HOUSE JOURNAL for May 26, 1999 - South Carolina Legislature Online

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

Wednesday, May 26, 1999
(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:

All wise and never failing God, we pray because of our need, and because we confidently believe that You are the sufficiency to satisfy our needs. We do not pray for easy lives, but that we may be stronger persons. We do not pray for tasks equal to our ability, but for ability equal to our tasks. We do not pray for simple solutions to complex problems, but rather that You would show us the next step. So help us to do our work with courage and wisdom and thus receive Your divine approval. In Your mercy, Lord, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. MCMAHAND moved that when the House adjourns, it adjourn in memory of Mrs. Gertrude Brock of Pelzer, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., May 25, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Passailaigue and Hayes of the Committee of Conference on the part of the Senate on H. 3002:
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

Very respectfully,
President

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2372
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30, 44-1-50
Procedures for Contested Cases
Received by Speaker of the House of Representatives January 20, 1999
Referred to House Committee on Judiciary
Legislative Review Expiration May 20, 1999
19990219 House Judiciary Committee Requested Withdrawal

120 Day Period Tolled
19990324 Withdrawn and Resubmitted
19990526 House Judiciary Committee Requested Withdrawal
19990526 Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEES

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

S. 581 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.
Ordered for consideration tomorrow.

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

H. 3873 (Word version) -- Reps. D. Smith, Robinson, Quinn, Kelley, Sharpe, McGee, Law, Edge, Harrison, Meacham, Allison, Altman, Bailey, Barrett, Beck, Campsen, Cato, Chellis, Clyburn, Cotty, Davenport, Delleney, Easterday, Hamilton, Haskins, Hinson, Jennings, Koon, Leach, Limehouse, Littlejohn, Loftis, Mason, Rice, Rodgers, Sandifer, Simrill, J. Smith, R. Smith, Vaughn, Walker, Woodrum and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-70 SO AS TO PROVIDE THAT DURING ITS ANNUAL SESSION, EACH HOUSE OF THE GENERAL ASSEMBLY SHALL MEET ON TUESDAY AND WEDNESDAY OF EACH WEEK IN STATEWIDE SESSION AND ON THURSDAY AND FRIDAY OF EACH WEEK IN LOCAL SESSION.
Ordered for consideration tomorrow.

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

S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
Ordered for consideration tomorrow.

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

S. 37 (Word version) -- Senators Hayes, Elliott, Giese, Rankin and Branton: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT, IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).
Ordered for consideration tomorrow.

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

S. 388 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Ordered for consideration tomorrow.

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

S. 70 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
Ordered for consideration tomorrow.

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

S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.
Ordered for consideration tomorrow.

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

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

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 33 to 10.

Ordered for consideration tomorrow.

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

S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
Ordered for consideration tomorrow.

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

S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Ordered for consideration tomorrow.

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

S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese, Setzler, Drummond, Bryan, Martin, Courtney, Branton, Fair, J. Verne Smith, Russell and Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
Ordered for consideration tomorrow.

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

S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
Ordered for consideration tomorrow.

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

S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
Ordered for consideration tomorrow.

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

S. 505 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-23-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR OFFENSES INVOLVING WEAPONS, SO AS TO CLARIFY THE DEFINITION OF MILITARY FIREARM.
Ordered for consideration tomorrow.

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

S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 402 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-26 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF BEAR CREEK IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 670 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER NEAR RESIDENCES SO AS TO PROVIDE THAT A LANDOWNER HUNTING ON HIS OWN LAND, HIS LICENSEE, OR A PERSON TAKING DEER PURSUANT TO A DEPARTMENT PERMIT ARE EXEMPT FROM THE PROHIBITION AGAINST HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE.
Ordered for consideration tomorrow.

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

S. 38 (Word version) -- Senators McConnell, Passailaigue, O'Dell, Elliott, Leventis, Wilson and Branton: A JOINT RESOLUTION TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE" AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 4163 (Word version) -- Reps. J. Smith and Lourie: A HOUSE RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S TRACK TEAM ON WINNING THE SOUTHEASTERN CONFERENCE WOMEN'S OUTDOOR TRACK AND FIELD TITLE FOR 1999, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM'S MEMBERS AND COACHES ON THURSDAY, MAY 27, 1999.

Whereas, the women's track program at the University of South Carolina commenced in 1991 when USC joined the Southeastern Conference; and

Whereas, former NCAA champions Dawn Ellerbe (with four national titles) and Lisa Misipeka (with two national titles) led the Lady Gamecocks to a second place finish in the SEC outdoor championship meet in 1996, the program's highest finish in the conference up to that point; and

Whereas, the Southeastern Conference is considered the toughest-and the premier-track conference in the nation; and

Whereas, the USC women's track team won the SEC Outdoor Track and Field Championships on Sunday, May 23, 1999; the Lady Gamecocks brought home five women's titles at the meet, including the 4x400 meter relay; Ellakisha Williamson won both the 100 meter and the 400 meter hurdles and ran a leg of the school-record 4x400 meter relay team; Mikele Barber won her second consecutive SEC title in the 400 meters and ran the anchor leg of the relay; Erin Narzinski won her second heptathlon in three years, and Michelle Fournier won USC's fourth straight hammer title; and

Whereas, the Lady Gamecocks currently are ranked eighth nationally and will travel to Boise, Idaho for the NCAA Championships to be held June 2 - 5, 1999; and

Whereas, this SEC crown is an outstanding accomplishment for a program that has come a very long way in just a few short years; the members of the Lady Gamecocks track team are talented, dedicated student-athletes who are greatly deserving of recognition, and we are, indeed, pleased to be able to honor them in this special manner. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, congratulates the University of South Carolina women's track team on winning the Southeastern Conference Women's Outdoor Track and Field Title for 1999.

Be it further resolved that the privilege of the floor of the House of Representatives be extended to the team and its coaches on Thursday, May 27, 1999, at a time to be set by the Speaker, for the purpose of being recognized and honored for their accomplishments.

Be it further resolved that a copy of this resolution be presented to the team and its coaches.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4164 (Word version) -- Reps. Kelley and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. JULIA BENIK OF HORRY COUNTY AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4165 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1999 CLASS AAA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 855 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 82 AT THE INTERSECTION OF CHERRY ROAD AND INTERSTATE I-77 THE "COLEMAN POAG INTERCHANGE" IN HONOR OF THE HONORABLE COLEMAN GROVES POAG, WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF YORK WITH DISTINCTION AS A STATE SENATOR AND AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS A MEMBER OF THE BOARD OF VISITORS OF CLEMSON UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4166 (Word version) -- Reps. Robinson, Allen, Altman, Barrett, Campsen, Cato, Cobb-Hunter, Cooper, D. Smith, Davenport, Delleney, Easterday, Edge, Gamble, Hamilton, Haskins, Hawkins, Kirsh, Klauber, Koon, Lanford, Leach, Littlejohn, Loftis, Lourie, Maddox, McGee, Meacham, Miller, Moody-Lawrence, Quinn, Rice, Sharpe, Sheheen, Simrill, Stille, Tripp, Trotter, Vaughn, Walker and Woodrum: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Referred to Committee on Ways and Means

H. 4167 (Word version) -- Rep. Bailey: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA VACATION RENTAL ACT"; AND TO AMEND SECTION 45-5-10, RELATING TO DEFINITIONS FOR PURPOSES OF SAFETY REGULATIONS FOR HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, SO AS TO ADD PROVISIONS TO THE DEFINITION OF "HOTEL", AND PROVIDE THAT HOTELS, INCLUDING THOSE WITH MULTIPLE SINGLE INDIVIDUAL UNIT OWNERS, ARE NOT SUBJECT TO SECTION 40-57-135 AS THAT SECTION PROVIDES FOR HOLDING TENANTS' RENTAL TRANSACTIONS IN A TRUST ACCOUNT.
Referred to Committee on Labor, Commerce and Industry

S. 238 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER NEAR A RESIDENCE, SO AS TO ALSO PROHIBIT HUNTING WITHIN THREE HUNDRED YARDS OF A SCHOOL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 810 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO DELETE SPECIFIC DELINEATIONS OF THE BOUNDARIES OF THESE VOTING PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO REDESIGNATE AN ADDITIONAL PRECINCT AS RIDGELAND 3, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY WITH THE APPROVAL OF A MAJORITY OF THE JASPER COUNTY LEGISLATIVE DELEGATION.
Referred to Committee on Judiciary

S. 849 (Word version) -- Senator Rankin: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL WITHIN THE HORRY COUNTY SCHOOL SYSTEM WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT WITHIN THE HORRY COUNTY SCHOOL SYSTEM IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 4168 (Word version) -- Reps. J.M. Neal and Sheheen: A HOUSE RESOLUTION TO CONGRATULATE THE NORTH CENTRAL HIGH SCHOOL GIRLS SOFTBALL TEAM OF KERSHAW FOR WINNING THE CLASS A STATE GIRLS SOFTBALL CHAMPIONSHIP.
The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4169 (Word version) -- Reps. J.M. Neal and Sheheen: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NORTH CENTRAL HIGH SCHOOL GIRLS SOFTBALL TEAM AND ITS COACHES AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 27, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE CLASS A STATE GIRLS SOFTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the North Central High School Girls Softball Team and its coaches and other school officials on Thursday, May 27, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for winning the Class A State Girls Softball Championship.

The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Lanford                Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neal J.M.
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Smith D.
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 26.

Ralph Canty                            Fletcher Smith
Jerry Govan                            Larry Koon
James Law                              Joel Lourie
Denny Neilson                          Clementa Pinckney
Todd Rutherford                   Lynn Seithel
Alex Harvin

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. SMITH a temporary leave of absence.

SPECIAL PRESENTATION

Rep. CHELLIS presented to the House the Summerville High School "Green Wave" Boys Varsity Soccer Team, 1999 Class AAAA Champions, their coaches, staff and other school officials.

SPECIAL PRESENTATION

Rep. EASTERDAY presented to the House the Hillcrest High School Girls Soccer Team, the 1999 State AAAA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. RHOAD presented to the House the family of Monnie and Evelyn Singleton of Ehrhardt for being named the 1999 Black Family of the Year.

SPECIAL PRESENTATION

Reps. RHOAD, KNOTTS and KOON presented to the House June M. Johnson, recipient of the 1998 Accessibility Award by the ARC of the Midlands, advocates for the rights of citizens with disabilities.

DOCTOR OF THE DAY

Announcement was made that Dr. David L. Cull of Greenville is the Doctor of the Day for the General Assembly.

CO-SPONSOR REMOVED

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

Bill Number: H. 4062 (Word version)
Date: REMOVE:
05/26/99 LEACH

ORDERED TO THIRD READING

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

S. 839 (Word version) -- Senators Elliott and Glover: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE DILLON COUNTY TRANSPORTATION COMMITTEE.

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

H. 3720 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-65 SO AS TO PROVIDE THAT IN THE EVENT THE STATE OF SOUTH CAROLINA DETERMINES BY LAW OR OTHERWISE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS FUND SHOULD BE DISCONTINUED AND ALL TUITION PREPAYMENT CONTRACTS CANCELED, CONTRIBUTORS SHALL BE ENTITLED TO A REFUND OF ALL PAYMENTS TO THE FUND PLUS INTEREST ON THESE CONTRIBUTIONS AT THE RATE OF FOUR PERCENT PER ANNUM, AND TO PROVIDE THAT IF THE FUND DOES NOT HAVE SUFFICIENT MONIES TO MAKE SUCH REFUNDS, THE DEFICIENCIES SHALL BE PAID FROM THE GENERAL FUND OF THE STATE.
Rep. STILLE explained the Bill.

S. 564 -- AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. FLEMING having the floor:

S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.

Reps. SHARPE, WITHERSPOON and OTT proposed the following Amendment No. 7 (Doc Name GJK\AMEND\20755DJC99):
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code, as last amended, by Act 93 of 1995, is further amended to read:

"Section 50-11-27. It is unlawful to hunt migratory waterfowl on Lake Murray within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Murray includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. (A) For purposes of this section:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt or other feed that would constitute a lure, attraction, enticement or bait to waterfowl.

