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


Printed Page 4864 . . . . . Thursday, June 24, 1999

Thursday, June 24, 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:

Almighty God, as this session of the General Assembly moves into the shadows of history and the Journals record for generations to come in perpetuity, the record of our achievements, our failures, we come again to You, Lord, in our morning prayer. For our worthy accomplishments, we give You thanks; where we have done wrong, forgive us. Take now the fruits of our labors with Your blessings into the marketplaces, the cities, the towns, the countrysides to be a blessing to all Your people. Our prayer would be the prayer from Genesis: "The Lord watch between you and me, when we are absent one from the other." (Gen. 31:49) 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. MEACHAM moved that when the House adjourns, it adjourn in memory of Bessie Hare Beam of Chester, which was agreed to.

ROLL CALL

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

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler

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Delleney               Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Haskins                Hawkins                Hayes
Hines J.               Hinson                 Hosey
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Maddox
Martin                 McCraw                 McGee
McLeod W.              Meacham                Miller
Moody-Lawrence         Neal J.M.              Ott
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sheheen
Smith D.               Smith F.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

STATEMENT OF ATTENDANCE

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

John Altman                       Scott Beck
Ralph Canty                       Michael Easterday
Alex Harvin                       Steve Lanford
H.B. "Chip" Limehouse             James Lucas
E.B. "Mac" McLeod                 Denny Neilson
Todd Rutherford                   Charles Sharpe
Gary Simrill                      Ronald Townsend

Total Present--110

LEAVE OF ABSENCE

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


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LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence due to illness.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 23, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 311:
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


Printed Page 4867 . . . . . Thursday, June 24, 1999

REFERENCES TO THE ADVISORY COUNCIL EFFECTIVE DECEMBER 1, 2002.

and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President

Received as information.

RULE 3.9 INVOKED

Rep. SEITHEL moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 NOT RESCINDED

Rep. TROTTER moved to rescind Rule 3.9.

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

Yeas 24; Nays 58

Those who voted in the affirmative are:

Barrett                Campsen                Cooper
Delleney               Emory                  Fleming
Frye                   Harris                 Kennedy
Kirsh                  Klauber                Koon
Loftis                 McCraw                 Meacham
Moody-Lawrence         Phillips               Rice
Robinson               Sheheen                Trotter
Vaughn                 Webb                   Witherspoon

Total--24

Those who voted in the negative are:

Allen                  Bailey                 Bales
Barfield               Battle                 Breeland
Brown G.               Brown H.               Brown J.
Carnell                Cato                   Chellis
Clyburn                Cotty                  Dantzler
Edge                   Gamble                 Haskins
Hawkins                Hayes                  Hines J.
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kelley

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Knotts                 Lee                    Littlejohn
Lloyd                  Lourie                 Martin
McGee                  McLeod W.              Miller
Ott                    Parks                  Quinn
Rhoad                  Riser                  Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Smith F.               Smith R.
Stuart                 Taylor                 Tripp
Walker                 Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Young-Brickell

Total--58

So, the House refused to rescind Rule 3.9.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:

S. 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.


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H. 3751 -- TABLED

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

H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.

Rep. RODGERS moved to table the Bill, which was was agreed to.

H. 3620 -- FREE CONFERENCE POWERS GRANTED

Rep. TOWNSEND moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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, Scott, Lloyd 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 SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, 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 FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE


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OF SOCIAL SERVICES, AND THE BOARD AND 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; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 3

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Breeland
Brown G.               Brown H.               Brown J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Edge
Emory                  Frye                   Gamble
Gilham                 Govan                  Harrell
Harris                 Hawkins                Hayes
Hines J.               Hinson                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Meacham                Miller
Moody-Lawrence         Neal J.M.              Ott
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rodgers

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Rutherford             Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith D.               Smith F.               Smith R.
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Young-Brickell

Total--84

Those who voted in the negative are:

Fleming                Hamilton               Tripp

Total--3

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. TOWNSEND, STILLE and WALKER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3620 -- FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
H. 3620
The General Assembly, Columbia, S.C., June 3, 1999

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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


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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

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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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/20/99--S.)

Amend the bill, as and if amended, by striking all, including the title, and inserting therein the following:
/   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 SCHOOL 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 CHAPTER 7, TITLE 20 BY ADDING ARTICLE 33 TO ESTABLISH THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO ESTABLISH THE PURPOSES OF THE BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO AMEND SECTION


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12-6-5060 TO ADD THE FIRST STEPS TO SCHOOL READINESS FOR CONTRIBUTIONS THOUGH INDIVIDUAL INCOME TAX RETURNS, AND 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.

Whereas, recent research has shown that children's brains develop more rapidly and earlier than previously understood and that early stimulation of the brain increases the learning ability of a child;

Whereas, recent research in neuroscience supports the critical importance of the early childhood years and its life-long effects on a child's development; and

Whereas, the General Assembly realizes that without proper care, nurturing, and support during the early years of life, children have difficulty learning when they enter school; and

Whereas, parents have the primary role and duty to raise, educate, and transmit values to their children; while communities can support parents as the primary caregivers and educators of their young children; and

Whereas, the members of the General Assembly recognize that improving results for children and their families can best be accomplished when state government works in partnership with communities and families to define common goals, expected results, and benchmarks for services to children and families; joins with communities and families in building the capacity to accomplish shared results; and supports local efforts through more efficient state accountability, data collection, and administrative systems. Now, therefore,


Printed Page 4875 . . . . . Thursday, June 24, 1999

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   This act may be cited as the "South Carolina First Steps to School Readiness Act."

SECTION 2.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 152

South Carolina First Steps to School Readiness

Section 59-152-10.   There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through county partnerships, public and private funds and support for high-quality early childhood development and education services for children by providing support for their families' efforts toward enabling their children to reach school ready to learn.

Section 59-152-20.   The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the needs of young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. The South Carolina First Steps to School Readiness Board of Trustees, Office of First Steps to School Readiness, and the County First Steps Partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources are occurring before funding for the implementation/management grants, as provided for in this chapter, is made available.

Section 59-152-30.   The goals for South Carolina First Steps to School Readiness are to:


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(1)   provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal development of their preschool children;

(2)   increase comprehensive services so children have reduced risk for major physical, developmental, and learning problems;

(3)   promote high quality preschool programs that provide a healthy environment that will promote normal growth and development;

(4)   provide services so all children receive the protection, nutrition, and health care needed to thrive in the early years of life so they arrive at school ready to learn; and

(5)   mobilize communities to focus efforts on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn.

Section 59-152-40.   The South Carolina First Steps to School Readiness Board of Trustees established in Section 20-7-9710 shall oversee the South Carolina First Steps to School Readiness initiative.

Section 59-152-50.   Within the South Carolina First Steps to School Readiness Board of Trustees, an Office of South Carolina First Steps to School Readiness shall be established. The office shall:

(1)   provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;

(2)   review the county partnerships' plans and budgets in order to provide technical assistance and recommendations regarding local grant proposals and improvement in meeting statewide and local goals;

(3)   provide technical assistance, consultation, and support to county partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;

(4)   recommend to the board the applicants meeting the criteria for First Steps partnerships and the grants to be awarded;

(5)   submit an annual report to the board by December first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of the First Steps to School Readiness initiative, the ongoing progress and results of the First Steps to School Readiness initiative statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement the South Carolina First Steps to School Readiness initiative statewide;


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(6)   provide for on-going data collection and contract for an in-depth performance audit due January 1, 2003, and every three years thereafter, to ensure that statewide goals and requirements of the First Steps to School Readiness initiative are being met; and

(7)   coordinate the First Steps to School Readiness initiative with all other state, federal, and local public and private efforts to promote good health and school readiness of young children and support for their families.

Section 59-152-60.   (A)   The Office of First Steps to School Readiness, in collaboration with each county legislative delegation, shall initiate county forums for the purpose of bringing together stakeholders who are actively involved or interested in early childhood development and education so as to initiate a County First Steps Partnership. The times and locations of these forums and county-wide meetings must be publicized in the local print and broadcast media.
(B)(1)   At a county-wide meeting the participants shall begin to select, to the extent possible within the area covered by the partnership, not more than two members from each of these categories to sit on the First Steps partnership board:

(a)   pre-kindergarten through primary educator;

(b)   family education, training, and support provider;

(c)   childcare and early childhood development/ education provider;

(d)   healthcare provider;

(e)   transportation provider;

(f)   non-profit organization that provides services to families and children;

(g)   faith community; and

(h)   business community.

(2)   Three parents of pre-school children. After the first year of the implementation of the First Steps to School Readiness initiative, parents serving on the County First Steps Partnership board must have pre-school children being served by First Steps programs; and

(3)   Four members from early childhood education.
(C)   After the county partnership board has been formed, if necessary to assure that all areas of the county are adequately represented and reflect the diversity of the county, each county legislative delegation may appoint up to four additional members. Of these members, two are appointed by the Senate members and two by the House of Representative members of the delegation from persons with resources,


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skills, or knowledge that have specific interests in improving the readiness of young children for school.
(D)   Each of the following shall designate one member to serve as a member of its County First Steps partnership board:

(a)   county department of social services;

(b)   county department of health and environmental control;

(c)   Head Start;

(d)   county library; and

(e)   each of the school districts in the county.
(E)   Members who miss more than three consecutive meetings without excuse or members who resign must be replaced from the same categories as their predecessor. The terms of the members of a County First Steps Partnership board are for two years, however, membership on the board may not exceed six consecutive years.
(F)   The chairman of a County First Steps Partnership board must be elected by majority vote of the board. The chairman shall serve a one-year term; however, the chairman may be elected to subsequent terms not to exceed a total of four consecutive years.
(G)   County First Steps Partnerships must have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act. Prior to every vote taken by the board, members must abstain from voting if the issue being considered would result in a conflict of interest. The abstention must be noted in the minutes of the meeting.

Section 59-152-70.   (A)   A First Steps partnership board shall, among other powers and duties:

(1)   adopt by-laws as established by the First Steps to School Readiness Board to effectuate the provisions of this chapter which must include the creation of a periodic meeting schedule;

(2)   coordinate a collaborative effort at the county or multi-county level which will bring the community together to identify the area needs related to the goals of First Steps to School Readiness; develop a strategic long-term plan for meeting those needs; develop specific initiatives to implement the elements of the plan; and integrating service delivery were possible;

(3)   coordinate and oversee the implementation of the comprehensive strategic plan including, but not limited to, direct service provision, contracting for service provision, and organization and management of volunteer programs;

(4)   create and annually revise a county needs assessment;


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(5)   implement fiscal policies and procedures as required by the First Steps office and as needed to ensure fiscal accountability of all funds appropriated to the partnership;

(6)   keep accurate records of partnership's meetings, programs and activities;

(7)   collect information and submit an annual report by October 1 to the First Steps to School Readiness Board of Trustees, and otherwise participate in the annual review and the three-year evaluation of operations and programs. The first annual report must be submitted October 1, 2000. Reports must include but not be limited to:

(a)   determination of the current level and effectiveness of services for young children and their families;

(b)   strategic goals for increased availability, accessibility, quality, and efficiency of activities and services for young children and their families which will enable children to reach school ready to learn;

(c)     monitoring of progress toward strategic goals;

(d)   report on implementation activities;

(e)   recommendations for changes to the strategic plan which may include new areas of implementation;

(f)   evaluation and report of program effectiveness and client satisfaction before, during, and after the implementation of the strategic plan, where available; and

(g)   estimation of cost savings attributable to increased efficiency and effectiveness of delivery of services to young children and their families, where available.

(B)   Each County First Steps Partnership may, in the performance of its duties, employ or acquire administrative, clerical, stenographic, and other personnel as may be necessary to effectuate the provisions of this section. However, overhead costs of the partnership's operations may not exceed eight percent of its implementation/management grant allocation unless prior approval is received from the First Steps to School Readiness Board of Trustees.

(C)   Each County First Steps Partnership may apply for, receive, and expend federal, state, and local funds, grants, and other funding.

(D)   Day care facilities receiving grants must first use a portion of their funds to achieve licensed status and then to achieve the equivalent status to that of enhanced ABC provider.

(E)   To be designated a County First Steps Partnership, the county or multi-county partnership must be a private nonprofit corporation organized under Section 501(c)(3) of the Internal Revenue Code. However, developing partnerships which have not yet received


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501(c)(3) status may qualify for grants if they have received a state charter for incorporation and meet other criteria as established by the board.

Section 59-152-80.   (A)   It is the intent of the General Assembly that the First Steps to School Readiness initiative be implemented as soon as county partnerships are ready to utilize the funds efficiently and effectively to improve services.

(B)   Two levels of First Steps grants may be awarded as follows:

(1)   Level One for the development of the collaborative effort, needs assessment, and strategic planning; and

(2)   Level Two for implementation/management of activities and programs.

