Robinson               Rutherford             Scott
Taylor                 Whatley

Total--26

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Battle                 Bowers
Brown, J.              Carnell                Cato
Chellis                Cotty                  Davenport
Delleney               Edge                   Fleming
Frye                   Gamble                 Harrison
Harvin                 Hawkins                Hayes
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Limehouse
Littlejohn             Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod, M.             McLeod, W.

Printed Page 4607 . . . . . Wednesday, May 24, 2000

McMahand               Miller                 Neal, J.H.
Neilson                Ott                    Parks
Phillips               Rhoad                  Riser
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Townsend
Walker                 Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Young-Brickell

Total--64

So, the House refused to adjourn.

SPEAKER IN CHAIR

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                Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Brown, G.
Brown, J.              Carnell                Cato
Chellis                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Frye
Gamble                 Gourdine               Hamilton
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Neal, J.H.             Neilson                Ott

Printed Page 4608 . . . . . Wednesday, May 24, 2000

Parks                  Phillips               Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Walker                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--84

Those who voted in the negative are:

Emory                  Kirsh                  Meacham-Richardson
Moody-Lawrence         Neal, J.M.             Perry
Simrill

Total--7

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

H. 3344--RECOMMITTED

The following Bill was taken up:

H. 3344 (Word version) -- Reps. Sharpe and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE PENALTY FOR HUNTING FROM A RAILROAD RIGHT-OF-WAY.

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


Printed Page 4609 . . . . . Wednesday, May 24, 2000

H. 4769--RECOMMITTED

The following Bill was taken up:

H. 4769 (Word version) -- Reps. Cato, Allison, Bailey, Bales, Barfield, G. Brown, H. Brown, Chellis, Cooper, Easterday, Edge, Emory, Fleming, Gamble, Harrison, Haskins, Kelley, Kirsh, Klauber, Knotts, Lanford, Limehouse, Lourie, Lucas, Maddox, McKay, Robinson, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, Stuart, Tripp, Trotter, Webb, Wilder and Wilkes: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.

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

H. 4782--RECOMMITTED

The following Bill was taken up:

H. 4782 (Word version) -- Reps. Canty, Howard and J. H. Neal: A BILL TO AMEND SECTION 40-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO INCLUDE AN UNLICENSED PERSON ENGAGING IN THE PRACTICE OF FUNERAL SERVICE AS A GROUND FOR DISCIPLINE; TO AMEND SECTION 40-19-230, RELATING TO REQUIREMENTS FOR LICENSURE AS AN EMBALMER AND A FUNERAL DIRECTOR, SO AS TO CHANGE THE EXAMINATION REQUIRED FOR AN EMBALMER, TO DELETE THE PROVISIONS RELATING TO OBTAINING LICENSURE IF LICENSED IN ANOTHER STATE,


Printed Page 4610 . . . . . Wednesday, May 24, 2000

AND TO CHANGE LICENSE RENEWAL FROM ANNUAL TO BIENNIAL RENEWAL; TO ADD SECTION 40-19-235 SO AS TO PROVIDE LICENSURE PROCEDURES FOR OUT-OF-STATE LICENSEES; TO AMEND SECTION 40-19-250, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS TO CONFORM TO BIENNIAL LICENSURE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH REQUIREMENTS FOR OBTAINING FUNERAL HOME, BRANCH FUNERAL HOME, RETAIL SALES OUTLET, AND CREMATORY PERMITS; TO AMEND SECTION 40-19-270, RELATING TO ADDITIONAL PERMIT REQUIREMENTS, SO AS TO IMPOSE THESE REQUIREMENTS ON RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280 RELATING TO ACTIVITIES FUNERAL DIRECTORS AND EMBALMERS ARE PROHIBITED FROM ENGAGING IN, SO AS TO APPLY CERTAIN PROHIBITIONS TO CREMATORIES AND RETAIL SALES OUTLETS; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION, SERVICES, AND FEES OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO CREMATORIES AND RETAIL SALES OUTLETS.