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(C) From November 1 to February 1 of the following year, it is unlawful to bait, assist in or cause to be baited any of the waters of Lake Murray below the lakefront property line. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(D) A person who violates subsection(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

A person who violates subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING continued speaking.

Rep. FLEMING moved to adjourn debate on the amendment, which was agreed to.

Reps. SHARPE, WITHERSPOON, OTT and W. MCLEOD proposed the following Amendment No. 8 (Doc Name GJK\AMEND\20763DJC99), which was adopted.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code, as last amended by Act 93 of 1995, is further amended to read:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395, excluding tributaries;

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt, or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl;

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing, or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Newberry and Saluda Counties within two hundred yards of a dwelling or marina without written permission of the owner and occupant.

(C) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Lexington and Richland Counties within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(D) From November 1 to February 1 of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Lake Murray below the lakefront property line. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(E) A person who violates subsections (B) and (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(F) A person who violates subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20657DJC99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-27 of the 1976 Code, as added by Act 93 of 1995, is amended to read:

"Section 50-11-27. It is unlawful to hunt migratory waterfowl on Lake Murray within ~~two~~ three hundred yards of the 360 degree contour line along the shoreline where a dwelling or marina is located without written permission of the owner and occupant. As used in this section, Lake Murray includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395, excluding tributaries. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. SHARPE, WITHERSPOON and OTT proposed the following Amendment No. 2(Doc Name GJK\AMEND\20733DJC99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code is amended to read: "Section 50-11-27. (A) For purposes of this section:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt or other feed that would constitute a lure, attraction, enticement or bait to waterfowl.

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(C) From November 1 to February 1 of the following year, it is unlawful to bait, assist in or cause to be baited any of the waters of Lake Murray. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(D) A person who violates subsection(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

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

Reps. SHARPE, WITHERSPOON and OTT proposed the following Amendment No. 3 (Doc Name GJK\AMEND\20733DJC99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code, as last amended, by Act 93 of 1995, is further amended to read:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt or other feed that would constitute a lure, attraction, enticement or bait to waterfowl.

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(D) A person who violates subsection(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

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

Rep. WITHERSPOON proposed the following Amendment No. 4 (Doc Name GJK\AMEND\20740DJC99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code, as last amended, by Act 93 of 1995, is further amended to read:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt or other feed that would constitute a lure, attraction, enticement or bait to waterfowl.

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(C) From November 1 to February 1 of the following year, it is unlawful to bait, assist in or cause to be baited any of the waters of Lake Murray within one hundred feet of the high water mark of Lake Murray. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(D) A person who violates subsection(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

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

Reps. SHARPE, WITHERSPOON and OTT proposed the following Amendment No. 7 (Doc Name GJK\AMEND\20755DJC99), which was tabled.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code, as last amended, by Act 93 of 1995, is further amended to read:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) 'Bait' means shelled, shucked or unshucked corn, wheat, or grain, salt or other feed that would constitute a lure, attraction, enticement or bait to waterfowl.

(3) 'To bait' or 'baiting' means placing, exposing, depositing, distributing or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(D) A person who violates subsection(B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

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

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

S. 591-- DEBATE ADJOURNED

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

S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.

H. 3858 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3858 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND SECTION 4-9-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE ASSETS, PROPERTIES, AND RESPONSIBILITIES OF A PUBLIC SERVICE DISTRICT FOR THE DELIVERY OF CLINICAL MEDICAL SERVICES TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER LOCATED WITHIN THE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE SERVICES MUST BE CLINICAL AND THAT THE TRANSFER MUST BE TO ANOTHER POLITICAL SUBDIVISION OR AN APPROPRIATE HEALTH CARE PROVIDER IN THE DISTRICT, LIMIT THE APPLICATION OF THIS SECTION TO A HOSPITAL PUBLIC SERVICE DISTRICT, PROVIDE THAT THE REFERENDUM REQUIREMENT IS NOT NECESSARY FOR A TRANSFER TO CERTAIN ENTITIES, AND PROVIDE THAT THE DISTRICT MAY BE DISSOLVED UPON THE COMPLETION OF THE TRANSFER AND ASSUMPTION OF THE RESPONSIBILITIES AND OBLIGATIONS OF THE DISTRICT.

Rep. WILDER proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3558MM99), which was adopted.
Amend the bill, as and if amended, by deleting Section 4-9-82(C), as contained in SECTION 1, page 2, beginning on line 9, and inserting:
/ (C) Provided however, that the requirements of subsection (B) do not apply to a transfer by a hospital public service district that owns or controls less than one hundred thirty licensed or otherwise authorized acute care hospital beds and is located entirely within a county with a population of less than forty thousand persons, and the:

(1) transfer is to a not-for-profit entity whose governing board is appointed by the Governor, upon the recommendation of the legislative delegation from the county where the hospital public service district is located, and which otherwise is in compliance with subsection (A); or

(2) transfer is to an entity created pursuant to the provisions of Chapter 31 of Title 33, or the provisions of Chapter 35 of Title 33, or the provisions of Articles 15 and 16 of Chapter 7 of Title 44, and whose governing board is appointed by the Governor, upon recommendation of the legislative delegation from the county where the hospital public service district is located; or

(3) transfer is to another governmental entity. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. BATTLE proposed the following Amendment No. 2 (Doc Name PSD\AMEND\7540AC99), which was adopted.
Amend the bill, as and if amended, Section 4-9-82(A), page 1, by deleting lines 37 and 38 and inserting:
/ "Section 4-9-82. (A) The governing body of any hospital public service district /
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 199 -- REQUESTS FOR DEBATE

The following Bill was taken up:

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.

Rep. HAMILTON requested debate on the Bill.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7453AC99):
Amend the bill, as and if amended, by deleting Section 20-7-2910 on page 8, and inserting:
/ "Section 20-7-2910. ~~It shall be the responsibility of~~ The child day care operator to ~~notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of~~ shall submit a formal request for inspection of the child care facility to the department. The department to shall request ~~that the local~~ the appropriate state health and fire safety agencies to conduct an inspection of the facility ~~at least annually~~ before renewal of the registration and more often if necessary to ~~insure~~ ensure compliance with health and fire safety regulations. ~~If there be no local health and safety agencies to conduct the inspection, then the appropriate state agency will conduct the inspection.~~ The department shall register ~~any such~~ the day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with ~~such~~ these regulations and the requirements of Section 20-7-2900.

The applicable regulations ~~applied shall~~ must be the same health and fire safety regulations applied to other facilities regulated under this subarticle ~~as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes~~." /

Amend the bill further by deleting SECTION 12 and inserting:
/ SECTION 12. This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. M. HINES explained the amendment.

Reps. VAUGHN and ROBINSON requested debate on the Bill.

S. 526 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 526 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, AND TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7508HTC99), which was adopted.
Amend the bill, as and if amended, Section 41-31-390(B) as contained in SECTION 1, page 2, on line 13, by inserting after / agency / on line 13 / or the Department of Revenue / so that when amended, Section 41-31-390(B) reads:

"(B) The ~~sheriff or tax collector~~ commission may contract with a collection agency or the Department of Revenue for the purpose of collecting delinquent payments of contributions, interest, penalties, employment security administrative contingency assessments, and any other reasonable costs authorized by subsection (A)."
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

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

ACTING SPEAKER CATO IN CHAIR
H. 4135 -- DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Tuesday, June 1, which was adopted:

H. 4135 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SPEAKER IN CHAIR
S. 739 -- INTERRUPTED DEBATE

The following Bill was taken up:

S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.
Rep. BATTLE explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. BATTLE having the floor.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., May 26, 1999
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. SHARPE the invitation was accepted.

REPORTS OF STANDING COMMITTEES

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

H. 4120 (Word version) -- Reps. Bales and Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE BOAT LANDING ON THE WATEREE RIVER LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 378 AND THE WATEREE RIVER IN RICHLAND COUNTY IN HONOR OF SERGEANT WILLIAM T. (BILLY) TOLAR AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

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

H. 4145 (Word version) -- Rep. Rice: A HOUSE RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO STUDY AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON METHODS TO ELIMINATE THE FORTY-FIVE DAY GRACE PERIOD IN WHICH PERSONS WHO NEWLY ACQUIRE MOTOR VEHICLES AND OWNERS OF FOREIGN MOTOR VEHICLES BEING MOVED INTO THIS STATE MAY OPERATE THESE MOTOR VEHICLES WITHOUT DISPLAYING AN OFFICIAL SOUTH CAROLINA LICENSE PLATE.
Ordered for consideration tomorrow.

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

H. 4151 (Word version) -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON METHODS TO ELIMINATE THE FORTY-FIVE DAY GRACE PERIOD IN WHICH PERSONS WHO NEWLY ACQUIRE MOTOR VEHICLES AND OWNERS OF FOREIGN MOTOR VEHICLES BEING MOVED INTO THIS STATE MAY OPERATE THESE MOTOR VEHICLES WITHOUT DISPLAYING AN OFFICIAL SOUTH CAROLINA LICENSE PLATE.
Ordered for consideration tomorrow.

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

H. 4154 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO DEVELOP AND ENACT LEGISLATION THAT WILL ENHANCE THE USE OF ACHIEVEMENT GROUPING OF STUDENTS IN REGULAR CLASSES IN PUBLIC SCHOOLS.
Ordered for consideration tomorrow.

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

S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
Ordered for consideration tomorrow.

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

S. 33 (Word version) -- Senators Moore, O'Dell, Elliott, Giese, Rankin, Washington and Setzler: A BILL TO AMEND SECTION 40-47-211 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REQUIRE SIX MEMBERS TO BE ELECTED AT LARGE FROM ACROSS THE STATE AND TO REQUIRE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

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

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

S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO REFERENCE EXTERNSHIPS; TO AMEND SECTION 40-43-85 RELATING TO INTERNSHIP PROGRAMS AND PRACTICAL EXPERIENCE, SO AS TO REVISE REQUIREMENTS FOR PRACTICAL EXPERIENCE; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF PHARMACISTS-IN-CHARGE AND CONSULTANT PHARMACISTS, AND TO THE SALE OF NONPRESCRIPTION DRUGS, SO AS TO REVISE CERTAIN RECORDKEEPING AND FACILITY REQUIREMENTS, TO REVISE AND CLARIFY THE PHARMACIST TO TECHNICIAN RATIO IN CERTAIN FACILITIES, TO REVISE SPECIFIED CONSULTANT PHARMACIST DUTIES, TO CLARIFY PROVISIONS RELATING TO THE SALE OF NONPRESCRIPTION DRUGS AND TO PROHIBIT REQUIRING SUCH DRUGS TO BE SOLD BY PHARMACISTS OR IN A PHARMACY, AND TO PROHIBIT THE POSSESSION, DISPENSING, OR DISTRIBUTION OF CERTAIN DRUGS WITHOUT A PRESCRIPTION OF A LICENSED PRACTITIONER; AND TO AMEND SECTION 40-43-170, RELATING TO DISPENSING OF MEDICATIONS IN A STATE OF EMERGENCY, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A ONETIME EMERGENCY REFILL MAY BE DISPENSED.
Ordered for consideration tomorrow.

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

S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.

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

H. 3382 (Word version) -- Reps. Moody-Lawrence, Rutherford, Howard, W. McLeod, Canty, J. Hines, Gourdine, Mack, Whipper, F. Smith, Breeland, Cobb-Hunter, Ott, Martin, McGee, Clyburn, Inabinett, Lloyd, Kennedy, Cave, Wilkes, Jennings, T. Brown, Lee, McMahand, Pinckney, Harvin, M. Hines, Hayes and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345 SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS, TO PROVIDE FOR THE COURSE CONTENT, TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONDUCT A STUDY AND REPORT TO THE GENERAL ASSEMBLY ON DEVELOPING A SIMILAR COURSE FOR MEN.
Ordered for consideration tomorrow.