The level of grant awarded to a county partnership must be based on the readiness of the county partnership to implement the First Steps initiative. The First Steps board shall establish the criteria for qualifying for each grant level. The allocations for the grants shall take into consideration the quality of the grant proposal.

(C)   Implementation/management grants must be funded annually by the First Steps to School Readiness Board and may be awarded for up to three years. Implementation grants are renewable based upon criteria established by the South Carolina First Steps to School Readiness Board of Trustees, including the results of performance audits

Section 59-152-90.   (A)   To obtain a grant, a County First Steps Partnership or developing partnership shall submit an application to the Office of First Steps in a format specified by the First Steps to School Readiness Board. The application shall include, as appropriate to the level of grant applied for, the level of funding requested, a description of needs of children and families; assets and resources available; and the proposed strategies to address needs as they relate to the goals of South Carolina First Steps to School Readiness.

(B)   To receive a Level One development of the collaborative effort, needs assessment, and strategic planning grant, the County First Steps Partnership must meet the criteria established by the First Steps to School Readiness Board including, but not limited to, total population covered by the partnership and quality of any pre-exiting needs assessment and/or strategic plans for that geographic area.

(C)   To receive a Level Two implementation/management grant for First Steps to School Readiness, a County First Steps Partnership must


Printed Page 4881 . . . . . Thursday, June 24, 1999

have completed a needs assessment and review by the First Steps to School Readiness Board and develop a comprehensive, long-range plan to provide high quality early childhood development and education services. The plan must identify the needs of children and their families in the local area; assets and resources available; explain how supports and services are to be organized and delivered; establish measurable objectives and interim goals for meeting the local and state goals for First Steps; and an evaluation plan.

(D)   In developing these plans, the First Steps partnership must be given sufficient flexibility, but they must be accountable to the First Steps to School Readiness Board for fiscal management, program management, and program results.

(E)   The allocations for the grants shall take into consideration the quality of the grant proposal; the population of children birth to age five contained in the area served by the partnership; the percentage of students in grades 1-3 who are eligible for the free and reduced price lunch program; average per capita income; and the area's ability to support the strategic plan initiative. The criteria also shall take into account the standing of the geographical area covered by a county partnership in relation to the statewide Kids Count indicators. Priority must be given to strategic plans that incorporate models with demonstrated success.

Section 59-152-100.     (A)   All activities and services provided by a First Steps partnership must be made available to young children and families on a voluntary basis and must focus on the following:
.   (1)   lifelong learning:

(a)   school readiness;

(b)   parenting skills;

(c) family literacy; and

(d) adult and continuing education.

(2)   health care:

(a)   nutrition;

(b)   affordable access to quality age-appropriate health care;

(c)   early and periodic screenings;

(d)   required immunizations;

(e)   initiatives to reduce injuries to infants and toddlers; and

(f)   technical assistance and consultation for parents and child care providers on health and safety issues.

(3)   quality child care:

(a) staff training and professional development incentives;


Printed Page 4882 . . . . . Thursday, June 24, 1999

(b)   quality cognitive learning programs;

(c)   voluntary accreditation standards;

(d)   accessibility to quality child care and development resources; and

(e) affordability.

(4)   transportation:

(a)   coordinated service;

(b)   accessibility;

(c)   increased utilization efficiency; and

(d)   affordability.

(B)   Any part of the initiative within the county strategic plan using local district resources within a school district must be conducted only with approval of the district's board of trustees.

Section 59-152-110.   Implementation/management grants provided to County First Steps Partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness; offer new or previously unavailable services in the area; or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families, and may not be used where other state or federal funding sources are available or could be made available.

Section 59-152-120.   Funds received for implementation of a county partnership's implementation/management grant may not be used for capital expenses for new construction. However, funds may be made available for renovating, refurbishing, or upgrading of existing facilities used to support First Steps to School Readiness activities and services for children, families, and providers from made available to the partnerships in Section 59-152-150(C) and Section 20-7-9740(A). The county partnership must demonstrate to the satisfaction of the First Steps to School Readiness Board that the capital expenditure is:

(1)   a priority need for the local initiative and other state or federal funds for such projects are insufficient; and

(2)   necessary to provide services to under-served children and families.


Printed Page 4883 . . . . . Thursday, June 24, 1999

Section 59-152-130.   (A)   The County First Steps Partnerships shall provide an annual match of fifteen percent. The South Carolina First Steps to School Readiness Board of Trustees may decrease this percentage requirement for a partnership based on their capacity to provide that match. Private individuals and groups must be encouraged to contribute to a partnership's efforts to meet its match. The match required of individual partnerships by the First Steps board should take into consideration such factors as:

(1)   local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and

(2)   in-kind donated resources.
Only in-kind donations, as defined by the standard fiscal accountability system provided for in Section 59-152-140, which meet the criteria established by the South Carolina First Steps to School Readiness Board of Trustees and that are quantifiable may be applied to the in-kind match requirement. Expenses, including those paid both by cash and through in-kind contributions, incurred by other nonstate entities participating in county partnerships may be included in determining matching funds.

(B)   The Office of the South Carolina First Steps to School Readiness shall establish guidelines and reporting formats for county partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the South Carolina First Steps to School Readiness Board of Trustees and County First Steps Partnerships.

Section 59-152-140.   To ensure effective use of funds, awards under contract for County First Steps Partnerships, with the approval of the Office of First Steps to School Readiness, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.

Section 59-152-150.   (A)   The Office of First Steps to School Readiness shall develop and require partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. Additionally, the accountability system shall require competitive bids for the purchase or procurement of goods


Printed Page 4884 . . . . . Thursday, June 24, 1999

and services of ten thousand dollars or more. A bid other than the lowest bid may be accepted by a majority vote of the county partnership board if other considerations outweigh the cost factor; however, written justification must be filed with the Office of First Steps. The Office of First Steps may contract with outside firms to develop and ensure implementation of this standard fiscal accountability system, and the Office of First Steps may inspect fiscal and program records of county partnerships and developing partnerships to ensure their compliance with the required system. The Office of First Steps may contract with a state entity with existing means for developing contracts and disbursing funds in order to make use of the existing infrastructure, if it is efficient and not administratively burdensome to partnerships.

(B)   Each County First Steps Partnership shall expend funds through the South Carolina First Steps to School Readiness Board of Trustees or its fiscal designees until the capacity of the County First Steps Partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the South Carolina First Steps to School Readiness Board of Trustees or its designee.

(C)   Private funds received by a County First Steps Partnership must be deposited in a separate fund.

(D)   Disbursements may be made only on the written authorization of the individual designated by the county partnership board and only for the purposes specified. A person violating this section is guilty of a misdemeanor and upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.

(E)   The offenses of misuse, misappropriation, and embezzlement of public funds, apply to this chapter.

Section 59-152-160.   (A)   The South Carolina First Steps to School Readiness Board of Trustees shall establish internal evaluation policies and procedures for County First Steps Partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Office of First Steps to School Readiness shall provide targeted assistance and/or the South Carolina First Steps to School Readiness Board of Trustees may terminate the grant. In addition, a program evaluation of the First Steps to School Readiness initiatives at the state and local levels must be conducted every three years by an independent, external evaluator


Printed Page 4885 . . . . . Thursday, June 24, 1999

under contract with the South Carolina First Steps to School Readiness Board of Trustees. However, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps board, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House. These committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. The first report shall be provided no later than January 1, 2003.
(B)   County First Steps Partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.
(C)   The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, school readiness measures; benefits from child development services; immunization status; low birth-weight rates; parent literacy; parenting skills; parental involvement; transportation; and developmental screening results. During the course of the evaluation, if an evaluator determines that any state agency has failed to comply with the coordination and collaboration provisions as required in this chapter, the final report must reflect that information. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All County First Steps Partnerships shall cooperate fully in collecting and providing data and information for the evaluation."

SECTION   3.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Article 33

Section 20-7-9700.   There is established the South Carolina First Steps to School Readiness Board of Trustees, an eleemosynary corporation, which shall oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative early childhood development and education, family support, health services, and prevention efforts to


Printed Page 4886 . . . . . Thursday, June 24, 1999

meet critical needs of South Carolina's children through the awarding of grants to partnerships at the county level as provided for in Section 59-152-90.

The board may accept gifts, bequests, and grants from any person or foundation. The fund and grants from the fund shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. The board of trustees shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.

Section 20-7-9710.     There is created the South Carolina First Steps to School Readiness Board of Trustees which must be chaired by the Governor and must include the State Superintendent of Education who shall serve as ex officio voting members of the board. The board is composed of the twenty appointed, voting members as follows:
(A)   The Governor shall appoint two members from each of the following sectors:

(a)   parents of young children;

(b)   business community;

(c)   early childhood educators;

(d)   medical or child care and development providers; and

(e)   the General Assembly, one member from the Senate and one member from the House of Representatives.
(B)   The President Pro Tempore of the Senate shall point one member from each of the following sectors:

(a)   parents of young children;

(b)   business community;

(c)   early childhood educators; and

(d)   medical or child care and development providers.
(C)   The Speaker of the House of Representatives shall point one member from each of the following sectors:

(a)   parents of young children;

(b)   business community;

(c)   early childhood educators; and

(d)   medical or child care and development.
(D)   The Chairman of the Senate Education Committee or his designee.
(E)   The Chairman of the House Education and Public Works Committee or his designee.


Printed Page 4887 . . . . . Thursday, June 24, 1999

(F)   The chief executive officer of each of the following shall serve as an ex officio nonvoting member:

(a) Department of Social Services or his designee;

(b)   Department of Health and Environmental Control or his designee;

(c)   Department of Health and Human Services or his designee;

(d)   Department of Mental Health or his designee;

(e)   Department of Disabilities and Special Needs or his designee;

(f)   Department of Alcohol and Other Drug Abuse Services or his designee;

(g)   Department of Transportation or his designee; and

(h)   Budget and Control Board, Division of Research and Statistics or his designee.
(G) The following organizations shall designate one member to serve as an ex officio non-voting member:

(a)   South Carolina State Library;

(b)   Transportation Association of South Carolina; and

(c)   State Advisory Committee on the Regulation of Child Day Care Facilities.
The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall designate half of their appointments to serve two year terms only. The appointments of the members from the General Assembly shall be coterminous with their terms of office.

Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions. A complete report of the activities of the First Steps to School Readiness Board of Trustees must be made annually to the General Assembly and the State Auditor.

Section 20-7-9720.   To carry out its assigned functions, the board is authorized, but not limited to:


Printed Page 4888 . . . . . Thursday, June 24, 1999

(1)   develop a comprehensive long range initiative for improving early childhood development and increasing school readiness;

(2)   promulgate regulations, establish guidelines, policies and procedures for implementation of the South Carolina First Steps to School Readiness initiative;

(3)   provide oversight on the implementation of the South Carolina First Steps to School Readiness initiative at the state and county levels;

(4)   facilitate and direct the establishment of developing County First Steps Partnerships and establish the criteria for designation of County First Steps partnerships;

(5)   establish criteria and procedures for awarding state First Steps grants to County First Steps Partnerships;

(6)   provide technical assistance, consultation services and support to County First Steps Partnerships including: the creation and annual revision of county needs assessments; the prioritization, implementation, and evaluation of each First Steps partnership's strategic plans based on needs assessments; and the identification of assets from other funding sources;

(7)   assess and develop recommendations: for ensuring coordination and collaboration among service providers at both the state and county level, for increasing the efficiency and effectiveness of state programs and funding and other programs and funding sources, as allowable, as necessary to carry out the First Steps to School Readiness initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;

(8)   establish results oriented measures and objectives and assess whether services provided by County First Steps Partnerships to children and families are meeting the goals and achieving the results established for the First Steps initiative pursuant to Chapter 152, Title 59;

(9)   receive gifts, bequests, and devises for deposit for awarding grants to First Step partnerships; and

(10)   report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations.

Section 20-7-9730.   The South Carolina First Steps to School Readiness Board of Trustees shall employ, by a majority vote, a director of the Office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and


Printed Page 4889 . . . . . Thursday, June 24, 1999

other duties and responsibilities as assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative.

Section 20-7-9740.   (A)   A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. Each donor may designate up to one-half of their contribution to specific counties or a county. Both the designated and undesignated funds may be used to meet the local match required in Section 59-152-130. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested and all interest derived from the investment of these funds shall remain in the fund. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund. Private individuals and groups must be encouraged to contribute to this endeavor.

(B)   In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina First Steps to School Readiness initiative. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund.

(C)   All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund."