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

H. 4713--RECOMMITTED

The following Bill was taken up:

H. 4713 (Word version) -- Reps. Jennings, Harrison, Altman, Knotts and F. Smith: A BILL TO AMEND SECTION 23-6-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

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


Printed Page 4611 . . . . . Wednesday, May 24, 2000

H. 4677--RECOMMITTED

The following Bill was taken up:

H. 4677 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, WITH NINE INSTEAD OF SEVEN MEMBERS, TO HAVE FOUR MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDERS ASSOCIATION AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE GENERAL MEMBERSHIP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000.

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

H. 4566--RECOMMITTED

The following Bill was taken up:

H. 4566 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-60, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR CRIMINAL RECORD SEARCHES CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE A TEN DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, OR AN ADULT OR CHILD DAYCARE CENTER AND AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A CHARITABLE ORGANIZATION OR A BONA FIDE MENTOR.

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

H. 4305--RECOMMITTED

The following Bill was taken up:

H. 4305 (Word version) -- Reps. Wilkins, Leach, Delleney, Haskins, Hawkins, Bailey, Vaughn, Altman, Hinson, Cotty, Jennings, Littlejohn and Riser: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF


Printed Page 4612 . . . . . Wednesday, May 24, 2000

LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONS ALLOWING PROBATE JUDGES TO PARTICIPATE IN EITHER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM OR THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND A SIMILAR OPTION TO MASTERS-IN-EQUITY.

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

S. 120--RECOMMITTED

The following Bill was taken up:

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


Printed Page 4613 . . . . . Wednesday, May 24, 2000

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\12042AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 44 of the 1976 Code is amended by adding:

"CHAPTER 34
Tattooing

Section 44-34-10.   As used in this chapter:

(1)   'Department' means the Department of Health and Environmental Control.

(2)   'Tattoo facility' means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.

(3)   'Tattoo artist' means a person who practices body tattooing and who meets the requirements of this chapter.

Section 44-34-20.   (A)   The Department of Health and Environmental Control shall establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.

(B)   Prior to applying to the department for a permit, a tattoo facility must ensure that all tattoo artists obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department; the tattoo facility must then apply for and obtain a permit issued by the department, who shall issue such permits, renewable annually, upon presentation of a certificate of each tattoo artist's initial and annual certification of successful completion of a course in blood borne pathogens, tattoo infection control; payment of an annual permitting fee of three hundred dollars per tattoo facility; and upon presentation of a certified copy of an ordinance passed by the local governing body where the business will be located approving the tattooing of persons within its jurisdiction.

Section 44-34-30.   A tattoo artist must observe the following infection control precautions at all times:


Printed Page 4614 . . . . . Wednesday, May 24, 2000

(1)   The tattoo artist must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure.

(2)   When necessary for the tattoo artist to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.

(3)   It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.

(4)   The tattoo artist must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect.

(5)   The tattoo artist must always use on each recipient either:

(a)   single-use disposable needles and injection equipment which is designated and sterilely packaged as single-use only and these needles and injection equipment must never be cleaned or reused in any manner on another client; or

(b)   reusable needles and injection equipment only if properly sterilized by autoclave or chemical germicide used in accordance with the manufacturer's directions.

(6)   All reusable instruments and other tattooing items other than inks must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.

(7)   Prior to any direct contact with the client, the tattoo artist in a sterile manner must place all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized.

(8)   The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction.


Printed Page 4615 . . . . . Wednesday, May 24, 2000

(9)   The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.
The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.

(10)   The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in an manner prescribed by the department.

(11)   Each tattoo facility must keep a written log for two years of autoclave use including, but not limited to, the date and time of use and sterilization spore test strip results done at least monthly.

(12)   The tattoo artist must allow and cooperate with on-site inspections as considered necessary by the department.

(13)   A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment.