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

H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3317 (Word version) -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4170 (Word version) -- Reps. Koon, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY, MANY FRIENDS, AND COLLEAGUES OF CITY OF CHARLESTON POLICE OFFICER PERRIN RICHARD "RICKY" LOVE, WHO WAS KILLED IN THE LINE OF DUTY ON MAY 21, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4171 (Word version) -- Reps. Parks, Carnell, Stille, Klauber, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO COMMEND AND EXTEND THE BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MR. JOHN C. SHIFLET, JR., UPON RETIREMENT FROM HIS MANY YEARS OF DEDICATED SERVICE TO THE JOHN DE LA HOWE SCHOOL IN MCCORMICK, SOUTH CAROLINA.
The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4172 (Word version) -- Reps. Loftis, Stille, Witherspoon, Altman, Cato, Cooper, Haskins, Klauber, Leach, Littlejohn, Lloyd, Martin, Phillips, Robinson, Tripp, Vaughn, Walker and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE WHICH, BASED ON APPROPRIATE TESTING RESULTS, REQUIRES A STUDENT TO TAKE REMEDIAL MATHEMATICS OR ENGLISH COURSES AS PART OF THE ACADEMIC REQUIREMENTS OF THAT INSTITUTION SHALL BE REIMBURSED FOR THE COST THEREOF BY THE SCHOOL DISTRICT FROM WHICH THE STUDENT GRADUATED, AND TO DEFINE COST AND STUDENT FOR THIS PURPOSE.
Referred to Committee on Education and Public Works

H. 4173 (Word version) -- Rep. Harrison: A BILL TO AMEND ARTICLE 5, CHAPTER 23 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND ANNUAL APPLICATIONS AND LICENSE FEES, BY ADDING SECTION 58-23-555 SO AS TO PROVIDE FOR THE SEMIANNUAL FEE FOR THE HOLDER OF A "CERTIFICATE C" HAVING TWENTY OR MORE VEHICLES.
Referred to Committee on Education and Public Works

H. 4174 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 58-23-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND REVOCATION OF "CLASS C" CERTIFICATES FOR MOTOR VEHICLE CARRIERS, SO AS TO ELIMINATE FOR CERTAIN DESCRIBED CERTIFICATE C OPERATORS THE PERMISSION TO SOLICIT PASSENGERS WITHIN A RADIUS OF TWO MILES OF THE CORPORATE LIMITS OF A CITY OR TOWN IN WHICH THE OPERATORS ARE LICENSED TO DO BUSINESS.
Referred to Committee on Education and Public Works

H. 4175 (Word version) -- Reps. R. Smith, Mason, Beck and Sharpe: A BILL TO AMEND ACT 503 OF 1982, RELATING TO THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED IN PARTISAN ELECTIONS, BEGINNING IN THE YEAR 2000 AT THE GENERAL ELECTION WITH THE ELECTION OF MEMBERS WHO WILL SUCCEED THE MEMBERS WHOSE TERMS EXPIRE IN 2001, TO CLARIFY THAT THE LAWS OF THE GENERAL ELECTION APPLY; TO DELETE PROVISIONS INCONSISTENT WITH GENERAL ELECTION LAWS.
Rep. R. SMITH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CLYBURN objected.
Referred to Aiken Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 4176 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO DAVID M. MATHIS OF EDGEFIELD COUNTY FOR HIS DEDICATION TO EDUCATION AND FOR THE EXCELLENT WORK HE HAS DONE AS PRINCIPAL OF MERRIWEATHER ELEMENTARY SCHOOL, AND TO WISH HIM CONTINUED SUCCESS IN HIS ADMINISTRATIVE POSITION WITH THE EDGEFIELD COUNTY SCHOOL DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4177 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE THANKS AND GRATITUDE OF THE GENERAL ASSEMBLY TO DAVID W. HEPNER, SR., THE COMMUNITY AFFAIRS MANAGER FOR THE UNITED STATES DEPARTMENT OF ENERGY'S SAVANNAH RIVER OPERATIONS OFFICE, FOR THE TREMENDOUS JOB HE DOES IN THAT POSITION AND FOR HIS EFFORTS AT MAKING HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA A BETTER PLACE IN WHICH TO LIVE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4178 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHERAW HIGH SCHOOL "BRAVES" BASEBALL TEAM FOR AN OUTSTANDING SEASON AND ON CAPTURING THE 1999 CLASS AA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

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

H. 4179 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL "WARRIORS" GOLF TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 27, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS A STATE GOLF CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Waccamaw High School "Warriors" Golf Team, coaches, and other school officials on Thursday, May 27, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class A State Golf Championship.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4180 (Word version) -- Rep. Harris: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL "BRAVES" BASEBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 27, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AA BASEBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Cheraw High School "Braves" Baseball Team, coaches, and other school officials on Wednesday, May 27, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AA State Baseball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4181 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND CONGRATULATIONS OF THE HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL "WARRIORS" ON WINNING THE 1999 CLASS A STATE GOLF CHAMPIONSHIP.
The Resolution was adopted.

S. 591 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20664DJC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-83. (A) The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.

(B) A party seeking a site specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.

(1) to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model or, if available, a site- specific multidimensional dynamic water quality model.

(2) to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.
(D) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in (C):

(1) the United States Fish & Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior; and

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.

(E) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in (C):

(1) the United States Fish and Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior; and

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.

In order for a site specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (C) justify its implementation. In reaching a decision on the study results, the department, the Department of Natural Resources, and the Environmental Protection Agency must base their decisions on the greater weight of the scientific evidence taken as a whole."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. ROBINSON and DAVENPORT proposed the following Amendment No. 2 (Doc Name DKA\AMEND\3548MM99), which was adopted.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, Section 48-1-83(D) and (E), as contained in SECTION 1, page 591-2, lines 22 and 40, by striking /sixty/ and inserting / thirty /.
Amend title to conform.

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

Reps. ROBINSON and DAVENPORT proposed the following Amendment No. 3 (Doc Name DKA\AMEND\3572MM99), which was adopted.
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, Section 48-1-83(D), as contained in SECTION 1, page 591-2, by deleting line 32 and inserting:
/ The department shall /; and
by deleting lines 34 and 35, and inserting:
/ design of the study as required by subsection (C). The department and the Environmental /.
Amend further, Section 48-1-83(E), as contained in SECTION, page 591-3, by deleting lines 9 and 10, and inserting:
/ oxygen to be implemented pursuant to this section, the department and the Environmental /.
Amend further, Section 48-1-839(E), as contained in SECTION 1, page 591-3, by deleting lines 13 and 14, and inserting:
/ decision on the study results, the department and the Environmental Protection Agency must /.
Amend title to conform.

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

Reps. DAVENPORT and ROBINSON proposed the following Amendment No. 4 (Doc Name DKA\AMEND\3576MM99), which was adopted.
Amend the report of the Committee Agriculture, Natural Resources and Environmental Affairs, as and if amended, by deleting Section 48-1-83(D), as contained in SECTION 1, page [591-2], beginning on line 22, and inserting:
/ (D) The department shall provide the following agencies sixty days in which to review and provide comments on the design of the scientific study required in (C):

(1) the United States Fish & Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior;

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and

(4) the Department of Natural Resources.

The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (C). The department, the Department of Natural Resources, and the Environmental Protection Agency must concur within sixty days on the final design before initiation of a study. Justification of any objection to the study design must be based solely on the greater weight of scientific considerations. /
Amend further, by deleting Section 48-1-83(E), as contained in SECTION 1, beginning on page [591-3], line 40, and inserting:
/ (E) The department shall provide the following agencies sixty days to review and comment on the results of the studies required in (C):

(1) the United States Fish and Wildlife Service of the United States Department of the Interior;

(2) the United States Geological Survey of the United States Department of the Interior;

(3) the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce; and

(4) the Department of Natural Resources.

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

Reps. DAVENPORT and ROBINSON proposed the following Amendment No. 5 (Doc Name DKA\AMEND\3575MM99), which was adopted.
Amend the report of the Committee Agriculture, Natural Resources and Environmental Affairs, as and if amended, Section 48-1-83(D), as contained in SECTION 1, page [591-2], line 39, by inserting at the end:
/ Objections to the study design must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen. /
Amend further, Section 48-1-83(E), as contained in SECTION 1, page [591-3], by inserting after the /./ on line 16:
/ Objections to the acceptance of the results of the study must be provided in writing by the department to the party seeking a site-specific effluent limit related to dissolved oxygen. /
Amend title to conform.

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

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

S. 739 -- ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BATTLE having the floor:

Rep. BATTLE continued speaking.

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

S. 311 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 311 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-52-95 SO AS TO PROVIDE THAT THE SCHOOL TO WORK ADVISORY COUNCIL SHALL REPORT TO THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND THE SENATE EDUCATION COMMITTEE BY JANUARY 1, 2000, AS TO THE PROGRESS MADE IN ESTABLISHING THE SCHOOL-TO-WORK SYSTEM, DIFFICULTIES ENCOUNTERED, AND ANY ACTIONS REQUIRED BY THE GENERAL ASSEMBLY TO ENSURE SUCCESS OF THE SYSTEM; TO PROVIDE THAT NO STATE FUNDS SHALL BE EXPENDED TO SUPPORT THE CONTINUATION OF THE ADVISORY COUNCIL, AND THE ADVISORY COUNCIL SHALL TERMINATE ON DECEMBER 1, 2002; AND TO AMEND SECTION 59-52-90, RELATING TO THE SCHOOL TO WORK ADVISORY COUNCIL AND OTHER RELATED MATTERS, SO AS TO DELETE REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2002.

The Education And Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20737SD99), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 1 and 2, page 2, and inserting:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:

"Section 59-52-95. The School to Work Advisory Council shall report to the House Education and Public Works Committee and the Senate Education Committee by January 1, 2000, as to the progress made in establishing the school-to-work system, difficulties encountered, and any actions required by the General Assembly to ensure success of the system. No state funds shall be expended to support the continuation of the advisory council and the advisory council shall terminate on December 31, 2004."
SECTION 2. Section 59-52-90(A) of the 1976 Code is deleted effective December 31, 2004./
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 535 -- POINT OF ORDER

The following Bill was taken up:

S. 535 (Word version) -- Senators Short, Bryan, Washington, Cork, Setzler, Anderson, Mescher, Hayes, Wilson, Drummond, Waldrep, Jackson, Ford, Rankin, Moore, Land, J. Verne Smith, Hutto, Branton, Russell, Matthews, Leventis, Reese, Passailaigue, Glover, McGill, Elliott, Saleeby and Holland: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.

POINT OF ORDER

Rep. FLEMING 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. 727 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 727 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A SYSTEM OF ALTERNATIVE SCHOOLS FOR SPECIFIED STUDENTS IN GRADES 6-12 FOR WHICH A SCHOOL DISTRICT SHALL RECEIVE CERTAIN FUNDING IF IT CHOOSES TO ESTABLISH, MAINTAIN, AND OPERATE AN ALTERNATIVE SCHOOL EITHER INDIVIDUALLY OR THROUGH A COOPERATIVE AGREEMENT WITH OTHER DISTRICTS, AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.

The Education And Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20736SD99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Article 13
Alternative Schools

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

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

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

(2) 'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students.

Section 59-63-1320. Beginning with the school year 1999-2000, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs at a site separate from other schools unless operated at a time when those school are not in session or in another building on campus which would provide complete separation from other students. These programs shall be provided for, but not limited to, the following categories of students in grades 6-12:

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

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

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

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

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

When students are being considered for placement in an alternative school program, districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).

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

Section 59-63-1325. Nothing in this chapter shall abrogate, usurp, or diminish the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct, including but not limited to expulsion, and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the district and school board, regardless of the offense, record of the child, or other information presented from any source.

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

The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully complete the requirements for a diploma.

Alternative school programs are authorized to use corporeal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporeal punishment unless the punishment is performed in a grossly negligent manner.

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

Section 59-63-1360. A school district shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines.