SECTION   4.   Section 12-6-5060 (A) of the 1976 Code is amended to read:

"Section 12-6-5060.   (A)   Each taxpayer required to file a state individual income tax return may contribute to the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina as created by Section 20-7-5010, or the eldercare Trust Fund of South Carolina as created by Section 43-21-160, or the First Steps to School Readiness Fund as created by Section 20-7-9740 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."


Printed Page 4890 . . . . . Thursday, June 24, 1999

SECTION   5.   The 1976 Code is amended by adding:

"Section 43-1-240.     The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."

SECTION 6.   The 1976 Code is amended by adding:

"Section 44-1-280.   The Board and 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, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."

SECTION 7.   It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the First Steps initiative reflected in Section 59-152-20 and the long-term plans of the First Steps partnerships and to assure that relevant planning documents or processes are consistent with, and supportive of early childhood development and education, family support, and health.

SECTION 8.   This act takes effect upon approval by the Governor. The provisions of this act are repealed in July 1, 2007 unless reauthorized by the General Assembly.   /

Amend title to conform.

/s/James Bryan                    /s/Ronald Townsend
/s/John Matthews                  /s/Robert Walker
/s/Linda Short                    /s/Harry Stille
On Part of the Senate.            On Part of the House.

Printed Page 4891 . . . . . Thursday, June 24, 1999

Rep. TOWNSEND explained the Free Conference Report.
Rep. FLEMING spoke against the Free Conference Report.
Rep. WALKER spoke in favor of the Free Conference Report.

SPEAKER PRO TEMPORE IN CHAIR

The question then recurred to the adoption of the Free Conference Report.

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

Yeas 83; Nays 17

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Battle                 Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Canty                  Carnell
Chellis                Clyburn                Cotty
Dantzler               Delleney               Edge
Emory                  Gamble                 Gilham
Gourdine               Govan                  Harris
Hayes                  Hines J.               Hinson
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Law                    Lee
Limehouse              Lloyd                  Lourie
Maddox                 Martin                 McCraw
McGee                  McLeod M.              McLeod W.
Meacham                Miller                 Moody-Lawrence
Neal J.M.              Ott                    Parks
Phillips               Rhoad                  Riser
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith R.               Stuart
Taylor                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins

Printed Page 4892 . . . . . Thursday, June 24, 1999

Witherspoon            Young-Brickell

Total--83

Those who voted in the negative are:

Barrett                Campsen                Cato
Easterday              Fleming                Hamilton
Haskins                Hawkins                Koon
Leach                  Littlejohn             Loftis
Quinn                  Rice                   Robinson
Tripp                  Vaughn

Total--17

So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

SPEAKER IN CHAIR

S. 727 -- FREE CONFERENCE POWERS GRANTED

Rep. WALKER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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 yeas and nays were taken resulting as follows:

Yeas 100; Nays 0


Printed Page 4893 . . . . . Thursday, June 24, 1999

Those who voted in the affirmative are:
Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Canty
Carnell                Cato                   Chellis
Clyburn                Cooper                 Cotty
Dantzler               Delleney               Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Harrell                Harris
Harvin                 Hawkins                Hayes
Hines J.               Hinson                 Hosey
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Meacham                Miller
Moody-Lawrence         Neal J.M.              Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith R.               Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Young-Brickell

Total--100

Those who voted in the negative are:

Total--0


Printed Page 4894 . . . . . Thursday, June 24, 1999

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. WALKER, TOWNSEND and BARRETT to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 727 -- FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
S. 727
The General Assembly, Columbia, S.C., June 22, 1999

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 727 (Word version) -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION 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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all, including the title, and inserting therein the following:
/   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 THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 ARE ENCOURAGED TO ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR


Printed Page 4895 . . . . . Thursday, June 24, 1999

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.

Be it enacted by the General Assembly of the State of South Carolina:

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 encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for behavioral or academic reasons are not benefiting from the regular school program or may be interfering with the learning of others. 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.   School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. However, an existing alternative school program located in a defined area within a building which provides complete separation from other students and which otherwise meets the criteria established herein may continue at this site if the location is approved by the Department of Education. Provided, that a school district or consortium may apply for a waiver to the site requirement for a new


Printed Page 4896 . . . . . Thursday, June 24, 1999

program if it demonstrates to the satisfaction of the State Department of Education that no separate site is available and the cost of temporary classroom space cannot by justified, then the alternative school program may be established in a defined area within a building which provides complete separation from other students if the location is approved by the Department of Education. This waiver may be granted for a period of two years. In order for the district or consortium to reapply for a waiver, they must outline efforts made to acquire a separate facility.

Section 59-63-1320.   Eligible alternative school programs shall be provided for, but not limited to, students in grades 6-12 as follows:

(1)   Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the attention and assistance beyond that of a traditional program as established by the academic history of the student, including the student's academic plan as required in Section 59-18-500, and following other policies and procedures for documenting need established by the district board of trustees.

(2)   Students referred for voluntary attendance at the alternative school program and meeting the district criteria to attend based upon a documented need for the program due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees.
Districts must establish clear guidelines and procedures for the referral of any student into an alternative school program and before a decision is made to assign a student to an alternative school program, a determination must be made that the written and distributed academic and disciplinary policies of the district have been followed.

(3)   Students placed in an alternative school program by the district board of trustees as an option to suspension or expulsion or by the dispositive order of a family court judge, with the consent of the local board of trustees. However, 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 any student into an alternative school program and at a minimum they shall prescribe due process procedures for placement actions.


Printed Page 4897 . . . . . Thursday, June 24, 1999

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 by the board of trustees 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 an alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.

Section 59-63-1330.   Nothing in this article shall abrogate 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 and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.

Section 59-63-1350. To be eligible for funding, a district or consortium must submit a plan for the program which includes:

(a)     mission statement,

(b)   the policy for the basis of enrollment in the school,

(c)   location of the alternative school program, and

(d)   description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in


Printed Page 4898 . . . . . Thursday, June 24, 1999

the core academic areas, provisions for a low pupil-teacher ratio, 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 student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals, interim goals, and data collection for program evaluation must be a part of the program plan.

The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools 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 to complete the requirements for a diploma.

Section 59-63-1360.     A school district or consortium 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.   Each school district or consortium 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 served by the school. 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 59-63-1380.   A school district shall allocate to an alternative school program the same per student expenditure to include


Printed Page 4899 . . . . . Thursday, June 24, 1999

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.

Districts or consortia meeting the eligibility requirements for alternative school funding shall receive an annual base funding minimum of $30,000 or up to $200,000 depending on the student population of the district; however, districts forming consortia will have as their base funding an amount equal to the total of the individual districts' base funding, not to exceed $350,000. The State Department of Education, for the purposes of establishing base funding, shall group districts according to their average daily membership and assign the amount of base funding districts in a grouping would receive for eligible programs. Unobligated funds from state appropriations for base funding which become available during a fiscal year may be redistributed on a per pupil basis to eligible programs in county-wide districts receiving base funding of less than $100,000; however, this redistributed funding shall not become part of the base funding for the following year. Increases in fiscal year 2000-2001 funding over the fiscal year 1999-2000 recurring and non-recurring funding shall be used to increase county-wide districts' base funding by fifty percent and this new amount shall constitute their base funding.

It is the intent of the General Assembly that, after meeting the funding requirements for base funding, eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.49 and beginning with school year 2001-2002 a weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the Education Finance Act formula provided for in Section 59-20-40. Beginning with school year 2002-2003, every district or district consortium shall provide alternative school opportunities for their students in grades 6-12, provided that state funding for alternative school programs is not reduced below the appropriation received in fiscal year 2001-2002.

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 59-63-1370.

Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000 if criteria established by the State Board of Education are met.


Printed Page 4900 . . . . . Thursday, June 24, 1999

Section 59-63-1390.   The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual review of the implementation and progress of the alternative school program and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meeting the locally established measures of success, the Department of Education shall provide technical assistance and future funding may be terminated.

Section 59-63-1400.   The State Department of Education shall review alternative school plans for eligibility for funding, and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The Department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school."

SECTION   2.   Section 59-18-1900 of the 1976 Code is repealed. However, districts or consortia receiving grant funds pursuant to Section 59-18-1900 shall receive no less funding for eligible alternative school programs than received in 1998-99 for the length of the original grant.

SECTION   3.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/James Bryan                    /s/Ronald Townsend
/s/John Matthews                  /s/Robert Walker
/s/Linda Short                    /s/James Barrett
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.


Printed Page 4901 . . . . . Thursday, June 24, 1999

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Bryan, Matthews and Short of the Committee of Free Conference on the part of the Senate on S. 727:
S. 727 (Word version) -- Education Committee: A BILL TO 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


Printed Page 4902 . . . . . Thursday, June 24, 1999

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
Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 727:
S. 727 (Word version) -- Education Committee: A BILL TO 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


Printed Page 4903 . . . . . Thursday, June 24, 1999

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

Printed Page 4904 . . . . . Thursday, June 24, 1999

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

Received as information.

S. 727 -- ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification.

RULE 3.9 NOT RESCINDED

Rep. FLEMING moved to rescind Rule 3.9.

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

Yeas 28; Nays 63

Those who voted in the affirmative are:

Barrett                Campsen                Canty
Cooper                 Delleney               Easterday
Fleming                Frye                   Gourdine
Govan                  Hamilton               Harris
Hawkins                Kirsh                  Klauber
Koon                   Leach                  Limehouse
Loftis                 Meacham                Phillips
Quinn                  Rice                   Robinson
Sharpe                 Sheheen                Simrill
Vaughn

Total--28


Printed Page 4905 . . . . . Thursday, June 24, 1999

Those who voted in the negative are:
Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Beck                   Bowers                 Breeland
Brown H.               Brown J.               Carnell
Chellis                Clyburn                Cotty
Dantzler               Davenport              Edge
Emory                  Gamble                 Harrell
Harvin                 Haskins                Hayes
Hines J.               Hinson                 Hosey
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Lee                    Lloyd                  Lourie
Maddox                 Martin                 McGee
McLeod M.              McLeod W.              Miller
Neilson                Ott                    Parks
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Seithel
Smith R.               Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Young-Brickell

Total--63

So, the House refused to rescind Rule 3.9.

H. 3002 -- FREE CONFERENCE POWERS REJECTED

Rep. HASKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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, Edge, Robinson, Emory, McCraw, W. McLeod and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING


Printed Page 4906 . . . . . Thursday, June 24, 1999

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.

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 25

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown G.               Brown H.
Brown J.               Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Davenport
Edge                   Emory                  Govan
Harrell                Harvin                 Haskins
Hayes                  Hines J.               Hinson
Hosey                  Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Maddox
Martin                 McGee                  McLeod M.
McLeod W.              Miller                 Moody-Lawrence
Neal J.M.              Neilson                Ott
Parks                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Smith D.               Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--81


Printed Page 4907 . . . . . Thursday, June 24, 1999

Those who voted in the negative are:
Beck                   Campsen                Canty
Delleney               Easterday              Fleming
Frye                   Gamble                 Gilham
Hamilton               Harris                 Hawkins
Kirsh                  Koon                   Lanford
Leach                  Loftis                 McCraw
Meacham                Phillips               Sheheen
Simrill                Smith F.               Smith R.
Vaughn

Total--25

So, Free Conference Powers were rejected.

H. 3698 -- SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.

Rep. HARRELL explained the Senate amendments.

The Senate amendments were agreed to, and the Joint Resolution 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.

SPEAKER PRO TEMPORE IN CHAIR

SPEAKER IN CHAIR

RULE 3.9 RESCINDED

Rep. MADDOX moved to rescind Rule 3.9, which was agreed to.


Printed Page 4908 . . . . . Thursday, June 24, 1999

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Moore, Hutto and Ravenel of the Committee of Free Conference on the part of the Senate on H. 3276:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:


Printed Page 4909 . . . . . Thursday, June 24, 1999

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3276:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by


Printed Page 4910 . . . . . Thursday, June 24, 1999

both Houses ordered that the title be changed to that of an Act and the Act enrolled for Ratification:
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

Printed Page 4911 . . . . . Thursday, June 24, 1999

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.

The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3359:
H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE


Printed Page 4912 . . . . . Thursday, June 24, 1999

PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
Very respectfully,
President

Received as information.

H. 3359 -- ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification.

COMMITTEE TO NOTIFY THE SENATE

The SPEAKER appointed Reps. J. BROWN, HINSON and CAMPSEN of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY THE GOVERNOR

The SPEAKER appointed Reps. LEE, CARNELL and KOON of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., June 24, 1999
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber today for the purpose of Ratifying Acts prior to Sine Die Adjournment at a time mutually convenient to both bodies and the respective Presiding Officers.
Very respectfully,
President

On motion of Rep. HASKINS, the invitation was accepted.