Section 44-34-40.   (A)   A person wishing to operate a tattoo facility shall register with the department prior to beginning practice. Upon completion of all the permitting requirements, the tattoo facility shall receive a permit. A permitted facility shall:

(1)   obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;

(2)   provide the department with its business address and the address at which the permittee performs any activity regulated by this chapter;

(3)   pay an annual permit fee of three hundred dollars to the department;

(4)   post the tattoo facility permit in a conspicuous place on the premises of a licensed tattoo facility.

(B)   The department may charge an additional amount if necessary to cover the cost of inspection.

(C)   Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.

Section 44-34-50.   (A)   A tattoo artist must be at least twenty one years old and shall possess a current Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification. The Red Cross First Aid Certification must be renewed every three years,


Printed Page 4616 . . . . . Wednesday, May 24, 2000

and the Adult CPR Certification must be renewed annually. A tattoo artist must conspicuously display:

(1)   the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and

(2)   the annual permit issued by the department.

(B)   A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.

(C)   A tattoo artist must obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department.

Section 44-34-60.   (A)   The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:

(1)   an initial inspection which must be successfully completed as a condition of permitting;

(2)   an inspection after any complaint is filed with the department; and

(3)   inspections which may be conducted by the department at any time without previous notification to the tattoo facility.

(B)   Each tattoo facility location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a tattoo artist uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site.

(C)   A tattoo artist shall verify by means of a picture identification that a recipient is at least twenty-one years of age. For purposes of this section, 'picture identification' means:

(a)   a valid South Carolina driver's license; or

(b)   an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

(D)   A person who has his or her body tattooed while under the age of twenty-one in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation


Printed Page 4617 . . . . . Wednesday, May 24, 2000

to recover actual damages and punitive damages plus costs of the action and attorney's fees.

Section 44-34-70.   (A)   The department may adopt regulations that do not conflict with, or are not more comprehensive than, the provisions of this chapter or with the standards adopted by the department and promulgated in regulations by the department.

(B)   This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.

Section 44-34-80.   The department may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a tattoo facility on probation upon proof that the operator of the facility under this chapter has:

(1)   failed to maintain a business address or telephone number at which the facility may be reached during business hours;

(2)   failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;

(3)   obtained a tattoo facility license through fraud or deceit; or

(4)   violated any applicable law or regulation.

Section 44-34-110.     This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.

Section 44-34-120.     (A)   It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years, unless the tattooing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.

(B)   This section does not apply to the tattooing of an emancipated minor.

(C)   The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.

(D)   Tattooing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.

(E)   Tattooing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.

(F)   A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.


Printed Page 4618 . . . . . Wednesday, May 24, 2000

(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."
SECTION 2. Section 16-17-700 of the 1976 Code is amended to read:

"Section 16-17-700.   It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate, and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both.
SECTION   3.   This act takes effect October 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. KNOTTS moved to recommit the Bill.

Rep. RUTHERFORD moved to table the motion.

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

Yeas 24; Nays 65

Those who voted in the affirmative are:

Breeland               Brown, J.              Emory
Gourdine               Hines, J.              Hines, M.
Hosey                  Inabinett              Jennings
Kennedy                Lloyd                  Lourie
Mack                   McLeod, W.             Moody-Lawrence
Neal, J.M.             Ott                    Parks

Printed Page 4619 . . . . . Wednesday, May 24, 2000

Perry                  Rodgers                Rutherford
Sheheen                Smith, J.              Wilder

Total--24

Those who voted in the negative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Brown, G.              Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Hamilton
Harrell                Harrison               Harvin
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             McGee                  McMahand
Meacham-Richardson     Miller                 Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Sharpe                 Simrill
Smith, F.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Walker                 Whatley                Wilkins
Witherspoon            Young-Brickell

Total--65

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

H. 4335--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4335 (Word version) -- Reps. Harrell, Allison, Altman, Barrett, Harrison, Hinson, Klauber, Leach, Loftis, Perry, Rice, Riser, Robinson, Sandifer, Sharpe,