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

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

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

Upon request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

Reps. TOWNSEND and WALKER proposed the following Amendment No. 2 (Doc Name PT\AMEND\1578SD99), which was adopted.
Amend the bill, as and if amended, by the Committee on Education and Public Works, by striking Section 59-63-1370 of the 1976 Code as contained in SECTION 1 and inserting:

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

Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.49 in fiscal year 1999-2000, and 1.74 in fiscal year 2000-2001 and thereafter. Funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350. /
Amend title to conform.

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

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

Further proceedings were interrupted by the Joint Assembly.

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 A CONSUMER AFFAIRS COMMISSION MEMBER, SEAT 3

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

S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.

CONSUMER AFFAIRS COMMISSION MEMBER, SEAT 3

The PRESIDENT announced that nominations were in order for a Consumer Affairs Commission member, Seat 3.

SENATOR Courtney, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Mrs. Lillian C. Bloom and Rev. Tony L. Macomson.

On motion of SENATOR Courtney, nominations were closed.

The following named Senators voted for Mrs. Bloom:

Anderson               Bryan                  Cork
Fair                   Grooms                 Martin
Passailaigue           Ravenel                J. Verne Smith
Wilson

Total--10

The following named Senators voted for Rev. Macomson:

Alexander              Bauer                  Branton
Courson                Courtney               Drummond
Elliott                Ford                   Giese
Glover                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Matthews
McConnell              McGill                 Mescher
Moore                  O'Dell                 Patterson
Peeler                 Rankin                 Reese
Russell                Ryberg                 Saleeby
Setzler                Short                  Waldrep
Washington

Total--34

On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call. The following named Representatives voted for Mrs. Bloom:

Altman                 Barrett                Battle
Brown G.               Brown H.               Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Easterday
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harvin
Haskins                Hinson                 Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Leach
Loftis                 Lourie                 Martin
McLeod W.              McMahand               Meacham
Miller                 Quinn                  Rice
Riser                  Robinson               Rodgers
Seithel                Sharpe                 Simrill
Smith J.               Smith R.               Stuart
Taylor                 Tripp                  Vaughn
Webb                   Whatley                Wilkins
Young-Brickell

Total--52

The following named Representatives voted for Rev. Macomson:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Beck                   Bowers                 Breeland
Brown J.               Canty                  Clyburn
Cobb-Hunter            Cotty                  Davenport
Delleney               Edge                   Emory
Gourdine               Harris                 Harrison
Hawkins                Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Jennings               Klauber                Lanford
Lee                    Littlejohn             Lloyd
Lucas                  Mack                   Maddox
Mason                  McCraw                 McKay
McLeod M.              Moody-Lawrence         Neal
Neal J.M.              Neilson                Ott
Parks                  Phillips               Rhoad
Rutherford             Sandifer               Scott
Sheheen                Smith D.               Stille
Townsend               Walker                 Whipper
Wilder                 Wilkes                 Witherspoon
Woodrum

Total--61
RECAPITULATION
Total number of Senators voting 44 Total number of Representatives voting 113 Grand Total 157

Necessary to a choice 79
Of which Mrs. Bloom received 62
Of which Rev. Macomson received 95

Whereupon, the President announced that Rev. Tony L. Macomson, having received a majority of the votes cast, was duly elected for the term prescribed by law.

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 12:20 P.M. the House resumed, the SPEAKER in the Chair.

SPEAKER PRO TEMPORE IN CHAIR
H. 3786 -- POINT OF ORDER

The following Bill was taken up:

H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.

POINT OF ORDER

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

S. 786 -- RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 786 (Word version) -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE THE PER DIEM MEMBERS OF THE BOARD RECEIVE FOR EACH MEETING.

OBJECTION TO RECALL

Rep. MCGEE asked unanimous consent to recall S. 97 from the Committee on Ways and Means.
Rep. KIRSH objected.

S. 528 -- REQUEST FOR DEBATE WITHDRAWN

Rep. DAVENPORT, with unanimous consent, withdrew his request for debate on S. 528; however, other requests for debate remained on the Bill.

S. 118 -- REQUEST FOR DEBATE WITHDRAWN

Rep. DAVENPORT, with unanimous consent, withdrew his request for debate on S. 118; however, other requests for debate remained on the Bill.

S. 528 -- REQUEST FOR DEBATE WITHDRAWN

Rep. SIMRILL, with unanimous consent, withdrew his request for debate on S. 528; however, other requests for debate remained on the Bill.

H. 4125 -- RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

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

H. 4125 (Word version) -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE, BY ADDING SECTION 56-19-490 SO AS TO PROVIDE FOR THE RECOUPMENT OF CLOSING COSTS INCURRED BY A MOTOR VEHICLE DEALER IN CONNECTION WITH A SALE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ALLOWABLE ADDITIONAL CHARGES IN CONNECTION WITH A CONSUMER CREDIT SALE, SO AS TO PROVIDE FOR A UNIFORM ADDITIONAL CHARGE BY A MOTOR VEHICLE DEALER TO RECOUP ITS CLOSING COSTS, TO REQUIRE THAT THE CHARGE ALSO APPLY TO CASH BUYERS, TO LIMIT THE CHARGE TO NINETY-NINE DOLLARS AND FIFTY CENTS, AND TO REQUIRE WRITTEN DISCLOSURE.

OBJECTION TO RECALL

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3380 from the Committee on Judiciary.
Rep. SIMRILL objected.

H. 4077 -- RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. QUINN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

H. 4077 (Word version) -- Rep. Quinn: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE TRAVEL REGULATIONS FOR STATE EMPLOYEES, TO RECOMMEND CHANGES IN THE POLICIES TO ENHANCE THE EFFICIENCY AND COST EFFECTIVENESS OF THE STATE'S EXPENDITURES ON THE TRAVEL FOR ITS EMPLOYEES; TO MAINTAIN THE CURRENT POLICIES WITHOUT CHANGE WHILE THE STUDY IS BEING CONDUCTED; AND TO REPORT THE FINDINGS OF THE STUDY TO THE GENERAL ASSEMBLY BY JANUARY 15, 2000.

H. 3535 -- SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.

Reps. CATO, BAILEY and EDGE proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11422JM99), which was adopted.
Amend the bill, as and if amended, in SECTION 2, by striking Section 27-31-30, and inserting:
/ "Section 27-31-30. Whenever a lessee, sole owner, or the co-owners of property expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated in Section 27-31-100, their desire to submit their property to the regime established by this chapter, there shall thereby be established a horizontal property regime. Property may be submitted to a horizontal property regime prior to construction or the completion of any building or apartment, improvements, or structures on the property if all proceeds from its sale are deposited into an escrow account with an independent escrow agent until construction or completion of the proposed property as evidenced by issuance of a certificate of occupancy from the appropriate municipal or county authority. In lieu of any escrow required by this section, the escrow agent may accept a surety bond issued by a company licensed to do business in this State as surety in an amount equal to or in excess of the funds that would otherwise be placed in the escrow account with the South Carolina Real Estate Commission designated as beneficiary of any such surety bond."/
Amend title to conform.

Rep. BAILEY 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. 3301 -- SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

Rep. BECK 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. 3174 -- SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.

Rep. CAMPSEN 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. 3640 -- DEBATE ADJOURNED

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

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.

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

H. 3835 -- DEBATE ADJOURNED

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

H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE'S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 12-6-4910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF THE DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; AND TO REPEAL SECTIONS 12-6-5590 RELATING TO REVISION OF THE ASSESSED TAX, 12-54-35 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 12-54-40 RELATING TO PENALTIES IN CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.

Rep. EDGE proposed the following Amendment No. 2A (Doc Name GJK\AMEND\20764HTC99):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2695. (A) Effective for motor vehicle tax years beginning after 1999, There is allowed as a credit against the property tax due on a private passenger motor vehicle as defined in Section 56-3-630, a motorcycle, and a motor-driven cycle for a motor vehicle tax year an amount determined pursuant to subsection (C) of this section.

(B)(1) There must be reimbursed to political subdivisions of the State, including school districts, amounts not collected in personal property taxes because of the tax credit allowed by this section. The Board of Economic Advisors shall estimate the total property taxes to be paid in the State in the calendar year 2000 on vehicles eligible for the credit. An amount equal to seven percent of that estimate must be credited each calendar year to the Trust Fund for Tax Relief.

(2) There must be distributed to each county a percentage of the total credited to the Trust Fund for Tax Relief pursuant to item (1) for a calendar year that is the same percentage the county receives for the fiscal year ending during the applicable calendar year of the total amount distributed to counties pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act. These reimbursements must be paid not less than monthly, and in advance. The reimbursement must be allocated to a taxing entity in the proportion that its revenues from property taxes on eligible vehicles is of the total of such revenues in the county for the calendar year.

(C) From the reimbursements paid a county pursuant to this section for a calendar year, the auditor shall calculate a credit against the personal property tax coming due on eligible motor vehicles during the year, with the credit on each individual vehicle determined by the ratio that its assessed value is of the assessed value of all eligible vehicles registered in the county. This credit shall reduce proportionately the tax otherwise due on the vehicle imposed by each property taxing entity and must be noted on a separate line on the personal property tax bill as 'state motor vehicle tax relief'."
B. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:

"(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:

(1) Section 12-37-251 for the residential property tax exemption;

(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;

(3) Section 12-37-935(B) for manufacturer's additional depreciation; ~~and~~

(4) Section 12-37-450 for the inventory tax exemption; and

(5) Section 12-37-2695 for the motor vehicle tax credit."
C. Notwithstanding other effective dates provided in this act, this section takes effect upon approval by the Governor, and applies for motor vehicle tax years beginning after 1999. /
Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill in that the amendment dealt with local government taxes, but the Bill dealt with state government taxes.
Rep. EDGE stated that the amendment was germane in that the amendment dealt with tax relief and a distribution formula.
Rep. HARRELL stated that the Bill was broadly drafted and dealt with a variety of tax-related topics. He stated further that the amendment created a credit on property taxes and was clearly germane to the Bill.
Rep. SCOTT stated that the amendment was not germane to the Bill in that the amendment dealt with local property taxes and the Bill dealt with exemptions and rollbacks.
SPEAKER PRO TEMPORE HASKINS stated that based on previous precedents in which cases the Bills were comprehensive in nature and dealt with a vast array of issues, the germaneness issue has to be germane to the issue of taxation at both the state and local levels. He therefore overruled the Point of Order.

Rep. D. SMITH moved to adjourn debate on the Senate amendments, which was agreed to.

SPEAKER IN CHAIR
H. 3547 -- SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.

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. 337 -- POINT OF ORDER

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

S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.

POINT OF ORDER

Rep. CATO made the Point of Order that the Senate amendments were 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. 277 -- POINT OF ORDER

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

S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.

POINT OF ORDER

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

H. 3928 -- POINT OF ORDER

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

H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.

POINT OF ORDER

H. 3779 -- POINT OF ORDER

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

H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.

POINT OF ORDER

H. 3487 -- ADOPTED

The following House Resolution was taken up:

H. 3487 (Word version) -- Reps. Miller and Harvin: A HOUSE RESOLUTION EXPRESSING THE COMMITMENT OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CONTINUED SUPPORT AND ENCOURAGEMENT OF LOCAL ECONOMIC DEVELOPMENT AND, IN KEEPING WITH THAT COMMITMENT, MEMORIALIZING THE FEDERAL GOVERNMENT TO MAINTAIN THE CURRENT DEPTH OF THE PORT OF GEORGETOWN AND TO INITIATE ADDITIONAL STUDY AS TO THE FEASIBILITY AND DESIRABILITY OF DEEPENING THE PORT.