Printed Page 4913 . . . . . Thursday, June 24, 1999

MOTION ADOPTED

Rep. LITTLEJOHN moved that pending the Ratification of Acts, the House adjourn Sine Die, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4194 (Word version) -- Reps. Mack, Altman, Breeland, Campsen, Inabinett, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHBOUND CONNECTOR OF THE BRIDGE TO BE BUILT TO REPLACE THE JOHN P. GRACE AND THE SILAS N. PEARMAN BRIDGES IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER CONNECTOR" AND TO ERECT SIGNS OR MARKERS CONTAINING THIS DESIGNATION.

RATIFICATION OF ACTS

At 1:40 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R177, S. 7 (Word version)) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 74 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT" WHICH REQUIRES CERTIFICATION BY THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION TO USE IONIZING RADIATION OR EQUIPMENT EMITTING OR DETECTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES, TO ALSO REQUIRE SUPERVISION AND THE PRESCRIPTION OF A LICENSED PRACTITIONER TO ENGAGE IN SUCH USE AND TO PROVIDE EXCEPTIONS; TO REQUIRE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION TO REGISTER WITH THE SECRETARY OF STATE'S OFFICE AND TO BE RECOGNIZED AS A TAX EXEMPT ORGANIZATION UNDER 501(C) OF THE INTERNAL REVENUE CODE; TO PRESCRIBE BOARD MEMBERSHIP AND AUTHORITY; TO PROVIDE FOR CERTIFICATION OF CERTAIN X-RAY TECHNICIANS WITHOUT EXAMINATION AND FOR CERTIFICATION BY EXAMINATION FOR OTHERS; TO REQUIRE THE SOUTH


Printed Page 4914 . . . . . Thursday, June 24, 1999

CAROLINA PODIATRIC MEDICAL ASSOCIATION TO SUBMIT TO THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION FOR APPROVAL A PODIATRIC LIMITED PRACTICE RADIOGRAPHER CERTIFICATION EXAMINATION; AND TO PROVIDE THAT ALL ORDERS FOR MEDICATION DISPENSED OR TREATMENT PROVIDED IN A HOSPITAL TO BE AUTHENTICATED ACCORDING TO HOSPITAL POLICY, TO PRESCRIBE WHOM MAY TAKE SUCH ORDERS AND IN WHAT FORM, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS CONSISTENT WITH THIS PROVISION.

(R178, S. 11 (Word version)) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTH OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

(R179, S. 311 (Word version)) -- Senator Martin: AN ACT 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


Printed Page 4915 . . . . . Thursday, June 24, 1999

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, 2004; 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, 2004.

(R180, S. 373 (Word version)) -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25 SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; BY ADDING SECTION 7-5-325 SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH; TO AMEND SECTION 7-13-1330, RELATING TO THE APPROVAL OF VOTE RECORDERS BY THE STATE ELECTION COMMISSION, SO AS TO INCLUDE AN OPTICAL SCAN VOTING SYSTEM WITHIN THE MEANING OF VOTE RECORDER, PROVIDE THAT NO VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM MAY BE APPROVED FOR USE BY THE STATE UNLESS CERTIFIED BY AN ACCREDITED NATIONAL TESTING AUTHORITY AND THE STATE ELECTION COMMISSION AS MEETING CERTAIN STANDARDS, PROVIDE A PROCEDURE TO FOLLOW FOR A PERSON OR COMPANY SEEKING APPROVAL OF A VOTE RECORDER OR OPTICAL SCAN SYSTEM, PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM BY THE COMMISSION; TO AMEND SECTION 7-13-1340, RELATING TO THE REQUIREMENTS FOR VOTE RECORDERS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1620, RELATING TO THE


Printed Page 4916 . . . . . Thursday, June 24, 1999

EXAMINATION AND APPROVAL OF VOTING MACHINES BY THE BOARD OF STATE CANVASSERS, SO AS TO ESTABLISH A PROCEDURE FOR THE APPROVAL OF A VOTING MACHINE BY THE STATE ELECTION COMMISSION BEFORE IT MAY BE USED IN AN ELECTION AND PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTING MACHINE; TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; AND TO REPEAL SECTION 7-13-1630 RELATING TO THE EMPLOYMENT OF EXPERTS TO ASSIST IN EXAMINATION OF A VOTING MACHINE.

(R181, S. 403 (Word version)) -- Senators Courtney, Short, Moore and Washington: AN ACT 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


Printed Page 4917 . . . . . Thursday, June 24, 1999

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

Printed Page 4918 . . . . . Thursday, June 24, 1999

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

Printed Page 4919 . . . . . Thursday, June 24, 1999

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 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 AND TO ALLOW FOR AN EXTENSION, TO AUTHORIZE THE DEPARTMENT TO EXPAND THE PILOT SYSTEM TO SIX, RATHER THAN THREE COUNTIES, AND TO EXTEND THE PILOT FOR UP TO THREE YEARS, RATHER THAN TWO YEARS, TO CLARIFY THE TIME WITHIN WHICH AN INVESTIGATION OR ASSESSMENT MUST BE COMPLETED BY A PILOT COUNTY, AND TO APPLY THE POLICIES AND PROCEDURES PERTAINING TO RECORDS OF UNFOUNDED AND FOUNDED CASES OF ABUSE OR NEGLECT, AS ESTABLISHED IN LAW TO RECORDS OF ASSESSMENT CASES CREATED UNDER THE PILOT SYSTEM.

(R182, S. 585 (Word version)) -- Senator McConnell: AN ACT 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 FINES AND ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S


Printed Page 4920 . . . . . Thursday, June 24, 1999

COURTS, SO AS TO PROVIDE THAT ALL REVENUES MUST BE APPROPRIATED FOR THE EXCLUSIVE PURPOSE OF PROVIDING VICTIM SERVICES; TO PROVIDE THAT ALL UNUSED FUNDS MUST BE CARRIED FORWARD AND USED EXCLUSIVELY FOR VICTIM SERVICES; TO PROVIDE THAT EACH GOVERNMENTAL ENTITY MUST HAVE AN ANNUAL INDEPENDENT EXTERNAL AUDIT CONDUCTED ON THE COLLECTION, REPORTING, AND DISTRIBUTION OF THE FINES AND ASSESSMENTS AND MUST DETAIL IN A SUPPLEMENTARY SCHEDULE CERTAIN ELEMENTS OF THE ENTITY'S RECORDS CONCERNING THE FINES AND ASSESSMENTS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURTS, SO AS TO PROVIDE THAT ALL SURCHARGE REVENUE MUST BE APPROPRIATED FOR THE EXCLUSIVE PURPOSE OF PROVIDING VICTIM SERVICES, TO PROVIDE THAT ALL UNUSED FUNDS MUST BE CARRIED FORWARD AND USED EXCLUSIVELY FOR VICTIM SERVICES, AND TO PROVIDE THAT THE CITY OR COUNTY MUST HAVE AN ANNUAL INDEPENDENT EXTERNAL AUDIT CONDUCTED ON THE COLLECTION, REPORTING, AND DISTRIBUTION OF THE SURCHARGE REVENUE AND MUST DETAIL IN A SUPPLEMENTARY SCHEDULE CERTAIN ELEMENTS OF THE ENTITY'S RECORDS CONCERNING THE SURCHARGES.

(R183, S. 591 (Word version)) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: AN ACT TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES AND TO ESTABLISH PROCEDURES FOR OBTAINING A SITE-SPECIFIC EFFLUENT LIMIT RELATED TO DISSOLVED OXYGEN.

(R184, S. 684 (Word version)) -- Senators Grooms and Mescher: AN ACT TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.


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(R185, S. 727 (Word version)) -- Education Committee: AN ACT 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 ARE ENCOURAGED TO 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; AND TO REPEAL SECTION 59-18-1900 RELATING TO ALTERNATIVE SCHOOLS AND GRANT PROGRAMS FOR SUCH SCHOOLS.

(R186, S. 810 (Word version)) -- Senator Washington: AN ACT 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.

(R187, S. 897 (Word version)) -- Senator Hutto: AN ACT TO AMEND ACT 2 OF 1963, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES FOR BARNWELL COUNTY SCHOOL DISTRICT NUMBER 45, SO AS TO ALLOW MEMBERS OF THE BOARD TO PROVIDE A STIPEND TO BOARD MEMBERS FOR SERVICES RENDERED.


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(R188, H. 3037 (Word version)) -- Rep. Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES; TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF TAX INCREMENT FINANCING, SO AS TO REQUIRE THAT REDEVELOPMENT PROJECTS BE PUBLICLY OWNED AND THAT TAXING DISTRICTS INCLUDE SCHOOL DISTRICTS WHICH HAVE TAXES LEVIED FOR THEM; AND TO AMEND SECTION 31-6-80, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE THE CONSENT OF EACH AFFECTED TAXING DISTRICT.

(R189, H. 3075 (Word version)) -- Reps. Limehouse, Edge, Simrill and Emory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-530 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A PROTOCOL MANUAL TO BE USED BY CONTRIBUTING AGENCIES IN THE ADMINISTRATION OF THE SEX OFFENDER REGISTRY; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO SEX OFFENDER REGISTRY INFORMATION BEING AVAILABLE TO THE PUBLIC, SO AS TO REQUIRE A SHERIFF TO PROVIDE A LISTING OF THE REGISTRY FOR PUBLICATION BY A NEWSPAPER WITH GENERAL CIRCULATION IN THE COUNTY, TO PROVIDE IMMUNITY FROM LIABILITY FOR PROVIDING OR PUBLISHING SUCH INFORMATION ABSENT INTENT, MALICE, OR BAD FAITH, AND TO REQUIRE A SHERIFF TO NOTIFY THE PRINCIPAL OF PUBLIC AND PRIVATE SCHOOLS AND THE ADMINISTRATORS OF DAY CARE CENTERS OF AN OFFENDER RESIDING WITHIN ONE-HALF MILE OF THE SCHOOL OR DAY CARE CENTER.

(R190, H. 3218 (Word version)) -- Rep. Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR


Printed Page 4923 . . . . . Thursday, June 24, 1999

APPLICATION FILED WITH A COUNTY OR MUNICIPALITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY REQUIREMENTS OF STATE TAX RETURNS, SO AS TO EXTEND THIS REQUIREMENT TO THE ADMISSIONS LICENSE TAX.

(R191, H. 3276 (Word version)) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: AN ACT TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; TO PROVIDE A MAXIMUM RATE OF BUSINESS LICENSE TAX THAT MAY BE IMPOSED ON RETAIL TELECOMMUNICATION SERVICES BY A MUNICIPALITY AFTER 2003 AND THE METHOD OF DETERMINING THAT MAXIMUM RATE; TO PROHIBIT A MUNICIPALITY FROM USING ITS AUTHORITY OVER THE PUBLIC STREETS AND PUBLIC PROPERTY AS A BASIS FOR ASSERTING OR EXERCISING CERTAIN REGULATORY CONTROL OVER TELECOMMUNICATIONS


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COMPANIES REGARDING MATTERS WITH THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION OR THE FEDERAL COMMUNICATIONS COMMISSION; TO ALLOW A COMMUNICATIONS COMPANY THAT IS OCCUPYING THE PUBLIC STREETS AND PUBLIC PROPERTY OF A MUNICIPALITY WITH ITS PERMISSION ON THE EFFECTIVE DATE OF THIS ARTICLE TO CONTINUE USING THE PUBLIC STREETS AND PUBLIC PROPERTY WITHOUT OBTAINING ADDITIONAL CONSENT; TO PROVIDE CONDITIONS UNDER WHICH A MUNICIPALITY MAY ENFORCE AN ORDINANCE OR PRACTICE INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; TO AUTHORIZE A TELECOMMUNICATIONS COMPANY TO INCLUDE A STATEMENT IN A MUNICIPAL CUSTOMER'S BILL THAT THE CUSTOMER'S MUNICIPALITY CHARGES A BUSINESS LICENSE TAX TO THE COMPANY; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

(R192, H. 3357 (Word version)) -- Reps. Fleming, Wilder, Klauber and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO


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EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES,

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OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50; TO AMEND CHAPTER 7, TITLE 5, 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

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MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; 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; TO PROVIDE THAT THE PROVISIONS OF SECTION 21 OF THIS ACT DO NOT AFFECT, ALTER, OR ABROGATE CONTRACTS EXISTING AND IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 11-27-40, RELATING TO THE ISSUANCE OF BONDS FOR POLITICAL SUBDIVISIONS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THE TERM AND AMOUNT OF BONDS THAT MAY BE SOLD AT PRIVATE SALE AND WITHOUT ADVERTISEMENT AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS FROM THE DATE OF ISSUE; TO AMEND SECTION 11-27-50 RELATING TO THE ISSUANCE OF BONDS FOR SCHOOL DISTRICTS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THAT THE CONSENT OF ANOTHER BODY IS NOT REQUIRED TO ISSUE GENERAL OBLIGATION BONDS OF A SCHOOL DISTRICT AFTER AN ELECTION AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS; AND TO AMEND SECTION 11-15-440, RELATING TO THE EXTENT TO WHICH REFUNDING BONDS MAY BE ISSUED, SO AS TO MAKE THIS PROVISION APPLICABLE TO REVENUE BONDS AND TO PROVIDE THAT THE ISSUER MAY UTILIZE THE PROVISIONS OF SECTIONS 11-27-40 AND 11-27-50 IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS.