Printed Page 4620 . . . . . Wednesday, May 24, 2000

Vaughn, Webb, Wilkins, Witherspoon, Young-Brickell, Littlejohn, Wilder, Keegan, Fleming, Woodrum, Simrill, Haskins, McGee, Meacham-Richardson and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS IMPROVEMENT OR ABSOLUTE GRADE ON ITS REPORT CARD FOR ANY YEAR MAY TRANSFER AT THEIR OPTION TO ANY OTHER SCHOOL WITHIN THE DISTRICT OR TO ANOTHER SCHOOL DISTRICT, AND TO PROVIDE FOR PROCEDURES NECESSARY TO ACCOMPLISH THE ABOVE INCLUDING A TRANSFER OF FUNDING FOR THAT STUDENT IF TRANSFERRING TO ANOTHER DISTRICT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21421SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 59-18-935.   (A)   Beginning with the 2001-2002 school year, if a school receives an 'unsatisfactory' on its report card for the improvement rating for two consecutive years, students at that school may transfer to any other public school within the district or to a public school in another school district provided the receiving school has an improvement rating of 'average' or higher.

(B)   Beginning with the 2003-2004 school year, if a school receives an 'unsatisfactory' on its report card for the absolute rating for two consecutive years, students at that school may transfer to any other public school within the district or to a public school in another school district provided the receiving school has an absolute rating of 'average' or higher.

(C)   Receiving schools or districts may accept transfer students at the school district's option. Districts must establish policies outlining objective criteria and methodology to be used in determining the acceptance or rejection of students desiring to transfer. However, school districts are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services. In addition, school districts may not discriminate based on the academic achievements of students.


Printed Page 4621 . . . . . Wednesday, May 24, 2000

Should a student choose to transfer and is accepted to attend another public school outside of their district, the school district of residence may not prohibit such transfer. Schools or school districts refusing to accept transfer students must provide, in writing to the parents of the student, the reasons for refusing admittance.

(D)   Under the provisions of this section, when a student transfers to another school district, the sending school district shall pay the receiving school district an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. School districts receiving transfer students shall count the transfer student for all funding sources, both state and federal.

(E)   Transfer students may remain at the school to which they transferred until they finish the highest grade offered at that school.

(F)   The State, through funds appropriated by the General Assembly, shall provide transportation to all students choosing to transfer to another public school within their district or to another public school in an adjoining district."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT BEGINNING WITH THE 2001-2002 SCHOOL YEAR, STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" ON ITS REPORT CARD UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS IMPROVEMENT RATING FOR TWO CONSECUTIVE YEARS MAY TRANSFER TO ANOTHER SCHOOL WITHIN OR WITHOUT THE DISTRICT, TO PROVIDE THAT BEGINNING WITH THE 2003-2004 SCHOOL YEAR, STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" ON ITS REPORT CARD UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS ABSOLUTE RATING FOR TWO CONSECUTIVE YEARS MAY TRANSFER TO ANOTHER SCHOOL WITHIN OR WITHOUT THE DISTRICT, AND TO PROVIDE THE CRITERIA AND PROCEDURES FOR SUCH TRANSFERS INCLUDING A TRANSFER OF FUNDING FOR THAT STUDENT IF TRANSFERRING TO ANOTHER DISTRICT. /


Printed Page 4622 . . . . . Wednesday, May 24, 2000

Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.

Rep. MOODY-LAWRENCE was recognized.

Rep. W. MCLEOD moved to continue the Bill.

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

Yeas 39; Nays 63

Those who voted in the affirmative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, J.              Carnell
Clyburn                Cobb-Hunter            Emory
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Kennedy
Kirsh                  Lee                    Lloyd
Mack                   McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Parks
Rhoad                  Rutherford             Scott
Sheheen                Smith, F.              Smith, J.
Whipper                Wilder                 Wilkes

Total--39

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hinson                 Huggins                Keegan

Printed Page 4623 . . . . . Wednesday, May 24, 2000

Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Neal, J.H.             Neilson
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Walker                 Whatley
Wilkins                Witherspoon            Young-Brickell

Total--63

So, the House refused to continue the Bill.

Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of Amendment No. 1, Rep. MOODY-LAWRENCE having been recognized.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

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


Printed Page 4624 . . . . . Wednesday, May 24, 2000

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

S. 1315 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND CHAPTER 71 OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE BY ADDING ARTICLE 19, SO AS TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE & FINAL ADVERSE DETERMINATIONS.
Ordered for consideration tomorrow.

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

S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
Ordered for consideration tomorrow.

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

S. 1166 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.
Ordered for consideration tomorrow.


Printed Page 4625 . . . . . Wednesday, May 24, 2000

CONCURRENT RESOLUTION

The following was introduced:

H. 5134 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING DEACON AMOS GILLIAM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF THE FLAT ROCK COMMUNITY IN GREENVILLE COUNTY, FLAT ROCK BAPTIST CHURCH, AND HIS COUNTRY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1403 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ESTABLISH AN ENVIRONMENTAL QUALITY AND ECONOMIC GROWTH TASK FORCE, TO PROVIDE FOR ITS MEMBERSHIP AND THE ISSUES IT WILL STUDY, AND TO REQUIRE THE TASK FORCE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY APRIL 1, 2001, AT WHICH TIME THE TASK FORCE SHALL BE ABOLISHED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

INTRODUCTION OF BILLS

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

H. 5135 (Word version) -- Reps. Carnell and Parks: A BILL TO AMEND ACT 441 OF 1959, AS AMENDED, RELATING TO THE GREENWOOD METROPOLITAN DISTRICT, SO AS TO INCREASE THE MEMBERS ON THE DISTRICT COMMISSION FROM SIX TO SEVEN, TO REQUIRE THREE MEMBERS PREVIOUSLY APPOINTED BY THE GOVERNOR TO BE ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO PROVIDE THAT THE ELECTED MEMBERS SHALL SERVE TWO-YEAR TERMS,


Printed Page 4626 . . . . . Wednesday, May 24, 2000

AND TO ADD ONE MEMBER TO BE APPOINTED BY THE GREENWOOD COUNTY COUNCIL.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 984 (Word version) -- Senators Waldrep, Elliott, Hayes, Setzler, Wilson, Leatherman, Branton, Reese, Leventis and Rankin: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE'S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.
Referred to Committee on Ways and Means

S. 1131 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEYS FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.
Referred to Committee on Labor, Commerce and Industry


Printed Page 4627 . . . . . Wednesday, May 24, 2000

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5109 (Word version) -- Reps. J. Smith and Miller: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.

H. 5111 (Word version) -- Reps. M. McLeod and Harvin: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE WILSON HALL "BARONS" VARSITY BASEBALL TEAM FOR AN OUTSTANDING SEASON AND ON CAPTURING THE 2000 SCISAA 3A STATE BASEBALL CHAMPIONSHIP.

H. 5113 (Word version) -- Reps. Lucas and Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AARON ARD OF DARLINGTON ON RECEIVING HIS DOCTORATE IN STATISTICS FROM CORNELL UNIVERSITY, ITHACA, NEW YORK, AND TO COMMEND HIM FOR ACHIEVING THIS ACADEMIC PINNACLE THROUGH PERSEVERANCE AND HARD WORK DESPITE FACING ADVERSE SITUATIONS WHICH MIGHT HAVE DAUNTED A LESS DETERMINED PERSON.

H. 5127 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE MRS. HARRIETT CARLOS BREVARD OF KERSHAW COUNTY, ON THE OCCASION OF HER RETIREMENT AS AN EDUCATOR AND PRINCIPAL IN THE PUBLIC SCHOOL SYSTEM OF KERSHAW COUNTY, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.


Printed Page 4628 . . . . . Wednesday, May 24, 2000

ADJOURNMENT

At 4:45 p.m. the House, in accordance with the motion of Rep. ROBINSON, adjourned in memory of Samuel J. Duckett, to meet at 10:00 a.m. tomorrow.

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