Whereas, the Port of Georgetown, located on the Sampit River, is currently twenty-seven feet in depth; and

Whereas, that depth is the minimum depth necessary to the effective and productive operation of the port for economic purposes; and

Whereas, the Port of Georgetown has the potential greatly to enhance its access for shipping and increase its productivity upon the deepening of the port to a depth greater than twenty-seven feet; and

Whereas, the feasibility and desirability of deepening the port can be established by the conduct of appropriate engineering and economic studies; and

Whereas, the members of the House of Representatives support and encourage the efforts of local governments, public and private agencies, and private citizens to create a flourishing economic environment. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives do hereby express their commitment to the continued support and encouragement of local economic development and, in keeping with that commitment, memorialize the federal government to maintain the current depth of the Port of Georgetown and to initiate additional study as to the feasibility and desirability of deepening the port.

Be it further resolved that a copy of this resolution be forwarded to Governor James H. Hodges, the members of South Carolina's Congressional Delegation, the Secretary of the United States Army, the Chief of the United States Corps of Engineers, and the President and Chief Executive Officer and Board of the South Carolina Ports Authority.

The House Resolution was adopted.

H. 4118 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4118 (Word version) -- Reps. Robinson, Simrill, Knotts, Haskins, McGee, Law, Allen, Allison, Altman, Barrett, Cato, Easterday, Fleming, Gourdine, Hamilton, Harvin, Inabinett, Kennedy, Lanford, Leach, Loftis, Maddox, Mason, McCraw, McKay, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Rodgers, Sandifer, Stille, Taylor, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE SECRETARY OF DEFENSE, AND THE CONGRESS OF THE UNITED STATES TO SUPPORT THE BERRY AMENDMENT AND "BUY AMERICAN" LAWS, WHICH REQUIRE THE DEPARTMENT OF DEFENSE TO PURCHASE GOODS, MATERIALS, AND SUPPLIES MADE IN AMERICA FOR AMERICA'S MILITARY AND DEFENSE NEEDS AND TO DEFEAT ANY MEASURE OR PROPOSAL INTRODUCED IN THE CONGRESS OF THE UNITED STATES THAT WOULD HAVE THE EFFECT OF SUSPENDING OR REPEALING THE BERRY AMENDMENT OR ALLOW THE SECRETARY OF DEFENSE TO WAIVE "BUY AMERICAN" LAWS.

Whereas, the Berry Amendment requires the Department of Defense to purchase only United States made textiles, clothing, specialty steel, and food, and for over fifty years, this requirement has ensured that the United States military has a dependable domestic source for these critical goods; and

Whereas, military "readiness" is essential today as always, as there is much political uncertainty around the world. In 1991, the United States textile industry responded with speed, ingenuity, and flexibility when called upon to create new products to meet the unique demands of desert warfare. Our desert camouflage tent fabric, made especially for the Persian Gulf War, would not have been available from a foreign source considering the specifications and quick turn-around necessary; and

Whereas, total quality, innovation, flexibility, and just-in-time delivery are a few of the hallmarks of the United States textile industry and create a "value package" unmet by foreign competitors. Price should not be the defining issue or determining factor when the lives of our fighting men and women and, indeed, our national security are at stake in a malevolent world; and

Whereas, maintaining a strong textile-manufacturing base in the United States assures continued investment in research and development leading to a reliable source for innovative and vital military products and a continued "warm" industrial base that provides a "win-win" proposition for the United States; and

Whereas, the textile-manufacturing base's commitment to military readiness and total product value for our soldiers, sailors, airmen, and marines, combined with executive and congressional commitment to maintaining the integrity of the Berry Amendment language in military procurement policy, will keep America strong economically as well as militarily and lead to a more secure future for all Americans. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, hereby memorialize the President, the Secretary of Defense, and the Congress of the United States to support the Berry Amendment and "Buy American" laws which require the Department of Defense to purchase goods and supplies made in America for America's military and defense needs and to defeat any measure or proposal introduced in the Congress of the United States that would have the effect of suspending or repealing the Berry Amendment or allow the Secretary of Defense to waive "Buy American" laws.

Be it further resolved that copies of this resolution be forwarded to the Honorable Bill Clinton, President of the United States, to the Honorable William S. Cohen, Secretary of Defense, to the Honorable John Warner, Chairman of the Senate Committee on Armed Services, to the Honorable Floyd Spence, Chairman of the House Committee on Armed Services, and to each member of the South Carolina Congressional Delegation.

Rep. ROBINSON explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

H. 3647 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3647 (Word version) -- Reps. Miller, Rodgers, Chellis, Keegan, Altman, Kennedy, Limehouse, Gilham, Barfield, Witherspoon, Dantzler, Bowers, Kelley, Bailey and Young-Brickell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES, THE U.S. ARMY CORPS OF ENGINEERS, AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO REVISIT THE CURRENT REGULATIONS TO ALLOW FOR THE REINSTATEMENT OF PREVIOUSLY APPROVED EMERGENCY SHELTERS IN THE COASTAL COUNTIES AND TO APPROVE SHELTERS RECOMMENDED BY LOCAL CITY AND COUNTY GOVERNMENTS OF GEORGETOWN, HORRY, CHARLESTON, BEAUFORT, AND COLLETON.

Whereas, during evacuation efforts since Hurricane Hugo, it has become apparent that the coastal counties of South Carolina, including Georgetown, Horry, Charleston, Beaufort, and Colleton are greatly affected by the new regulations concerning emergency shelters; and

Whereas, in considering any plan for the safety of the citizens of the coastal areas of South Carolina, it must be realized that many do not have transportation and cannot leave their homes to travel to distant shelters. Tourists, as well as local residents, must be routed on limited highways to unfamiliar locations creating additional safety hazards; and

Whereas, no lives were lost in previously approved shelters during Category 4 Hurricane Hugo; and

Whereas, numerous shelters have been removed from the approved list since Hurricane Hugo and this has caused much hardship for many to reach safety. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorialize the Congress of the United States, the U.S. Army Corps of Engineers, and the Federal Emergency Management Agency to revisit the current regulations to allow for the reinstatement of the previously approved emergency shelters in the coastal counties and to approve shelters recommended by local city and county governments of Georgetown, Horry, Charleston, Beaufort, and Colleton.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation, the Chief of Engineers of the U.S. Army Corps of Engineers, and the Director of the Federal Emergency Management Agency.

The Concurrent Resolution was adopted and sent to the Senate.

S. 730 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 730 (Word version) -- Senators Leventis, Giese and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.

Whereas, military retirees who have served honorably for twenty or more years constitute a significant part of the aging population in the United States; and

Whereas, these retirees were encouraged to make the United States Armed Forces a career, in part by the promise and an implied contract of lifetime health care for themselves and their families; and
Whereas, prior to the age of sixty-five years, these retirees are provided health care services by the United States Department of Defense's TRICARE Prime program, but those retirees who reach the age of sixty-five years lose a significant portion of the promised health care due to Medicare eligibility; and

Whereas, many of these retirees are also unable to access military treatment facilities for health care and life maintenance medications because they live in areas where there are no military treatment facilities or where these facilities have downsized so significantly that available space for care has become nonexistent; and

Whereas, the loss of access to health care services provided by the military has resulted in the government breaking its promise through an implied contractual agreement on all recruitment brochures of lifetime health care; and

Whereas, without continued affordable health care, including pharmaceuticals, these retirees have limited access to quality health care and significantly less care than other retired federal civilians have under the Federal Employees Health Benefits Program (FEHBP); and

Whereas, it is necessary to enact legislation that would restore health care benefits equitable with those of other retired federal workers; and

Whereas, several proposals to meet this requirement are currently under consideration before the United States Congress, the federal Department of Defense (DoD), and Department of Health and Human Services (HHS). Of these proposals, the federal government has already begun to establish demonstration projects around the country to be conducted over the next three years, that will not include South Carolina, which would allow Medicare to reimburse DoD for the costs of providing military retirees and their dependents health care. This project would allow a limited number of Medicare-eligible beneficiaries to enroll in DoD's TRICARE Prime program and receive all of their health care under that program. Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, hereby memorialize the President, the Congress, and the government of the United States to maintain its commitment to America's military retirees by providing lifetime health care for military retirees over the age of sixty-five years, to provide America's military retirees and their families with the health care they were promised and earned by enacting comprehensive legislation that affords military retirees access to health care through military treatment facilities or the military's network of health care providers, and by enacting legislation opening the Federal Employees Health Benefit Program to uniform services beneficiaries eligible for Medicare on the same basis and conditions that apply to federal civilian employees.

Be it further resolved that copies of this resolution be forwarded to President Bill Clinton, Vice-President Al Gore, the Honorable Charles Grassley, Chairman, Senate Special Committee on Aging, the Honorable Denny Hastert, Speaker of the House of Representatives, and to each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 591 -- RECONSIDERED AND DEBATE ADJOURNED

Rep. ROBINSON moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to:

Rep. ROBINSON moved to adjourn debate on the Bill, which was agreed to.

H. 3035 -- COMMITTEE OF CONFERENCE APPOINTED
MESSAGE FROM THE SENATE

Columbia, S.C., May 26, 1999
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. 3035:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Very respectfully,
President

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

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

H. 3620 -- COMMITTEE OF CONFERENCE APPOINTED
MESSAGE FROM THE SENATE

Columbia, S.C., May 26, 1999
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. 3620:
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. TOWNSEND, STILLE and WALKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MOTION PERIOD

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

MOTION ADOPTED

Rep. RICE moved that upon the completion of the Ratification of Acts, the House recede until 2:30 P.M., which was agreed to.

RATIFICATION OF ACTS

At 1:00 P. M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R56, S. 36 (Word version)) -- Senators Waldrep, Elliott, Ryberg and Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES AND TO PROVIDE CIRCUMSTANCES UNDER WHICH A FILING PERIOD MAY BE REOPENED OR EXTENDED.

(R57, S. 56 (Word version)) -- Senators Alexander and Elliott: AN ACT TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

(R58, S. 247 (Word version)) -- Senators Leatherman, McGill and Elliott: AN ACT TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO PROVIDE THAT THE FLORENCE COUNTY ELECTION COMMISSION ESTABLISH POLLING PLACES FOR THESE PRECINCTS; AND TO REPEAL SECTION 7-7-265 RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

(R59, S. 324 (Word version)) -- Senator Russell: AN ACT TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.

(R60, S. 328 (Word version)) -- Senator Cork: AN ACT TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.

(R61, S. 333 (Word version)) -- Senator Setzler: AN ACT TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE PROOF OF A CERTIFICATE IN MASSAGE ISSUED BEFORE JANUARY 1, 1974; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 40-30-40, AS AMENDED, AND SECTION 40-30-65 RELATING TO THE ADVISORY PANEL AND THE DISCIPLINARY PANEL FOR MASSAGE/BODYWORK, RESPECTIVELY, SO AS TO DELETE THE PROHIBITION AGAINST PANEL MEMBERS SERVING MORE THAN TWO TERMS.

(R62, S. 358 (Word version)) -- Senator Peeler: AN ACT TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.

(R63, S. 379 (Word version)) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott, Peeler and Leatherman: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.

(R64, S. 454 (Word version)) -- Senator Land: AN ACT TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.

(R65, S. 539 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT AND DELETE A FURTHER RESIDENCY REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60, RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.

(R66, S. 543 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.

(R67, S. 577 (Word version)) -- Senators McConnell, Leventis, Ryberg and Ford: AN ACT TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.

(R68, S. 598 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO AMEND THE CAPTION OF CHAPTER 9, TITLE 18, FROM "APPEALS TO SUPREME COURT" TO "APPEALS TO SUPREME COURT AND COURT OF APPEALS"; TO REPEAL SECTIONS 14-8-540 RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150 RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90 RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

(R69, S. 620 (Word version)) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL, PROVIDE, FURNISH, OR RELEASE TO A PRIVATE PARTY CERTAIN INFORMATION IT COMPILES FOR THE PURPOSE OF ISSUING TO A PERSON A DRIVER'S LICENSE OR A SPECIAL IDENTIFICATION CARD, TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN A PERSON'S DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD RECORD IS NOT A PUBLIC RECORD, AND TO PROVIDE THAT A PRIVATE PERSON OR A PRIVATE ENTITY SHALL NOT USE CERTAIN ELECTRONICALLY STORED INFORMATION OBTAINED FROM A DRIVER'S LICENSE RECORD.