(R193, H. 3359 (Word version)) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND


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RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES; TO AMEND CHAPTER 21, TITLE 50, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-385 SO AS TO ALLOW INDEFINITE MOORING OF A HOUSEBOAT USED FOR HABITATION AT A PRIVATE DOCK SO LONG AS THE BOAT HAS A WASTE-HOLDING TANK WHICH IS PUMPED OUT AT AN APPROVED FACILITY AND TO INCLUDE CRIMINAL PENALTIES; TO AMEND SECTION 2-7-76, AS AMENDED, RELATING TO FISCAL IMPACT STATEMENTS FOR CERTAIN LEGISLATION, SO AS TO REQUIRE THAT THE BUDGET DIVISION OR ECONOMIC RESEARCH SECTION OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE DEPARTMENT OF REVENUE, PREPARE THE STATEMENT OF ESTIMATED FISCAL IMPACT TO A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO CORPORATE INCOME TAX CREDIT FOR HEADQUARTERS, SO AS TO PROVIDE THAT THE NUMBER OF NEW JOBS AND THE COMPENSATION LEVEL BE DETERMINED USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE; TO AMEND SECTION 12-6-3465, RELATING TO INCOME TAX CREDIT FOR A RECYCLING FACILITY, SO AS TO MAKE TECHNICAL CORRECTIONS TO CROSS REFERENCES; TO AMEND SECTION 12-16-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX ACT, SO AS TO UPDATE THE DEFINITION FOR INTERNAL REVENUE CODE; TO AMEND SECTION 12-20-20, RELATING TO CORPORATIONS REQUIRED TO FILE ANNUAL REPORTS WITH THE DEPARTMENT OF REVENUE, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL

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LICENSES, SO AS TO DELETE THE REQUIREMENT THAT AN EVENT BE LISTED IN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM CALENDAR TO QUALIFY AS A SPECIAL EVENT; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO CHANGE THE ESTIMATING BODY FROM THE DEPARTMENT OF REVENUE TO THE ECONOMIC RESEARCH SECTION OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME OF APPLICATION FOR A TAX REFUND, SO AS TO ALLOW A CORPORATION NINETY DAYS, INSTEAD OF THIRTY, TO FILE A CLAIM; TO AMEND SECTION 12-56-20, AS AMENDED, 12-56-60, 12-56-110, AND CHAPTER 56, TITLE 12, ALL RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE AS A "CLAIMANT AGENCY" THE POLITICAL SUBDIVISION SUBMITTING A CLAIM THROUGH AN ASSOCIATION, TO DENY A PROPERTY RIGHT IN A REFUND UNTIL ALL CLAIMS ARE PAID, TO PERMIT THE DEPARTMENT OF REVENUE TO REGULATE THE PROCEDURES, AND BY ADDING SECTIONS 12-56-62, 12-56-63, 12-56-65, 12-56-67, AND 12-56-120 SO AS TO PROVIDE FOR NOTICE, PROTEST, HEARING, AND APPEALS PROCEDURES; TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, RELATING TO ENFORCEMENT AND COLLECTION OF TAXES, BY ADDING SECTIONS 12-54-43 AND 12-54-44 SO AS TO DESCRIBE SEPARATELY THE CIVIL AND CRIMINAL PENALTIES, RESPECTIVELY, IN THAT CONNECTION; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION FOR A FEE IN LIEU OF PROPERTY TAXES, AND SECTION 4-29-67, AS AMENDED, RELATING TO A FEE IN LIEU OF TAXES FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, BOTH SO AS TO DEEM REPLACEMENT PROPERTY AS THAT PROPERTY REPLACING THE OLDEST PROPERTY SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO ADD CROSS REFERENCES; TO AMEND SECTION 11-1-10, AS AMENDED, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED BY AN AGENT OF THE STATE, SO AS TO LIMIT DOCUMENTS SUBMITTED BY AGENTS OF THE DEPARTMENT OF REVENUE TO THOSE REQUIRED BY DEPARTMENT RULES; TO AMEND SECTION

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12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADD SECTION 6015 AS ADOPTED; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDITS, SO AS TO REQUIRE THAT COUNTIES BE RANKED AND DESIGNATED USING PER CAPITA INCOME AND UNEMPLOYMENT RATE DATA FROM THE MOST RECENTLY AVAILABLE THREE YEARS, INCREASE THE CREDIT DESIGNATION FOR FIVE YEARS FOR A COUNTY WITH AN APPLICABLE MILITARY INSTALLATION OR FEDERAL FACILITY, PROVIDE FOR PASS THROUGH AND CARRY FORWARD OF CREDITS FOR MEMBERS OF SPECIFIED BUSINESS ENTITIES, AND PROVIDE THAT JOB TAX CREDIT BE DETERMINED FROM INCOME DATA AVAILABLE AS OF THE END OF THE TAXABLE YEAR IN WHICH THE JOBS ARE FILLED; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS REQUIRED TO MAKE AN INCOME TAX RETURN, SO AS TO INCLUDE RETIREMENT INCOME DEDUCTION IN THE PROVISION; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO TAXPAYER CHARITABLE CHECKOFFS, SO AS PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE SOLICITATION OF CHARITABLE FUNDS ACT FOR ITS ROLE IN ADMINISTERING THE CHECKOFFS; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO MONTHLY PAYMENT OF THE STAMP AND BUSINESS LICENSE TAX, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ESTIMATE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT BASED ON THE BEST INFORMATION AVAILABLE UPON FAILURE TO FILE OR FILING AN INCORRECT RETURN; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF TAXPAYER NAME AND ADDRESS TO THE STATE RETIREMENT SYSTEM IN DISPOSITION OF AN INACTIVE ACCOUNT; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO SETOFF DEBT COLLECTION SO AS TO INCLUDE THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY

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AND TO CHANGE "INDIVIDUAL" TO "PERSON"; TO REPEAL SECTION 12-6-5590, RELATING TO APPLICATION FOR REVISION OF ASSESSED INCOME TAX, AND SECTIONS 12-54-35 AND 12-54-40 RELATING TO LIABILITIES OF SPOUSES AND CIVIL AND CRIMINAL TAX LIABILITIES AND PENALTIES; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO PERMISSIVE POWERS OF THE DEPARTMENT OF REVENUE, SO AS TO PERMIT THE EXTENSION OF TIME FOR MAKING RETURNS, PAYMENTS, AND COLLECTIONS FOR A TAXPAYER IN HAZARDOUS MILITARY SERVICE; TO AMEND SECTION 12-60-470, RELATING TO A TAXPAYER'S REFUND CLAIM, SO AS TO MAKE THE CLAIM FOR REFUND PERSONAL TO THE TAXPAYER UNTIL THE REFUND IS AUTHORIZED; TO AMEND SECTION 12-44-60, RELATING TO REPLACEMENT PROPERTY FOR PURPOSES OF A SIMPLIFIED FEE IN LIEU OF TAX, SO AS TO DEEM IT REPLACES THE OLDEST PROPERTY SUBJECT TO THE FEE; TO AMEND SECTION 6-1-320, RELATING TO MILLAGE RATE INCREASES BY A LOCAL GOVERNING BODY, SO AS TO CHANGE THE REFERENCE FROM FISCAL YEAR TO CALENDAR YEAR; TO AMEND SECTIONS 12-10-50, AS AMENDED, 12-10-60, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO MAKE IT DISCRETIONARY WITH THE ADVISORY COORDINTING COUNCIL FOR ECONOMIC DEVELOPMENT TO ENTER INTO A REVITALIZATION AGREEMENT WITH A QUALIFYING BUSINESS; TO AMEND SECTION 4-35-150, RELATING TO OWNERSHIP OF IMPROVEMENTS PURSUANT TO THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO PROVIDE THAT THE IMPROVEMENTS BE OWNED BY THE COUNTY, STATE, OR OTHER PUBLIC ENTITY AND THAT ASSESSMENTS MAY BE LEVIED ALSO FOR THE MANAGEMENT AND OPERATION OF THE IMPROVEMENT DISTRICT; AND TO PROVIDE VARIOUS EFFECTIVE DATES FOR THE DIFFERENT PROVISIONS.

(R194, H. 3411 (Word version)) -- Rep. W. McLeod: AN ACT TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION PROCEDURE FOR A MOTOR VEHICLE SEIZED FROM A PERSON CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE (DUS), OR


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DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG, OR COMBINATION OF DRUGS (DUI), SO AS TO PROVIDE THAT A MOTOR VEHICLE DRIVEN BY ITS REGISTERED OWNER OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED FOR CERTAIN DUS AND DUI VIOLATIONS, TO DELETE THE PROVISION THAT PROVIDES THAT A MOTOR VEHICLE DRIVEN BY THE OWNER OF RECORD, OR A RESIDENT OF HIS HOUSEHOLD MUST BE FORFEITED IF THE DRIVER IS CONVICTED OF CERTAIN DUS OR DUI VIOLATIONS, TO PROVIDE THAT AN AUTHORIZED AGENT OF A SHERIFF OR CHIEF OF POLICE MAY RECEIVE A CONFISCATED MOTOR VEHICLE FROM CERTAIN LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR THEIR AUTHORIZED AGENT SHALL BY CERTIFIED MAIL NOTIFY THE REGISTERED OWNER OF A MOTOR VEHICLE OF ITS CONFISCATION, TO PROVIDE THAT THE MOTOR VEHICLE CONFISCATION HEARING OFFICER SHALL DETERMINE WHETHER OR NOT ON THE OCCASION OF THE DRIVER'S ARREST THE REGISTERED OWNER OF THE MOTOR VEHICLE AUTHORIZED THE USE OF THE MOTOR VEHICLE OR WHETHER OR NOT HE KNEW THE DRIVER DID NOT POSSESS A VALID DRIVER'S LICENSE, AND RETURN THE MOTOR VEHICLE TO ITS REGISTERED OWNER IF THE SHOWING IS MADE THAT THE REGISTERED OWNER DID NOT AUTHORIZE THE USE OR DID NOT KNOW THAT THE DRIVER HAD A SUSPENDED DRIVER'S LICENSE, TO REVISE THE PROCEDURE FOR THE DISPOSAL OF A MOTOR VEHICLE THAT A REGISTERED OWNER FAILS TO REMOVE FROM THE POSSESSION OF A LAW ENFORCEMENT AGENCY WITHIN TEN DAYS OF A COURT ORDER ALLOWING ITS RETURN TO ITS REGISTERED OWNER, TO REVISE THE PROCEDURE THAT A SHERIFF OR CHIEF OF POLICE MUST FOLLOW TO ACCOMPLISH FORFEITURE OF A CONFISCATED MOTOR VEHICLE, TO PROVIDE THAT FORFEITURE OF A MOTOR VEHICLE IS SUBORDINATE TO ALL VALID LIENS AND ENCUMBRANCES UPON THE MOTOR VEHICLE, TO REVISE THE TYPE AND CONTENT OF PERSONAL AND PUBLIC NOTICE THAT MUST BE PROVIDED BY A SHERIFF OR CHIEF OF POLICE REGARDING A FORFEITED MOTOR VEHICLE BEFORE IT MAY BE DISPOSED OF, TO REVISE THE PROCEDURE TO DISPOSE OF A MOTOR VEHICLE AT PUBLIC

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AUCTION, TO PROVIDE FOR THE TRANSFER OF THE TITLE OF THE MOTOR VEHICLE TO ITS PURCHASER, TO PROVIDE THAT CERTAIN COSTS INCURRED FROM THE CONFISCATION, FORFEITURE, AND SALE OF A MOTOR VEHICLE MUST BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE MOTOR VEHICLE, AND THAT THE REMAINING PROCEEDS FROM THE SALE OF A MOTOR VEHICLE MUST BE DEPOSITED IN THE GENERAL FUND OF EITHER THE COUNTY OR MUNICIPALITY THAT MAINTAINS JURISDICTION OVER THE MOTOR VEHICLE, TO PROVIDE THAT IF A REGISTERED OWNER, NEW PURCHASER, OR LIENHOLDER BELIEVES THE TOWING, PRESERVATION, AND STORAGE COSTS FOR THE MOTOR VEHICLE ARE EXCESSIVE, HE MAY PETITION THE MAGISTRATE IN THE JURISDICTION WHERE THE MOTOR VEHICLE WAS TAKEN INTO CUSTODY TO DETERMINE THE FAIR MARKET PRICE OF THESE SERVICES, AND TO PROVIDE THAT THIS PROVISION SHALL NOT ALTER A CONTRACTUAL OBLIGATION IN AN EXISTING INSURANCE POLICY; TO AMEND SECTION 56-1-170, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO PLACE RESTRICTIONS ON A PERSON'S DRIVER'S LICENSE TO ASSURE THE SAFE OPERATION OF A MOTOR VEHICLE BY A LICENSEE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT OF THIS STATE'S DRIVER'S LICENSE OR A NONRESIDENT'S DRIVING PRIVILEGE UPON HIS CONVICTION OF AN OFFENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE A SPECIAL

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ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES TO CERTAIN PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED, OR REVOKED UPON THEIR CONVICTION OF AN OFFENSE IN ANOTHER STATE; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR NONRESIDENT PRIVILEGE TO DRIVE, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING HIS COURSE OF EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-748, RELATING TO THE INELIGIBILITY OF A PERSON WHO HAS BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE UNDER CERTAIN PROVISIONS OF THE LAW TO OBTAIN A SUBSEQUENT SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON IS INELIGIBLE TO OBTAIN A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE IF HE HAS PREVIOUSLY BEEN ISSUED A SPECIAL ROUTE RESTRICTED DRIVER'S LICENSE PURSUANT TO SECTIONS 56-1-170, 56-1-320, 56-1-740, 56-5-750, 56-9-430, 56-10-260, OR 56-10-270; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO A PERSON'S FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE AND THE PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON WHO VIOLATES THIS PROVISION FOR CERTAIN SECOND OR SUBSEQUENT OFFENSES MUST HAVE HIS DRIVER'S LICENSE SUSPENDED INSTEAD OF REVOKED, AND TO PROVIDE THAT A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT

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PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO CERTAIN CHEMICAL TESTS TO DETERMINE WHETHER THE PERSON WAS DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF THEM, THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A PERSON'S DRIVER'S LICENSE SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE THAT WAS ISSUED BEFORE THE HEARING SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES THE ADMINISTRATIVE HEARING OFFICER'S DECISION AND INFORMS THE PERSON THAT HE IS ELIGIBLE TO RECEIVE A ROUTE RESTRICTED SPECIAL DRIVER'S LICENSE IF HE IS EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY, TO INCREASE FROM TEN DAYS TO THIRTY DAYS WITHIN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER A REQUEST FOR A HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT SCHEDULE THE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER WITHIN TEN DAYS THAT SETS FORTH THE REASONS WHY THE HEARING WAS NOT HELD WITHIN THE INITIAL THIRTY DAYS AND SCHEDULES A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN TEN DAYS OR FAILS TO SCHEDULE OR HOLD A SUBSEQUENT HEARING, THEN THE PERSON WHO REQUESTED THE HEARING MUST HAVE HIS DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE REINSTATED, AND TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED UPON A SHOWING OF EXIGENT CIRCUMSTANCES BY EITHER PARTY

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IN AN ADMINISTRATIVE HEARING, TO PROVIDE THAT IF A PERSON DOES NOT REQUEST AN ADMINISTRATIVE HEARING, HE MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, UNDER CERTAIN CONDITIONS, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE THAT A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE MUST BE RESTORED WHEN HIS PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM (ADSAP) IN WHICH HE IS ENROLLED, TO PROVIDE THAT AFTER A PERSON'S DRIVING PRIVILEGE IS RESTORED, HE MUST COMPLETE THE ADSAP IN WHICH HE IS ENROLLED TO MAINTAIN HIS DRIVING PRIVILEGE, AND TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ADSAP BEFORE HIS DRIVING PRIVILEGE CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND REGISTRATION OF A PERSON AND THE SUSPENSION OF THE NONRESIDENT OPERATING PRIVILEGE OF A PERSON AGAINST WHOM A JUDGMENT HAS BEEN RENDERED UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, RELATING TO THE OFFENSE OF FALSELY CERTIFYING THAT A MOTOR VEHICLE IS INSURED OR PRESENTING THE DEPARTMENT OF PUBLIC SAFETY WITH FALSE EVIDENCE THAT A MOTOR VEHICLE A PERSON SEEKS TO REGISTER IS INSURED, AND PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE THAT THE

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DRIVER'S LICENSE OF A PERSON ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-10-270, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT A PERSON EMPLOYED OR ENROLLED IN A COLLEGE OR UNIVERSITY WHILE HIS DRIVER'S LICENSE IS SUSPENDED UNDER THIS PROVISION MAY APPLY FOR AND MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE THAT PERMITS HIM TO DRIVE ONLY TO AND FROM WORK OR HIS PLACE OF EDUCATION, DURING HIS COURSE OF EMPLOYMENT OR EDUCATION, DURING THE PERIOD OF SUSPENSION, UNDER CERTAIN CIRCUMSTANCES, AND WITH CERTAIN RESTRICTIONS, TO PROVIDE A FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE A PENALTY FOR VIOLATING THE RESTRICTIONS IMPOSED BY THE SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-5-6410, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO REVISE THE AGES OF CHILDREN THAT MUST BE SECURED BY A CHILD RESTRAINT SYSTEM OR BY A SAFETY BELT; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DUI, SO AS TO REVISE THE PERIOD IN WHICH THE DEPARTMENT OF PUBLIC SAFETY MUST NOTIFY A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR A DUI CONVICTION THAT HE MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY PROGRAM (ADSAP), TO PROVIDE THAT ADSAP SHALL DETERMINE IF A PROGRAM APPLICANT HAS SUCCESSFULLY COMPLETED

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ITS SERVICES, THAT THE PROGRAMS SHALL BEGIN AT LEAST ONCE A MONTH, AND THAT A PERSON WHOSE LICENSE IS SUSPENDED MUST ATTEND THE FIRST ADSAP AVAILABLE AFTER THE DATE OF HIS ENROLLMENT.

(R195, H. 3522 (Word version)) -- Rep. Altman: AN ACT TO MAKE FINDINGS WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA'S HOSPITALS AND CLINICS; AND TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL BE THE GOVERNING BODY OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, TO PROVIDE THAT WHEN THE BOARD FUNCTIONS IN ITS CAPACITY AS GOVERNING AUTHORITY OF THE HOSPITAL AND CLINICS, THE BOARD IS DESIGNATED AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, TO PROVIDE THAT REVENUES OF THE MEDICAL UNIVERSITY AND MEDICAL UNIVERSITY HOSPITAL, AND CERTAIN PRACTICE PLAN FUNDS ARE CONSIDERED PUBLIC FUNDS, MUST BE EXPENDED FOR A PUBLIC PURPOSE, AND TO PROVIDE FOR EXPENDITURES WHICH ARE NOT CONSIDERED AS BEING FOR A PUBLIC PURPOSE, TO PROVIDE FOR THE MANNER IN WHICH THE FREEDOM OF INFORMATION ACT APPLIES TO FACULTY PRACTICE PLANS, TO PROHIBIT MEMBERS OF THE BOARD AND OFFICERS AND DEANS OF THE UNIVERSITY INCLUDING A CURRENT OR FORMER PRESIDENT FROM HAVING CERTAIN OWNERSHIP OR FINANCIAL INTERESTS IN BUSINESSES CONTRACTING WITH OR PROPERTY ACQUIRED BY THE UNIVERSITY OR ITS SUBSIDIARIES OR AFFILIATES, AND TO PROVIDE THAT BEGINNING IN FISCAL YEAR 2000-2001, STATE APPROPRIATIONS FOR THE MEDICAL UNIVERSITY FOR SUPPORT OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS SHALL BE REDIRECTED IN A SPECIFIED MANNER.


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(R196, H. 3525 (Word version)) -- Rep. Scott: AN ACT TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN MAY NOT GIVE POWER OF ATTORNEY TO, OR AUTHORIZE A PERSON TO COUNTERSIGN HIS NAME TO BONDS UNLESS THE AUTHORIZED PERSON IS A LICENSED BONDSMAN OR RUNNER EMPLOYED BY THE BONDSMAN GIVING POWER OF ATTORNEY, AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT; AND BY ADDING SECTION 38-53-102 SO AS TO PROVIDE THAT THE LICENSE OF A BAIL BONDSMAN, HIS ASSOCIATES, AFFILIATES, OR RUNNERS WHO REFER DEFENDANTS TO A PARTICULAR ATTORNEY OR LAW FIRM MUST BE SUSPENDED.

(R197, H. 3591 (Word version)) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO ALLOW THE RUNNING OF RACCOONS AT ANY TIME DURING THE YEAR; AND TO AMEND SECTION 50-11-120 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE FOR HUNTING OF RACCOON AND OPOSSUM IN GAME ZONE 9 WITH DOGS ONLY FROM AUGUST 15 THROUGH SEPTEMBER 14 AND MARCH 16 THROUGH MAY 14 AND WITH WEAPONS AND DOGS FROM SEPTEMBER 15 THROUGH MARCH 15 AND TO DELETE THE PROHIBITION AGAINST DAYTIME HUNTING OF THEM.

(R198, H. 3620 (Word version)) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory,


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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: AN ACT 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 SCHOOL 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 CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S CODE BY ADDING ARTICLE 33 SO AS TO ESTABLISH THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO ESTABLISH THE PURPOSES OF THE BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO AMEND SECTION 12-6-5060 RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FIRST STEPS TO SCHOOL READINESS; 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; AND TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE

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AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT.

(R199, H. 3641 (Word version)) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: AN ACT TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT; TO AMEND CHAPTER 37, TITLE 5, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO ENACT THE MUNICIPAL IMPROVEMENTS ACT OF 1999 TO FURTHER DEFINE THE POWERS OF A MUNICIPAL GOVERNING BODY WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON THOSE DISTRICTS, TO REQUIRE CONSENT FROM AN AFFECTED COUNTY OR OTHER MUNICIPALITY BEFORE SPENDING REVENUE FOR IMPROVEMENTS LOCATED THERE, AND TO PROHIBIT USE OF RESIDENTIAL PROPERTY IN AN IMPROVEMENT DISTRICT ABSENT WRITTEN CONSENT FROM THE OWNER; AND TO AMEND SECTION 33-45-30, RELATING TO AUTHORITY OF COOPERATIVE ASSOCIATIONS, SO AS TO PROVIDE FOR THE ASSOCIATION OF MEMBERS OF A LIMITED LIABILITY COMPANY AS A COOPERATIVE ASSOCIATION.

(R200, H. 3696 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1999 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO


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APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO PROVIDE CODIFICATION INSTRUCTIONS TO THE CODE COMMISSIONER FOR THE PERMANENT LAW PROVISIONS IN THIS ACT AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE IF ANY PORTIONS OF THE ACT ARE FOUND UNCONSTITUTIONAL OR OTHERWISE INVALID; TO AMEND CHAPTER 24, TITLE 59, CODE OF LAW OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ADMINISTRATORS, BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE; TO AMEND SECTION 59-39-105, AS AMENDED, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA TO THE "SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS"; TO AMEND SECTION 59-39-190, RELATING TO THE STAR SCHOLARSHIP, SO AS TO DELETE THE SCHOLARSHIP AND TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS FOR THE SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS DIPLOMA; TO REPEAL SECTION 59-39-180 RELATING TO THE STAR SCHOLARSHIP REQUIREMENTS; TO AMEND SECTION 59-18-500, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT SCHOOL DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR; TO AMEND SECTION 12-23-810, AS AMENDED, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO TWENTY-NINE AND ONE-HALF MILLION DOLLARS; BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA BEACH RESTORATION AND IMPROVEMENT TRUST ACT" SO AS TO PROVIDE FOR A TRUST FUND FOR PUBLIC BEACH RESTORATION AND MAINTENANCE, IMPROVEMENT AND ENHANCEMENT OF PUBLIC BEACH ACCESS, AND EMERGENCY SUPPORT FOLLOWING SEVERE STORM DAMAGE TO THE BEACH AND DUNES SYSTEM, TO PROVIDE FOR THE FUND'S CAPITALIZATION IN FISCAL YEAR