(R70, S. 628 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R71, S. 660 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE, OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.

(R72, S. 679 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R73, S. 728 (Word version)) -- Medical Affairs Committee: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, SO AS TO ENACT THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT" WHICH REQUIRES PERSONS OR ENTITIES THAT ACQUIRE AN AUTOMATED EXTERNAL DEFIBRILLATOR TO COMPLY WITH CERTAIN TRAINING, TESTING, AND USE PROCEDURES AND TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WHEN IN COMPLIANCE.

(R74, S. 749 (Word version)) -- Senator Passailaigue: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION ALLIED FORCE, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.

(R75, S. 758 (Word version)) -- Senators Patterson, Courson, Giese and Jackson: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

(R76, S. 814 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.

(R77, H. 3106 (Word version)) -- Rep. Harris: AN ACT TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.

(R78, H. 3118 (Word version)) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: AN ACT TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.

(R79, H. 3158 (Word version)) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Leach, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Ott, Cobb-Hunter, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahan, Mack, Maddox, Riser, Simrill and Sandifer: AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE; AND TO AMEND CHAPTER 27, TITLE 24, RELATING TO INMATE LITIGATION, BY ADDING SECTION 24-27-500 SO AS TO PROVIDE FOR THE APPLICATION OF THE RELIGIOUS FREEDOM ACT TO THE REGULATIONS OF STATE OR LOCAL CORRECTIONAL FACILITIES.

(R80, H. 3337 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.

(R81, H. 3445 (Word version)) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: AN ACT TO AMEND SECTION 59-107-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS, SO AS TO REPEAL THE LIMIT AND PROVIDE THAT THE MAXIMUM AMOUNT OF ANNUAL DEBT SERVICE ON ALL OUTSTANDING STATE INSTITUTION BONDS FOR EACH STATE INSTITUTION SHALL NOT EXCEED NINETY PERCENT OF THE SUMS RECEIVED BY SUCH STATE INSTITUTION.

(R82, H. 3579 (Word version)) -- Education and Public Works Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SCALE NO LATER THAN SCHOOL YEAR 2000-2001.

(R83, H. 3581 (Word version)) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: AN ACT TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 36-8-113 SO AS TO PROVIDE FOR THE ENFORCEABILITY OF AN UNWRITTEN CONTRACT FOR THE SALE OF SECURITIES; TO AMEND SECTION 36-1-206, RELATING TO THE STATUTE OF FRAUDS FOR ENFORCEMENT OF CONTRACTS FOR THE SALE OF CERTAIN PERSONAL PROPERTY, SO AS TO CONFORM THE CROSS REFERENCE TO THE PROVISION FOR ENFORCEMENT OF AN UNWRITTEN CONTRACT FOR THE SALE OF SECURITIES; AND TO REPEAL SECTION 36-8-319 RELATING TO THE STATUTE OF FRAUDS FOR A CONTRACT FOR THE SALE OF SECURITIES.

(R84, H. 3643 (Word version)) -- Reps. Sandifer and Barrett: AN ACT TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R85, H. 3715 (Word version)) -- Rep. Bailey: AN ACT TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.

(R86, H. 3716 (Word version)) -- Rep. Bailey: AN ACT TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.

(R87, H. 3749 (Word version)) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R88, H. 3783 (Word version)) -- Rep. Ott: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.

(R89, H. 3789 (Word version)) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.

(R90, H. 3829 (Word version)) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: AN ACT TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.

(R91, H. 3865 (Word version)) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: AN ACT TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.

(R92, H. 3888 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.

(R93, H. 3891 (Word version)) -- Reps. McKay and McGee: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.

(R94, H. 3907 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R95, H. 3909 (Word version)) -- Reps. Lucas and Neilson: AN ACT TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.

(R96, H. 3939 (Word version)) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R97, H. 3951 (Word version)) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: AN ACT TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.

(R98, H. 3956 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R99, H. 3960 (Word version)) -- Reps. Barfield, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, TO PROVIDE THAT IT IS UNLAWFUL TO HAVE MORE THAN THIRTY BREAM IN POSSESSION WHEN FISHING ON THESE RIVERS, TO PROVIDE THAT BREAM MAY NOT BE USED AS BAIT AFTER JUNE 30, 2001, AND TO PROVIDE PENALTIES.

(R100, H. 3970 (Word version)) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: AN ACT TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

(R101, H. 4082 (Word version)) -- Reps. Stille, Carnell and Townsend: AN ACT TO ABOLISH THE ABBEVILLE COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT 60, AND TO CHANGE THE NAME OF ABBEVILLE COUNTY SCHOOL DISTRICT 60 TO THE ABBEVILLE COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2000.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

ACTING SPEAKER KIRSH IN CHAIR
SPEAKER IN CHAIR
H. 3131 -- AMENDED AND RECOMMITTED

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

Reps. ROBINSON, CAMPSEN, TRIPP, EASTERDAY and SIMRILL proposed the following Amendment No. 3 (Doc Name BBM\AMEND\9285SOM99), which was ruled out of order.
Amend the bill, as and if amended, in Section 59-105-20 of the 1976 Code, as contained in SECTION 1, on line 4, page 2, by striking /or private/
Amend title to conform.

Rep. TRIPP explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised a Point of Order that Amendment No. 3 was out of order in that it was identical to a previously tabled amendment.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. ROBINSON, CAMPSEN, TRIPP, EASTERDAY and SIMRILL proposed the following Amendment No. 4 (Doc Name BBM\AMEND\9286SOM99), which was tabled.
Amend the bill, as and if amended, by striking Section 59-105-40 beginning on line 24, page 2, and inserting:
/ Section 59-105-40. (A) Not later than one hundred twenty days after the effective date of this act, each institution of higher learning is encouraged to establish and implement a written campus sexual assault policy regarding at least:

(1) the institution's campus sexual assault programs, aimed at prevention and awareness of sexual assaults; and

(2) the procedures followed by the institution once a sexual assault occurs and is reported.

(B) This action does not expand or reduce a private right of action of a person to enforce the provisions of this act.

(C) Each institution of higher learning should distribute to students, faculty, and staff the written campus sexual assault policy required by this chapter by printing the policy in one or more of the institution's publications made widely available to students, such as the institution's catalog, student handbook, or staff handbook. Each institution of higher learning should include on admissions and employment applications a notification that a copy of the institution's campus sexual assault policy is available upon request. In addition, the institution's law enforcement personnel, security personnel, and counseling center should make the written policy available to a student who reports being a victim of a sexual assault involving another student or occurring on campus. /
Amend the bill further, as and if amended, in Section 59-105-50, by striking /must/ on line 37, page 3, and inserting /should/.
Amend title to conform.

Rep. TRIPP explained the amendment.

Rep. TRIPP moved to adjourn debate on the Bill.

Rep. COBB-HUNTER moved to table the motion.

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

Yeas 57; Nays 47

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Battle                 Bowers                 Breeland
Brown J.               Clyburn                Cobb-Hunter
Cotty                  Emory                  Gamble
Gourdine               Govan                  Hawkins
Hayes                  Hines J.               Hines M.
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Knotts
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Simrill                Smith F.               Smith J.
Stille                 Stuart                 Webb
Whatley                Wilder                 Wilkes

Total--57

Those who voted in the negative are:

Allison                Altman                 Bales
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Gilham                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hinson                 Kirsh                  Klauber
Koon                   Law                    Leach
Littlejohn             Loftis                 Mason
McGee                  Quinn                  Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith D.
Smith R.               Taylor                 Tripp
Vaughn                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--47

So, the motion to adjourn debate was tabled.

Rep. ROBINSON spoke in favor of the amendment.
Rep. TRIPP spoke in favor of the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 55; Nays 39

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Clyburn
Cobb-Hunter            Cotty                  Dantzler
Emory                  Gamble                 Gourdine
Govan                  Hawkins                Hayes
Hines J.               Hines M.               Howard
Inabinett              Keegan                 Kelley
Kennedy                Knotts                 Koon
Lee                    Lloyd                  Lourie
Mack                   Maddox                 Martin
McCraw                 McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neal J.M.              Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Seithel                Sheheen                Smith F.
Stuart                 Whatley                Whipper
Wilder

Total--55

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Campsen
Cato                   Chellis                Davenport
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harris                 Haskins                Hinson
Kirsh                  Leach                  Littlejohn
Loftis                 Lucas                  Mason
Meacham                Rice                   Riser
Robinson               Rodgers                Sandifer
Simrill                Smith D.               Smith R.
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum

Total--39

So, the amendment was tabled.

POINT OF ORDER

Rep. OTT raised a Point of Order that the proposed amendments were out of order under Rule 8.3 in that they were dilatory in nature and should not be entertained by the Speaker.
SPEAKER WILKINS overruled the Point of Order.

Rep. HASKINS proposed the following Amendment No. 5, which was adopted.
Amend the bill, as and if amended, by adding at page 3, line 41, the following language:

Section 59-105-60. The Commission on Higher Education shall develop, print and distribute a model sexual assault policy for institutions of higher learning, which complies with the requirements herein. Said model policy shall be distributed to all institutions of higher learning in the State for their use as a reference in formulating their sexual assault policy. There is hereby appropriated from the 1999-2000 budget for the Commission on Higher Education necessary funds to cover the costs of development, printing and distribution of the model sexual assault policy.
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. HASKINS and TRIPP proposed the following Amendment No. 6:
Amend the bill, as and if amended, at page 3, line 35, the following language:

(E) Each institution of higher learning must include in its sexual assault policy a prohibition against co-educational dormitories and other co-educational living arrangements on campus.
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS explained the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 44; Nays 56

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Clyburn
Cobb-Hunter            Dantzler               Emory
Gourdine               Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Jennings               Kelley                 Kennedy
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Scott                  Smith F.               Webb
Whipper                Wilkes

Total--44

Those who voted in the negative are:

Allison                Altman                 Barrett
Beck                   Brown H.               Campsen
Cato                   Chellis                Cooper
Davenport              Easterday              Edge
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harris
Haskins                Hawkins                Hinson
Kirsh                  Klauber                Knotts
Koon                   Leach                  Loftis
Lucas                  Martin                 Mason
McGee                  Meacham                Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Tripp
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

So, the House refused to table the amendment.

POINT OF ORDER

Rep. WHIPPER raised a Point of Order that Amendment No. 6 was out of order in that it was not germane in that the Bill dealt with the school's policy on sexual assault and the amendment dealt with the school's housing policy.
Rep. COBB-HUNTER stated that the amendment was not germane to the Bill in that the Bill was intended to provide information to students concerning sexual assault and the amendment attempted to mandate campus living arrangements.
Rep. HASKINS stated that the Bill outlined what must be included in a sexual assault policy and the amendment merely added an additional item, the prohibition against co-educational dormitories, to that policy.
SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. QUINN raised a Point of Order that Amendment No. 5 was out of order under Rule 4.4 and Rule 5.1 in that the Bill, as amended, directly appropriated money and should therefore be referred to the Ways and Means Committee before it shall be considered by the House.
SPEAKER WILKINS stated that he would take the Point of Order under consideration and would render a ruling at a later time.

Rep. KNOTTS spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. TRIPP spoke in favor of the amendment.

SPEAKER IN CHAIR
SPEAKER'S RULING ON AMENDMENT NO. 5

SPEAKER WILKINS stated that the definition of the appropriation of money from the State ex rel. Walker v. Durham Supreme Court Case is "to set apart, to designate some specific sum of money for a particular purpose." He stated that in prior precedents, Bills had been sent back to the Ways and Means Committee when a specific amount had been appropriated. He stated that Amendment No. 5 impacted the fiscal impact of the Bill, but did not appropriate a specific sum of money. He stated that it did not violate Rules 4.4 and 5.1 and therefore the Bill was not required to be referred to the Ways and Means Committee and he overruled the Point of Order.

Rep. TOWNSEND moved to recommit the Bill.

Rep. COBB-HUNTER moved to table the motion.