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1999-2000 BY APPROPRIATION FROM THE GENERAL TAX REVENUES IN AN AMOUNT CONSIDERED APPROPRIATE BY THE GENERAL ASSEMBLY AND AN ANNUAL APPROPRIATION OF AN APPROPRIATE AMOUNT AFTER THAT, TO PROVIDE FOR ITS ADMINISTRATION BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, AND TO REQUIRE COMPREHENSIVE COLLECTION AND EVALUATION OF DATA CONCERNING EROSION RATES AND HAZARD AREAS OF PUBLIC BEACHES TO BE USED FOR FUNDING PROJECTS FROM THE TRUST FUND; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT ELEVEN PERCENT OF THE REVENUES OF THIS TAX MUST BE CREDITED TO A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, ALLOCATED TO COUNTIES ON A PER CAPITA BASIS, AND USED IN COMBINATION WITH MONIES FROM THE LOCAL GOVERNMENT FUND FOR EDUCATIONAL PURPOSES PERTAINING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS; TO AMEND SECTIONS 61-12-10, 61-12-20, AND 61-12-70, RELATING TO DISBURSEMENT OF MONIES FROM THE LOCAL GOVERNMENT FUND TO COUNTIES FOR PROGRAMS FOR ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO INCLUDE MONIES GENERATED PURSUANT TO SECTION 12-33-245 ABOVE INTO THIS PROGRAM AND ITS DISBURSEMENT PROCEDURES; TO AMEND SECTION 56-1-1330, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE

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DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS HAS SUCCESSFULLY COMPLETED ITS SERVICES, TO REVISE THE MANNER IN WHICH SERVICES FOR AN APPLICANT ARE DETERMINED, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED, TO CAP THE FEES FOR VARIOUS TYPES OF SERVICES, TO PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES, TO PROVIDE THAT INABILITY TO PAY MAY NOT BE USED AS A FACTOR IN DETERMINING SUCCESSFUL COMPLETION OF THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO SUSPENSION OF PRIVILEGES TO DRIVE A MOTOR VEHICLE IN THIS STATE, SO AS TO REQUIRE THAT A PERSON BE ENROLLED IN OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY PROGRAM BEFORE DRIVING PRIVILEGES CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO PROVIDE FOR RESTORATION OF A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE WHEN THE PERSON'S PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY PROGRAM, TO REQUIRE COMPLETION OF THE ALCOHOL AND DRUG SAFETY

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PROGRAM, AND TO REQUIRE SUSPENSION OF THE PERSON'S LICENSES UPON WITHDRAWAL FROM THE ALCOHOL AND DRUG SAFETY PROGRAM; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NONRESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A SPORTSMAN LICENSE FROM FORTY-FOUR TO FIFTY DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO THE DEPOSIT OF REVENUE FROM THE SALE OF LIFETIME LICENSES IN THE STATE TREASURY, SO AS TO DELETE THE EXCEPTION FOR REVENUE FROM THE SALE OF LICENSES AND PERMITS PURSUANT TO THE MARINE RESOURCES LAWS; TO AMEND SECTION 51-17-115, AS AMENDED, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO THE AFFIDAVIT OF INABILITY TO EMPLOY COUNSEL AND THE WAIVER OR REDUCTION OF THE APPLICATION FEE, SO AS TO PROVIDE THE TRIAL JUDGE SHALL ORDER THE REMAINDER OF THE FEE PAID DURING PROBATION, IF PROBATION IS GRANTED, AND TO PROVIDE FURTHER THAT THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL SHALL MAINTAIN A RECORD OF ALL PERSONS APPLYING FOR

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REPRESENTATION AS AN INDIGENT AND PROVIDE THIS INFORMATION AS WELL AS THE AMOUNT OF FUNDS COLLECTED OR WAIVED TO THE OFFICE OF INDIGENT DEFENSE ON A MONTHLY BASIS; TO AMEND SECTION 23-31-216, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM; TO AMEND SECTION 41-27-410, 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

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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; 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; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; BY ADDING SECTION 11-43-255 SO AS TO PROVIDE SIXTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS OF GENERAL FUND REVENUES ON JULY 1, 2000, AND EACH JULY 1 THEREAFTER, TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK IF THE BANK

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HAS SUBMITTED ALL ITS PROCEDURES, OPERATING STANDARDS, AND GUIDELINES IN THE FORM OF REGULATIONS FOR GENERAL ASSEMBLY REVIEW AND APPROVAL UNDER THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE USED TO CIRCUMVENT THE PROVISIONS OF THIS SECTION, AND TO PROVIDE THAT IF THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION HAVE NOT TAKEN EFFECT BEFORE JULY 1, 2000, THE PROVISIONS OF THIS SECTION SHALL HAVE NO FORCE OR EFFECT; TO AMEND SECTION 11-43-130, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT, SO AS TO EXTEND THE DEFINITION OF "ELIGIBLE PROJECT" TO MASS TRANSIT, INCLUDING MONORAIL AND MONOBEAM TRANSPORTATION SYSTEMS; TO AMEND SECTION 11-43-140, RELATING TO THE BANK'S BOARD OF DIRECTORS, SO AS TO REQUIRE THE ADVICE AND CONSENT OF THE SENATE TO GUBERNATORIAL APPOINTMENTS OF DIRECTORS; TO AMEND SECTION 11-43-150, RELATING TO THE POWERS OF THE BANK, SO AS TO PROVIDE THAT THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT APPLY TO THE BANK; TO AMEND SECTION 11-43-160, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE HUNDRED DOLLAR DEDUCTION FOR TAXABLE YEAR 1999 AND A THREE THOUSAND DOLLAR DEDUCTION FOR TAXABLE YEAR 2000 FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS; TO PROVIDE THE METHOD

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OF CALCULATING THE MAXIMUM DEDUCTION AMOUNT FOR TAXABLE YEARS AFTER 2000; BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION; TO AMEND SECTION 12-10-35, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-186 SO AS TO REQUIRE A STATE AGENCY TO REPORT AN INTERIM NEW FULL-TIME EMPLOYMENT POSITION TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-187 SO AS TO REQUIRE A STATE AGENCY TO REPORT A FULL-TIME EMPLOYMENT POSITION TRANSFERRED TO OR RECEIVED FROM ANOTHER STATE AGENCY TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM TO TWENTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO REIMBURSE THE SYSTEM FOR BENEFITS WRONGLY PAID TO A RETIREE IF THE EMPLOYER DID NOT NOTIFY THE SYSTEM ON HIRING A RETIREE, TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO

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DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION; TO REPEAL SECTION 9-1-1600 RELATING TO A LIMITED EXEMPTION FROM THE EARNINGS LIMITATION BY A TEACHER OR OTHER EMPLOYEE ESPECIALLY SKILLED IN SCIENTIFIC KNOWLEDGE; TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED; TO AMEND SECTION 43-5-1135, AS AMENDED, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE "SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION" ESTABLISHED

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FOR GRANT-AIDED AGENCIES IN THE STATE; BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED; TO AMEND SECTION 56-1-2070, AS AMENDED, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR TRANSPORTATION IN CONNECTION WITH OFFICIAL FUNCTIONS BY THE SOUTH CAROLINA ADJUTANT GENERAL AND THE RESERVE COMPONENTS OF THE UNITED STATES ARMED FORCES AND PROVIDE FOR REIMBURSEMENT FOR THE BUSES USE; BY ADDING SECTION 1-11-115 SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO MAKE ELIGIBLE LEGISLATIVE CAUCUS COMMITTEES AND THEIR EMPLOYEES FOR THESE BENEFITS; BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF

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EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING; BY ADDING SECTION 23-3-175 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION VEHICLE THEFT UNIT MAY CONDUCT INSPECTIONS OF A JUNKYARD, SCRAP METAL PROCESSING FACILITY, SALVAGE YARD, AND OTHER FACILITIES THAT RELATE TO MOTOR VEHICLES IN THE PRESENCE OF A FACILITY'S EMPLOYEE OR OWNER FOR THE PURPOSE OF LOCATING A STOLEN VEHICLE OR TO INVESTIGATE THE TITLING OR REGISTRATION OF WRECKED OR DISMANTLED VEHICLES; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT, IN ADDITION TO THE REQUIRED HUNTER'S LICENSE FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR; TO AMEND SECTION 9-1-1515, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION

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FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT; TO AMEND CHAPTER 4, TITLE 30, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-160 SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL SECURITY NUMBERS AND DRIVER'S LICENSE OR IDENTIFICATION CARD PHOTOGRAPHS OR SIGNATURES BY THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING OR OTHERWISE FURNISHING SOCIAL SECURITY NUMBERS, PHOTOGRAPHS, OR SIGNATURES FROM ITS RECORDS TO A PRIVATE PARTY; BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT UPON RETIREMENT, STATE LAW ENFORCEMENT OFFICERS MAY RETAIN THEIR COMMISSIONS IN RETIRED STATUS WITH THE RIGHT TO RETAIN THEIR SERVICE WEAPONS ISSUED WHILE SERVING IN ACTIVE DUTY STATUS; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME AND THE DEPARTMENT OF REVENUE ENTERING INTO AGREEMENTS WITH TAXPAYERS ESTABLISHING SUCH ALLOCATION AND APPORTIONMENT, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR THE AGREEMENTS AND TO ALLOW AGREEMENTS UP TO TEN YEARS IN DURATION UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CORRECT A CODE REFERENCE, TO RELOCATE LANGUAGE STIPULATING THAT LIBRARY,

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CHURCH, AND CHARITABLE PROPERTY TAX EXEMPTIONS DO NOT EXTEND BEYOND THE PROPERTY ACTUALLY OCCUPIED BY THE OWNERS, TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX, AND TO MAKE THESE PROVISIONS PERTAINING TO THE TAXATION OF PROPERTY TRANSFERRED TO A CHURCH RETROACTIVE TO PROPERTY TAX YEARS BEGINNING AFTER 1997; TO AMEND SECTION 10-1-179, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION, SO AS TO EXTEND THE DURATION OF THE COMMISSION AND ITS FINAL ACTIVITIES UNTIL JANUARY 1, 2001; BY ADDING SECTION 56-3-2675 SO AS TO DEFINE "MOTOR VEHICLE MANUFACTURER" AND TO PROVIDE THAT A MOTOR VEHICLE MANUFACTURER MAY OBTAIN AND ISSUE TEMPORARY LICENSE PLATES IN THE SAME MANNER AS A MOTOR VEHICLE DEALER; TO AMEND SECTION 56-3-2600, AS AMENDED, RELATING TO THE ISSUANCE OF AND FEE FOR A SET OF TEMPORARY LICENSE PLATES AND REGISTRATION CARDS, SO AS TO REVISE THE FEE; TO AMEND SECTION 56-3-2660, RELATING TO THE PERIOD OF TIME THAT TEMPORARY LICENSE PLATES AND REGISTRATION CERTIFICATES ARE VALID, SO AS TO PROVIDE THAT THE PERIOD OF VALIDITY IS THIRTY DAYS FOR VEHICLES WHICH ARE TO BE PERMANENTLY LICENSED IN A FOREIGN JURISDICTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE IMPOSITION OF CERTAIN HAZARDOUS WASTE FEES, SO AS TO REVISE THE MANNER IN WHICH THE FUNDS GENERATED FROM THIS FEE ARE USED, TO DEFINE THE PHRASE "ECONOMICALLY DEPRESSED AREA OF THAT COUNTY", AND TO REPEAL CERTAIN HAZARDOUS WASTE FEES EFFECTIVE JULY 1, 2002, UNLESS REENACTED BY

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SUBSEQUENT ACT OF THE GENERAL ASSEMBLY; TO AMEND SECTION 50-21-160, AS AMENDED, RELATING TO DISPOSITION OF FEES AND FINES COLLECTED IN CONNECTION WITH REGISTRATION OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT OF NATURAL RESOURCES FOR LAW ENFORCEMENT; TO AMEND SECTIONS 50-21-340, 50-21-370, AND 50-21-380, ALL AS AMENDED AND ALL RELATING TO REGISTRATION FEES FOR BOATS, SO AS TO INCREASE THE REGISTRATION AND RENEWAL OF REGISTRATION FEES FROM TEN DOLLARS TO THIRTY DOLLARS AND THE TRANSFER OF REGISTRATION FEE FROM THREE TO SIX DOLLARS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO A CERTIFICATE OF TITLE FOR A BOAT, SO AS TO INCREASE THE APPLICATION FEE FROM THREE DOLLARS TO TEN DOLLARS AND THE FEE FOR A TITLE DUPLICATE FROM ONE DOLLAR TO FIVE DOLLARS; TO AMEND SECTION 50-23-220, AS AMENDED, RELATING TO THE DISPOSITION OF FEES COLLECTED IN CONNECTION WITH THE TITLING OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT FOR ITS LAW ENFORCEMENT RESPONSIBILITIES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DEFINE 'DEALER PERMIT' AND 'DEMONSTRATION NUMBERS'; BY ADDING SECTION 50-21-35 SO AS TO PROVIDE FOR REGULATION OF THE USE OF DEALER DEMONSTRATION NUMBERS; TO REPEAL SECTION 51-1-75 RELATING TO THE ALLOCATION OF A PORTION OF THE ADMISSIONS TAX TO THE DEPARTMENT; TO AMEND SECTION 12-37-2830, AS AMENDED, RELATING TO DETERMINATION OF VALUE OF A MOTOR CARRIER'S VEHICLES FOR PROPERTY TAX PURPOSES, SO AS TO DELETE THE WORD "ENTIRE" IN DESCRIBING THE CARRIER'S FLEET; TO AMEND SECTION 58-15-2110, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH