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

Yeas 46; Nays 57

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Canty
Clyburn                Cobb-Hunter            Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Kelley                 Kennedy                Knotts
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal J.M.
Neilson                Ott                    Phillips
Pinckney               Rutherford             Scott
Smith F.               Smith J.               Whatley
Whipper

Total--46

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Hinson                 Keegan                 Kirsh
Klauber                Koon                   Law
Leach                  Littlejohn             Loftis
Lucas                  Martin                 Mason
McGee                  Meacham                Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--57

So, the House refused to table the motion.

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

RECORD FOR VOTING

I was in the nurse's station when the vote to send this bill back to committee arose. I would have voted to send this bill to committee for further study.

Rep. Mike Easterday

H. 3552 -- DEBATE ADJOURNED

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

H. 3552 (Word version) -- Reps. Harrison, D. Smith, J. Brown, Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, Limehouse, Lourie, Maddox, Seithel, F. Smith, J. Smith, Stuart, Whipper and Wilkes: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE AND TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FROM MANDATORY USE OF SEAT BELTS, SO AS TO DELETE AN EXCEPTION FOR CHILD RESTRAINT SYSTEMS IN ORDER TO CONFORM TO THESE PROVISIONS; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT PROVISIONS OF MANDATORY SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS, TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

H. 3216 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3216 (Word version) -- Reps. Campsen and Rodgers: A BILL TO AMEND SECTION 24-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT SO AS TO PROVIDE A DISTRIBUTION PLAN FOR THE WAGES THAT INCLUDES PAYMENTS FOR VICTIM RESTITUTION, CHILD SUPPORT, PRISONER ROOM AND BOARD, PRISONER INCIDENTALS, AND PRISONER ESCROW ACCOUNT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9279SOM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 24-3-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-3-40. (A) Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404". The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner.

The Director of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:

(1) If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.

(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984', Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be applied to the South Carolina Victims Compensation Fund.

(3) Twenty percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations. If there are no child support obligations, then one-half of the twenty percent referred to in this subsection must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This is in addition to the fifteen percent used for the same purpose in subsection (4). Furthermore, if there are no child support obligations, then the other half of the twenty percent referred to in this subsection must be made available to the inmate during his incarceration for the purchase of incidentals. This is in addition to the ten percent used for the same purpose in subsection (5).

(4) Fifteen percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board.

(5) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(6) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(7) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals.

(B) The Department of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1) A prisoner released without community supervision must be given his escrowed wages upon his release.

(2) A prisoner serving life in prison shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be dispersed to the Department of Probation, Parole, and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period."
SECTION 2. This act takes effect upon approval by the Governor and applies to wages earned beginning with the first day of the second month after the signature of the Governor. /
Amend title to conform.

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

Reps. CAMPSEN and SCOTT proposed the following Amendment No. 2 (Doc Name PSD\AMEND\7451AC99), which was adopted.
Amend the bill, as and if amended, Section 24-3-40(A) by deleting items (3) and (4) and inserting:

/ (3) Thirty percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations. If there are no child support obligations, then two-thirds of the thirty percent referred to in this item must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This is in addition to the five percent used for the same purpose in item (4). Furthermore, if there are no child support obligations, then the other one-third of the thirty percent referred to in this item must be made available to the inmate during his incarceration for the purchase of incidentals. This is in addition to the ten percent used for the same purpose in item (5).

(4) Five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CLYBURN proposed the following Amendment No. 3 (Doc Name GGS\AMEND\22353CM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 24-3-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

The Director of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:

(3) Forty-percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations. If there are no child support obligations, then one-half of the forty-percent referred to in this subsection must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This is in addition to the fifteen percent used for the same purpose in subsection (4). Furthermore, if there are no child support obligations, then the other half of the forty percent referred to in this subsection must be made available to the inmate during his incarceration for the purchase of incidentals. This is in addition to the fifteen-percent used for the same purpose in subsection (5).

(4) Fifteen percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board.

(5) Fifteen percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(6) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(B) The Department of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1) A prisoner released without community supervision must be given his escrowed wages upon his release.

(2) A prisoner serving life in prison shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be dispersed to the Department of Probation, Parole, and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CLYBURN explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. CLYBURN continued speaking.
Rep. CAMPSEN spoke against the amendment.
Rep. CLYBURN spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. CAMPSEN spoke against the amendment.

Rep. CAMPSEN moved to table the amendment.

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

Yeas 42; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Easterday
Edge                   Gamble                 Gilham
Harrell                Harris                 Hinson
Jennings               Keegan                 Kelley
Law                    Leach                  Maddox
Martin                 Mason                  McLeod M.
Phillips               Quinn                  Riser
Robinson               Rodgers                Sandifer
Smith D.               Taylor                 Walker
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--42

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Canty
Clyburn                Davenport              Emory
Fleming                Gourdine               Harvin
Hawkins                Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Kirsh                  Koon                   Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neal J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rice
Rutherford             Scott                  Sheheen
Simrill                Smith J.               Smith R.
Stille                 Stuart                 Vaughn
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to table the amendment.

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

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 93; Nays 7

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Beck                   Brown H.               Brown J.
Campsen                Canty                  Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Govan                  Harrell
Harris                 Harvin                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal J.M.              Neilson                Ott
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith J.
Smith R.               Stuart                 Taylor
Townsend               Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--93

Those who voted in the negative are:

Breeland               Lee                    Lloyd
Mack                   Neal                   Parks
Rutherford

Total--7

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

H. 3745 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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, 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 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9243SOM99), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 10, by striking item (6) on lines 11 and 12 and inserting:

/ (6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases; /
Amend title to conform.

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

Rep. CAMPSEN proposed the following Amendment No. 2 (Doc Name BBM\AMEND\9274SOM99), which was adopted.
Amend the bill, as and if amended, by adding before Section 1:
/ Whereas, the General Assembly finds that the family is the fundamental building block of society; and
Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and
Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families; and
Whereas, the General Assembly finds that such a pamphlet should contain substantially the following content and format:

South Carolina Family Respect

Preserving Our Most Valuable Resource

It is a sociological fact: South Carolina's communities are only as strong as its families. Families are the primary building blocks of our neighborhoods, towns, and cities. Virtually all of our most serious social problems such as crime, declining physical and mental health, lack of educational success, dramatic increases in domestic violence and poverty are most directly driven by one thing: breakdown of the family. This is true for people of all races and income levels. If we are going to have healthy communities, where children are growing strong and happy, doing well in school, staying away from crime, and successfully entering adulthood, we must have strong families. Healthy families are a rich benefit to adults also. While working to build families will not solve all our problems, this is one of the most meaningful ways to significantly reduce some of our most serious personal and social illnesses.
We must recognize that there are increasingly different types of families in our communities today. The freedom to create the kinds of families that we desire is an important American value and this liberty must be respected. However, we must also recognize that individual desire and consideration does not stand by itself. The make-up of our families impacts our children and the communities we are all a part of. It must also be realized that many homes in our communities may suffer from divorce and other problems and these homes should receive all the help and support our communities can offer. Therefore, while it is unrealistic and even wrong to make one type of family form the requirement for all people, there are some common values and behaviors that we can agree should be the goal of our individual family lives as much as is possible.
A substantial body of scholarly research is telling us that these values and behaviors are the surest ways to produce the kinds of benefits and lives we want for our children, our communities, and ourselves. Personal and community progress require that we have shared goals rather than requirements. While we cannot choose the kind of family we are born into, we can choose the kind of family we will create for ourselves and our children. The information in this pamphlet should be considered as you make this very personal decision. These values represent goals we should strive for as much as possible for our individual and common well-being.
Three primary values and the reasons for holding them are listed here.
1. The Value of Sexual Restraint and Marital Faithfulness: Scientists are now telling us what our grandmothers knew all along: There are good reasons to confine sexual intercourse to marriage!
* Those who limit their sexual experience to a mutually faithful marriage have virtually no risk of contracting a sexually transmitted disease. One in five people are infected with an incurable sexually transmitted disease. These diseases can infect other partners and children, limit fertility, or cause pain and even death.i
Comparing the faithfully married with all other categories of sexually active adults:
* Married people with only one lifetime partner are most likely to be "extremely" or "very" satisfied with the physical and emotional pleasure they experience in their sex lives.ii
* Married people are significantly more likely than others to say their sex life makes them feel "satisfied," "loved," "thrilled," "wanted," and "taken care of."iii
* Likewise, the faithfully married are also least likely to report sex making them feel "sad," "anxious or worried," "scared or afraid," or "guilty."iv
* Women are up to 4 times more likely to be forced to perform a sexual act by boyfriends or acquaintances than by husbands.v
* Premarital sex contributes to marital unfaithfulness: 3% of people who did not engage in premarital sex were unfaithful to their spouse during marriage, while 18% of people who engaged in premarital sex "fairly often" with someone other than their spouse were unfaithful in marriage.vi
* Those who are sexually active prior to marriage face a considerably higher risk of divorce than those who have not had sexual intercourse before marriage.vii
2. The Value of Marital Commitment: Commitment to marriage provides a wealth of rich benefits that are not enjoyed in cohabiting relationships and are seriously diminished by divorce. Therefore, it is in our best interest to honor and work at our marriages.
Faithful marriage is linked to:
* Living longer, healthier lives and decreased need to visit the hospital and doctor's office for physical and mental illness viii
* Significant protection of children from sexual abuse ix
* Improved sexual fulfillment x
* Lower feelings of loneliness xi
* Greater feelings of overall happiness xii
* Protection of women from domestic, sexual, and general violence xiii
* Improving parents' ability to parent xiv
* Increased individual work productivity, earnings and savings xv
While many people believe that living together before marriage can serve to strengthen relationships and improve the likelihood of successful marriages, just the opposite is true.
Living together before marriage is associated with:
* 50% greater likelihood of divorce than marriages not preceded by living together xvi
* Increased levels of sexual unfaithfulness and relational problems xvii
* Dramatically (2 to 5 times) increased levels of domestic violence and sexual abuse against adults and children xviii
* Significantly higher levels of personal depression and mental illness for adults xix
* Greater discipline problems and lowered academic performance in children xx
* Greater likelihood of children living in poverty compared to married homes xxi
* Men earning half the income that married men do xxii
* Men being less willing to help with household chores than married men xxiii
Divorce often fails to improve our lives.
* Research shows the overwhelming majority of divorces in America today are a result of people growing apart rather than seeking to escape violence, abuse or seriously troubled relationships.xxiv
* South Carolinians who are divorced are more likely (compared to those who are not divorced) to believe that divorce merely trades one set of problems for another.xxv Research shows why this is true.
Divorced (compared to married) adults are:
* Three times more likely to commit suicide xxvi
* Twice as likely to suffer from alcoholism xxvii
* Most likely to suffer from serious physical and mental illness, while the married are least likely xxviii
3. The Value of Loving, Intentional Parenting: While there are children prospering in all kinds of families, researchers are finding that there are some qualities of family that are more likely to produce happy, healthy, well-adjusted children than others.
Children raised in homes with their married parents are:
* Twice as likely to stay in school and graduate, 20% more likely to attend college and up to 95% less likely to cause discipline problems at school xxix
* Half as likely to end up in jail. (Each year spent without a father in the home increase chances of future jail-time by 5%.)xxx
* Half as likely to bear children out of wedlock, regardless of race xxxi
* Unlikely to experience poverty, while children in single-parent families are very likely to experience poverty xxxii
* Significantly less likely to need treatment for physical, mental, or emotional problems xxxiii
Children of divorce (compared to children with married parents) are:
* Half as likely to have positive relationships with both parentsxxxiv
* Do poorer in all measures of educational performance for their entire school experience xxxv
* More likely to be involved in criminal behavior, early sexual activity, and out-of-wedlock childbearing xxxvi
* More likely to have serious difficulty entering successfully into adulthood xxxvii
Conclusion:
It is in the best interest of the children, adults, and communities in South Carolina to set for ourselves some basic personal goals for family life. As much as we are able, we should all encourage and work toward life-long faithful marriage as the ideal for sexual relationships, adult living arrangements, and the raising of children. Men and women should both equally strive for these goals. These are some of the most significant ways to insure a long, happy, healthy life for adults and children, as well as productive, safe communities.
Stronger and healthier families are the key to a stronger and healthier South Carolina!
Documentation: i "Sexually Transmitted Diseases in the U.S.: Risks, Consequences and Costs," Issues in Brief, Alan Guttmacher Institute, April 1994, pp. 1-4.
ii Edward O. Laumann, et. al., The Social Organization of Sexuality: Sexual Practices in the United States (Chicago: University of Chicago Press, 1994), p. 364, table 10.5.
iii Laumann, et. al., 1994, p. 368, table 10.7.
iv Laumann, et. al., 1994, p. 368, table 10.7.
v Robert T. Michael, et. al., Sex in America: A Definitive Survey (Boston: Little, Brown and Company,1994), p. 225, figure 21.
vi Andrew Greeley, Faithful Attraction: Discovering Intimacy, Love, and Fidelity in American Marriage, (New York: Thomas Doherty Associates, 1991), p. 201.
vii Joan R. Kahn and Kathryn A. London, "Premarital Sex and the Risk of Divorce," Journal of Marriage and the Family, 53 (1991): 845-855.
viiiJames Goodwin, et al., "The Effect of Marital Status on Stage, Treatment, and Survival of Cancer Patients," Journal of the American Medical Association, 258 (1987): 3152-3130; Robert Coombs, "Marital Status and Personal Well-Being: A Literature Review," Family Relations 40 (1991) 97-102; ; Linda Waite, "Does Marriage Matter?" Demography 32 (1995): 483-507.
ix Daly and Wilson, 1985; Leslie Margolin, Child Abuse and Mother's Boyfriends: Why the Overrepresentation?" Child Abuse and Neglect 16 (1992): 541-551; Wilson and Daly, "Risk of Maltreatment of Children Living With Stepparents," in Gelles and Lancaster, eds., Child Abuse and Neglect: Biosocial Dimensions (Hawthorne, N.Y.; Aldine De Gruyter, 1987), pp. 215-232.
x Michael, et al., 1994.
xi Randy Page and Galen Cole, "Demographic Predictors of Self-Reported Loneliness in Adults," Psychological Reports 68 (1991): 939-945.
xii Coombs, 1991, p. 100.
xiii Jan Stets, "Cohabiting and Marital Aggression: The Role of Social Isolation," Journal of Marriage and the Family 53 (1991): 669-680; Criminal Victimization in the United States, 1992," U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, (March 1994), p. 31, NCJ-145125.
xiv Ronald Angel and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families (Madison: The University of Wisconsin Press, 1993), pp. 139, 148.
xv S. Korenman and D. Neumark, "Does Marriage Really Make Men More Productive?" The Journal of Human Resources, 25 (1990) 282-307; Waite, 1995, p. 483-507.
xvi Larry Bumpass, James Sweet, and Andrew Cherlin, "The Role of Cohabitation in Declining Rates of Marriage," Journal of Marriage and the Family," 53 (1991): 913-927;William Axxinn and Arland Thornton, "The Relationship Between Cohabitation and Divorce: Selectivity or Casual Influence?" Demography 29 (1992): 357-374; Zheng Wu, "Premarital Cohabitation and Postmarital Cohabiting Union Formation," Journal of Family Issues 16 (1995): 212-232; Neil Bennett, et al., "Commitment and the Modern Union: Assessing the Link Between Premarital Cohabitation and Subsequent Marital Stability," American Sociological Review 53 (1988): 127-138
xvii Michael Newcomb and P. M. Bentler, "Assessment of Personality and Demographic Aspects of Cohabitation and Marital Success," Journal of Personality Assessment 44 (1980) 11-24
xviii Kersti Yllo and Murray Straus, "Interpersonal Violence Among Married and Cohabiting Couples," Family Relations 30 (1981) 339-347; Martin Daly and Margo Wilson, "Child Abuse and Other Risk Factors of Not Living with Both Parents," Ethology and Sociobiology 6 (1985): 197-210; U.S. Bureau of Justice Statistics, Highlights from 20 Years of Surveying Crime Victims: The National Crime Victimization Survey, 1973-92 (Washington D.C.; U.S. Department of Justice, 1993), p. 18.
xix Lee Robins and Darrel Regier, Psychiatric Disorders in America: The Epidemiologic Catchment Area Study (New York: The Free Press, 1991), p. 64.
xx E. Thompson, T.L. Hanson and S. McLanahan, "Family Structure and Child Well-being: Economic Resources versus Parental Behaviors," Social Forces 73 (1991) 221-242.
xxi Wendy Manning and Daniel Lichter, "Parental Cohabitation and Children's Economic Well-being" Journal of Marriage and the Family, 58 (1996) 998-1010.
xxii Manning and Lichter, 1996, p. 998-1010.
xxiii Margaret Segrest and M. O'Neal Weeks, "Comparison of the Role Expectations of Married and Cohabiting Subjects," International Journal of Sociology of the Family, 6 (1976) 275-281.
xxiv Paul Amato and Alan Booth, A Generation at Risk: Growing Up in an Era of Family Upheaval, Cambridge, MA: Harvard University Press, 1997), p. 220.
xxv Glenn T. Stanton, 1998 South Carolina Marital Health Index (Palmetto Family Council, 1998), pp. 38-42.
xxvi Jack Smith, et al., "Marital Status and the Risk of Suicide," American Journal of Public Health, 1988, 78:78-80.
xxvii Robins and Regier, 1991, p. 103.
xxviii I. M. Joung, et al., "Differences in Self-Reported Morbidity by Marital Status and by Living Arrangement," International Journal of Epidemiology, 1994, 23:91-97; David Williams, et al., Marital Status and Psychiatric Disorders Among Black and Whites," Journal of Health and Social Behavior, 1992, 33:140-157; Robins and Regier, 1991, p. 44.
xxix Sara McLanahan Gary Sandefur, Growing Up with a Single Parent: What Hurts, What Helps, (Cambridge: Harvard University Press, 1994), pp. 19, 47; Deborah Dawson, "Family Structure and Children's Health and Well-Being: Data from the 1988 National Health Interview Survey on Child Health," Journal of Marriage and the Family 53 (1991): 573-584.
xxx Cynthia Harper and Sara McLanahan, "Father Absence and Youth Incarceration" A paper presented to the 1998 annual meetings of the American Sociological Association, San Francisco, CA, August 1998.
xxxi Irwin Garfinkel and Sara McLanahan, Single Mothers and Their Children: A New American Dilemma (Washington D.C.: The Urban Institute Press, 1986), pp. 30-31.
xxxii David Ellwood, Poor Support: Poverty in the American Family (New York: Basic Books, 1988), p. 46; Elaine Kamarck and William Galston, "Putting Children First: A Progressive Family Policy for the 1990s," whitepaper from the Progressive Policy Institute (September 27, 1990), p. 12.
xxxiii Deborah A. Dawson, "Family Structure and Children's Health and Well-being: Data from the National Health Interview Survey on Child Health," Journal of Marriage and the Family, 53 (1991): 573-584; Ronald and Jacqueline Angel, Painful Inheritance: Health and the New Generation of Fatherless Families, (Madison: The University of Wisconsin Press, 1993), pp. 91-93, 101.
xxxiv James Peterson and Nicholas Zill, "Marital Disruption, Parent-Child Relationships and Behavior Problems in Children," Journal of Marriage and the Family, 1986, 48:295-307.
xxxv Paul Amato, "Children's Adjustment to Divorce: Theories, Hypotheses and Empirical Support," Journal of Marriage and the Family, 55, 1993, pp. 23-38; Nicholas Zill, et al., "Long-Term Effects of Parental Divorce on Parent Child Relationships, Adjustment and Achievement in Young Adulthood," Journal of Family Psychology, 1993, 7:91-103; Judith Wallerstein, "The Long-Term Effects of Divorce on Children: A Review," Journal of the American Academy of Child and Adolescent Psychiatry, 1991, 30:349-360.
xxxvi Edward Wells and Joseph Rankin, "Families and Delinquency: A Meta-Analysis of the Impact of Broken Homes," Social Problems, 1991, 38:71-89; Mavis Hetherington, "Effects of Father Absence on Personality Development in Adolescent Daughters," Developmental Psychology, 1972, 7:313-326; Ronald Fleck, et al., "Father Psychological Absence and Heterosexual Behavior, Personal Adjustment and Sex-typing in Adolescent Girls," Adolescence, 1980, 15:847-860; McLanahan and Sandefur, 1994, p. 53.
xxxvii Paul Amato and Bruce Keith, "Parental Divorce and Adult Well-being: A Meta-Analysis," Journal of Marriage and the Family 53 (1991) 43-48.'
Now, Therefore, /
Amend the bill further by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 1, Title 20 of the 1976 Code, is amended by adding:

"Article 7
South Carolina Family Respect Act

Section 20-1-700. This act may be cited as the South Carolina Family Respect Act.

Section 20-1-710. The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.
Section 20-1-720. (A) The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect', with substantially the content and form of the information found in the findings accompanying this act. The office of the Governor shall distribute the pamphlet to the agencies, offices and entities listed in subsection (C). It is the duty of the government agencies, offices, and entities listed in subsection (C) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.
(B) The informational pamphlet must be distributed to:
(1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;
(2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;
(3) the Department of Social Services who shall give it to each person who applies for welfare benefits;
(4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;
(5) all public school districts in the state that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;
(6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;
(7) all local mental health centers to be distributed where appropriate in particular counseling situations;
(8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;
(9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and
(10) the pamphlet must be made available for voluntary distribution to:

(i) all clergy and counselors who provide marriage counseling;

(ii) all private high schools;

(iii) all private institutions of higher learning; and

(iv) the general public.'"/
Renumber sections to conform.
Amend totals and title to conform.

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

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 69; Nays 25

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Brown H.               Campsen                Cato
Chellis                Cotty                  Dantzler
Davenport              Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McLeod W.
Miller                 Neilson                Phillips
Rice                   Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--69

Those who voted in the negative are:

Bowers                 Breeland               Clyburn
Cobb-Hunter            Harvin                 Hayes
Hines J.               Hines M.               Howard
Inabinett              Jennings               Lee
Lloyd                  Mack                   McLeod M.
McMahand               Moody-Lawrence         Neal
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Wilkes

Total--25

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

Rep. TOWNSEND 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. 4152 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO EXTEND DEEPEST GRATITUDE AND BEST WISHES TO MRS. CAROLYN WESTBURY BAKER OF DORCHESTER COUNTY ON THE OCCASION OF HER RETIREMENT AS HEADMASTER OF DORCHESTER ACADEMY.

H. 4155 (Word version) -- Reps. Chellis, Bailey and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" BOYS' VARSITY SOCCER TEAM, COACHES, AND STAFF ON WINNING THE 1998-99 CLASS AAAA STATE CHAMPIONSHIP.

H. 4156 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND THANK GARY R. BAKER UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE AS EXECUTIVE DIRECTOR OF THE STATE ETHICS COMMISSION AND FOR HIS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

H. 4157 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA UPON THE DEATH OF SERGEANT JULIUS R. WILKES, JR., OF FLORENCE WHO TRAGICALLY LOST HIS LIFE IN THE ARMY BLACK HAWK HELICOPTER ACCIDENT AT FORT CAMPBELL, KENTUCKY, ON APRIL 22, 1999, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4159 (Word version) -- Rep. Mason: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" MEN'S TENNIS TEAM AND HEAD COACH, MIKE HICKS, ON CAPTURING THEIR SECOND CONSECUTIVE CLASS AAAA STATE TENNIS CHAMPIONSHIP.

ADJOURNMENT

At 4:45 P.M. the House in accordance with the motion of Rep. MCMAHAND adjourned in memory of Mrs. Gertrude Brock of Pelzer, to meet at 10:00 A.M. tomorrow.

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