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CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE; BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; TO AMEND SECTION 12-43-217, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION; BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR A LOSS ARISING FROM THE FAILURE OF A COMPUTER, SOFTWARE PROGRAM, DATABASE, NETWORK, INFORMATION SYSTEM, FIRMWARE, OR ANY OTHER DEVICE, WHETHER OPERATED BY OR ON BEHALF OF THE GOVERNMENTAL ENTITY, TO INTERPRET, PRODUCE, CALCULATE, GENERATE, OR ACCOUNT FOR A DATE WHICH IS COMPATIBLE WITH THE "YEAR 2000" DATE CHANGE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A GOVERNMENTAL ENTITY WHICH

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PROGRAMMED AND OPERATED THE DEVICE ITSELF IN A WILFUL, WANTON, RECKLESS, OR GROSSLY NEGLIGENT MANNER THEREBY CAUSING A YEAR 2000 COMPUTER FAILURE; TO AMEND ACT 419 OF 1998, RELATING TO THE ADDITION OF SECTION 57-7-37 TO THE 1976 CODE WHICH PROHIBITED THE IMPOSITION OF TAXES AND FEES ON THE GROSS RECEIPTS OF CERTAIN COMPETITIVE SPORTS EXHIBITIONS OR PERFORMANCES, SO AS TO EXTEND THE REPEAL DATE FROM JULY 30, 1999, TO JULY 30, 2000; TO AMEND SECTION 1-30-25, RELATING TO ENTITIES ADMINISTERED BY THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 1-30-80, RELATING TO ENTITIES ADMINISTERED AS A PART OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO DELETE THE FILM OFFICE OF THE STATE DEVELOPMENT BOARD; TO REPEAL ARTICLE 5, CHAPTER 1, TITLE 51 RELATING TO THE FILM OFFICE AS A DIVISION OF THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; TO AMEND SECTION 12-6-3385, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT, SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED; TO AMEND SECTION 59-149-90, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED; TO AMEND SECTION 59-18-1530, RELATING TO TEACHER AND PRINCIPAL SPECIALISTS AND THE SALARY SUPPLEMENTS RECEIVED BY THEM, SO AS TO DELETE LANGUAGE RELATING TO THE INCLUSION OF THE SUPPLEMENT IN THE COMPUTATION OF AVERAGE FINAL

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COMPENSATION FOR RETIREMENT PURPOSES; TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO EXPAND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE THE BROTHER, SISTER, OR GRANDPARENT OF AN EMPLOYEE OR AN EMPLOYEE'S SPOUSE; TO AMEND SECTION 59-123-60, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO MAKE CONTRACTS AND TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS; BY ADDING SECTION 9-1-1795 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED CERTIFIED TEACHER WHO IS EMPLOYED BY A SCHOOL DISTRICT TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A CRITICAL ACADEMIC OR GEOGRAPHIC NEED AREA AS DEFINED BY THE STATE BOARD OF EDUCATION, AND TO PROVIDE A PROCEDURE BY WHICH A RETIRED TEACHER MAY BE EMPLOYED; 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"; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE GENERAL PROVISIONS CONCERNING THE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-480 SO AS TO AUTHORIZE THE BOARD TO HIRE CONSULTANTS OR A MANAGEMENT FIRM TO ASSIST IN THE ADMINISTRATION OF THE UNEMPLOYMENT COMPENSATION PROGRAM FOR STATE EMPLOYEES, TO AUTHORIZE THE BOARD TO TRANSFER FUNDS FOR THIS PURPOSE, AND TO REQUIRE THE BOARD TO ANNUALLY REPORT TO THE GENERAL ASSEMBLY ON THE PAYMENTS TO THE CONSULTANTS OR MANAGEMENT FIRM; TO AMEND

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SECTION 56-3-840, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSING PENALTY FEES, SO AS TO INCREASE THE PENALTY FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE, AND TO AUTHORIZE THE RETENTION OF ADDITIONAL MONIES COLLECTED FOR THE PURPOSE OF PROVIDING A BUILDING FUND FOR THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 1-11-720, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 12-4-320, AS AMENDED, RELATING TO PERMISSIVE POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR THE PRESCRIPTION OF TEMPORARY RULES IN THE EVENT OF DAMAGE CAUSED BY WAR, TERRORISM, OR NATURAL DISASTER OR HAZARDOUS MILITARY DUTY; TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT

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MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL PROMULGATE REGULATIONS ADDRESSING CRITERIA FOR DESIGNATING LAND AS CERTIFIED MANAGEMENT AREA FOR ENDANGERED SPECIES OR SPECIES IN NEED OF PROTECTION TO QUALIFY FOR THE CREDIT ALLOWED BY THIS SECTION AND ALLOW PERIODIC REVIEW OF THE POPULATIONS OF SPECIES AND CRITERIA FOR CERTIFIED MANAGEMENT AREAS; BY ADDING SECTION 59-139-11 SO AS TO PROVIDE THAT A SCHOOL ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MAY SUBSTITUTE THE SACS PLAN FOR THE COMPREHENSIVE PLAN AND ANNUAL UPDATES REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND EDUCATION ACCOUNTABILITY ACT, AND PROVIDE THAT THE REVIEW CYCLE OF A DISTRICT MAY BE ADJUSTED TO COINCIDE WITH THE SACS REVIEW CYCLE OF ITS SCHOOLS; BY ADDING SECTION 17-25-137 SO AS TO PROVIDE THAT A COURT THAT IMPOSES AN ALTERNATIVE SENTENCE UPON A DEFENDANT IS NOT LIABLE FOR ANY INJURIES SUSTAINED BY THE DEFENDANT WHILE THE DEFENDANT COMPLETES HIS SENTENCE; BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO A TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY ISSUED A CITATION FOR DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE TAKEN INTO CUSTODY IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE TRAFFIC VIOLATION; TO AMEND SECTION 60-11-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE

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UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION; TO AMEND SECTION 50-21-136, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT AT THE TIME A PERSON SURRENDERS A DRIVER'S LICENSE TO A CLERK OF COURT OR MAGISTRATE, HE ALSO MAY PAY THE FEE REQUIRED TO HAVE HIS DRIVER'S LICENSE REINSTATED; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE REINSTATEMENT FEE MAY BE PAID TO THE CLERK OF COURT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-420, 20-7-1315, AS AMENDED, AND 20-7-1440, AS AMENDED, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, AS AMENDED, 20-3-235, 20-7-853, 20-7-854, AND 20-7-949, 20-7-957, 44-7-77, 44-63-75, ALL AS AMENDED, AND 43-5-595 AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, AS AMENDED, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO DEFINE "DIRECTOR" AND TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND

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20-7-945, AS AMENDED, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS AND TO REQUIRE THE COURT TO FILE AN AGREEMENT ESTABLISHING AN ARREARAGE PAYMENT SCHEDULE WHICH THEN HAS THE FORCE AND EFFECT OF LAW; TO AMEND SECTION 20-7-1130, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, AS AMENDED, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER ESTABLISHED LOCAL PROCEDURES, AND TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 43-5-585, AS AMENDED, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN AN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS; AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH AND OPERATE THE CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY FINE FOR DUMPING LITTER OR SOLID WASTE IN AN AMOUNT LESS THAN FIFTEEN POUNDS IN WEIGHT OR TWENTY-SEVEN CUBIC FEET IN VOLUME AND FOR THE DEPOSIT OF A COLLECTION OF LITTER OR GARBAGE IN AN AREA OR FACILITY NOT INTENDED FOR PUBLIC DEPOSIT OR GARBAGE, AND TO PROVIDE THAT A PORTION OF THE FINE MUST BE DEPOSITED IN THE STATE'S GENERAL FUND AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL CAMPAIGN; TO PROVIDE THAT IF A

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FAILURE OF A COMPUTER, SOFTWARE PROGRAM, OR OTHER RELATED COMPUTER DEVICE RESULTING FROM A "YEAR 2000" DATE CHANGE CAUSES A NOTICE OR BILLS, ISSUED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, TO BE MAILED OR FORWARDED LATE OR UNTIMELY PROVIDED TO A TAXPAYER, THE TAXPAYER MAY NOT BE PENALIZED OR ASSESSED ANY PENALTIES OR INTEREST FOR MAKING A LATE PAYMENT; BY ADDING SECTION 12-37-2735 SO AS TO PROVIDE FOR A PERSONAL PROPERTY TAX RELIEF FUND OF NOT MORE THAN NOR LESS THAN TWENTY MILLION DOLLARS FOR A FISCAL YEAR TO REDUCE AD VALOREM TAX ON PERSONAL MOTOR VEHICLES, TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUES OF THE FUND, AND TO REQUIRE THE AMOUNTS DISTRIBUTED TO BE USED TO REDUCE PROPERTY TAXES ON PERSONAL MOTOR VEHICLES; AND TO APPROPRIATE SURPLUS REVENUES FOR THE OPERATION OF STATE GOVERNMENT AND PROVIDE FOR THE EXPENDITURE OF THESE SURPLUS REVENUES.

(R201, H. 3697 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.

(R202, H. 3698 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; AND TO PROVIDE THAT THE VERSION OF SECTION 12-37-223 AS ADDED BY THIS ENACTMENT IS DEEMED THE LATEST ENACTMENT OF THIS SECTION DURING THE 1999 LEGISLATIVE SESSION.

(R203, H. 3759 (Word version)) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers,


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Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: AN ACT TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.

(R204, H. 3833 (Word version)) -- Rep. Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE CERTAIN REAL PROPERTY HELD BY CHARITABLE TRUSTS AND FOUNDATIONS FOR HISTORIC PRESERVATION OF FORTS AND BATTLEGROUNDS.

(R205, H. 3904 (Word version)) -- Rep. Lanford: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH


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INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

(R206, H. 3963 (Word version)) -- Rep. Quinn: AN ACT TO PROVIDE FOR AN EQUIVALENT MILLAGE CALCULATION TO BE USED TO COMPUTE AD VALOREM PROPERTY TAXES IN TAXING DISTRICTS LOCATED IN RICHLAND-LEXINGTON SCHOOL DISTRICT 5 IN WHICH PROPERTY TAX EQUALIZATION AND REASSESSMENT IS OCCURRING, AND TO PROVIDE FOR THE MANNER IN WHICH THE EQUIVALENT MILLAGE SHALL BE


Printed Page 4966 . . . . . Thursday, June 24, 1999

CALCULATED IN THESE TAXING DISTRICTS FOR PURPOSES OF THE TRUST FUND FOR TAX RELIEF.

(R207, H. 4000 (Word version)) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: AN ACT TO DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS FOR PURSUING STATEWIDE WAIVERS FOR THE SIX FEDERAL EDUCATION PROGRAMS AND ESTABLISHING A STATE EDUCATION FLEXIBLITY PROGRAM AND REPORT NO LATER THAN DECEMBER 1, 1999, TO THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE.

(R208, H. 4087 (Word version)) -- Rep. Wilder: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE A MAP REFERENCE ON WHICH THESE PRECINCTS ARE DELINEATED, CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY WITH THE APPROVAL OF THE LAURENS COUNTY LEGISLATIVE DELEGATION.

(R209, H. 4110 (Word version)) -- Rep. Campsen: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF


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WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117

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SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21, TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE

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DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE; TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE ON A CERTAIN PART OF LUCY POINT CREEK IN BEAUFORT COUNTY; BY AMENDING SECTION 50-21-136, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND SO AS TO FURTHER PROVIDE FOR NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON

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HEAD ISLAND; AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS TO DEFINE "WAKE" FOR PURPOSES OF ENFORCING "NO WAKE ZONE" LAWS IN THIS STATE.

(R210, H. 4196 (Word version)) -- Reps. Witherspoon, Barfield, Edge, Keegan, Kelley and Miller: AN ACT TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ESTABLISH THE ANNUAL COMPENSATION OF ITS MEMBERS AND CHAIRMAN AND PROVIDE WHEN THE SALARY PROVISION IS EFFECTIVE; AND 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.

(R211, H. 4204 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO EMPLOY FULL-TIME FIREMEN AND A FIRE CHIEF.

ADJOURNMENT

At 1:55 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned Sine Die in memory of Bessie Hare Beam of Chester.

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