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


Printed Page 2232 . . . . . Tuesday, April 27, 1999

Tuesday, April 27, 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:

Our Father God, at this the beginning of another work week here, we come in the full knowledge that we need Your help. We are as but broken reeds, lashed by winds that mock our boasting pride. Yours alone is the greatness and the power and the glory. Deepen within us the knowledge of Your never failing presence to bless us along the way. Send us forth to our waiting tasks, gratefully aware of our heritage worth living for and working for. Increase our faith that no weapon ever made will defeat it. Lord, keep us steadfast in our discipleship. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of Orr F. Thrasher of Easley, which was agreed to.

S. 27 -- COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

Columbia, S.C., April 22, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 27:
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO


Printed Page 2233 . . . . . Tuesday, April 27, 1999

ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. RHOAD, LOFTIS and WITHERSPOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2425
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-31-550
Textbook Adoption Regulation
Received by Speaker of the House of Representatives April 26, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration August 24, 1999
(Subject to Sine Die Revision)

Document No. 2427
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-24-80
Principal Induction Program
Received by Speaker of the House of Representatives April 26, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration August 24, 1999 (Subject to Sine Die Revision)


Printed Page 2234 . . . . . Tuesday, April 27, 1999

REPORTS OF STANDING COMMITTEE

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

H. 3218 (Word version) -- Rep. Miller: A BILL 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 APPLICATION FILED WITH A COUNTY OR MUNICIAPLITY, 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; 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; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE CONFIDENTIALITY PROVISIONS PROVIDED BY THIS ACT.
Ordered for consideration tomorrow.

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

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


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

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon and Lourie: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3977 (Word version) -- Reps. Wilkes, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney,


Printed Page 2236 . . . . . Tuesday, April 27, 1999

Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO OUR ASSISTANT CHIEF PAGE, WILLIAM PATRICK FRICK OF FAIRFIELD COUNTY, AND TO THANK HIM FOR HIS DEDICATED AND LOYAL SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR THE PAST FIVE YEARS.

Whereas, since February 15, 1994, William Frick has faithfully served as a Page to the members of the South Carolina House of Representatives. In order to devote more time and energy to his post-graduate studies, he will be leaving us on Friday, April 30, 1999; and

Whereas, William was appointed to the position of Assistant Chief Page of the House of Representatives on January 9, 1995, and has continued his excellent record of providing prompt and efficient services for the members of the House, Speaker, Speaker Pro Tempore, House committees, Clerk of the House, and to all the staff; and

Whereas, he was born in Sumter on March 31, 1975, and is the proud son of William Avery and Diane Frick now of Winnsboro, South Carolina; and

Whereas, William was the Valedictorian of the 1993 Senior Class of Fairfield Central High School and graduated Cum Laude from the University of South Carolina with a BA in International Studies, 1997; and


Printed Page 2237 . . . . . Tuesday, April 27, 1999

Whereas, William is presently pursuing a joint Law and Masters of International Business Degree and will graduate in May 2001; and

Whereas, William has received numerous awards and honors including: Student Government Senator for the University of South Carolina School of Law and serves as a member of the Senate Finance Committee; serves as the Legislative Council Representative for the Second-Year Class on the USC Law School Student Bar Association; and

Whereas, William Frick is well known and will be fondly remembered for his extremely pleasant personality, his unending patience, and his willingness to go the extra mile to assist others; and

Whereas, we want him to know he is our dear friend and that he has our very best wishes for happiness and success in all of his future endeavors; and

Whereas, the members of the South Carolina House of Representatives, by this resolution, would like to publicly recognize and commend this outstanding young man on this special occasion and for executing his duties as our Assistant Chief Page in a professional and dedicated manner. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives express gratitude and appreciation to their Assistant Chief Page, William Patrick Frick of Fairfield County, and to thank him for his dedicated and loyal service to the South Carolina House of Representatives for the past five years.

Be it further resolved that a copy of this resolution be presented to William Patrick Frick.

The Resolution was adopted.


Printed Page 2238 . . . . . Tuesday, April 27, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3979 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO COMMEND MONNIE AND EVELYN SINGLETON OF EHRHARDT FOR THEIR DEDICATION TO FAMILY AND FAMILY VALUES EXHIBITED OVER MANY YEARS WHILE RAISING A FAMILY OF NINE OUTSTANDING AND ACCOMPLISHED CHILDREN, AND TO CONGRATULATE THEM AND THE ENTIRE SINGLETON FAMILY ON THE OCCASION OF THE SINGLETON FAMILY BEING NAMED THE 1999 BLACK FAMILY OF THE YEAR BY THE THIRTEENTH ANNUAL NATIONAL BLACK FAMILY SUMMIT.
The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3980 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY OF MONNIE AND EVELYN SINGLETON OF EHRHARDT ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THE SINGLETON FAMILY BEING


Printed Page 2239 . . . . . Tuesday, April 27, 1999

NAMED THE 1999 BLACK FAMILY OF THE YEAR BY THE THIRTEENTH ANNUAL NATIONAL BLACK FAMILY SUMMIT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the family of Monnie and Evelyn Singleton of Ehrhardt on a date and time to be determined by the Speaker for the purpose of being recognized for the Singleton family being named the 1999 Black Family of the Year by the Thirteenth Annual National Black Family Summit.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.

Whereas, South Carolina suffers from the highest death rate from stroke and heart disease in the nation; and

Whereas, stroke and heart disease are major preventable killers in South Carolina; and

Whereas, the average South Carolinian lives two years less than the average American; and

Whereas, eastern South Carolina is known as the "Buckle of the Stroke Belt" because of the high occurrence of stroke in this area; and

Whereas, stroke is the leading cause of serious, long-term disability in both South Carolina and the United States; and


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Whereas, stroke and heart disease are South Carolina's leading killers, accounting for approximately fifty percent of all deaths in the State; and

Whereas, stroke, heart disease, and related complications are major causes of hospitalization, disability, and health care costs; and during 1997, $3,200,000,000 was spent for hospitalizations in South Carolina for the treatment of cardiovascular diseases, including stroke, heart failure and shock, coronary bypass, cardiac catheterization, heart transplant, and end stage renal disease; and

Whereas, stroke and heart disease cost the State of South Carolina countless millions of dollars in lost wages, rehabilitation costs, and lost economic opportunity; and

Whereas, widespread risk factors for developing heart disease and stroke, uncontrolled high blood pressure, high cholesterol, physical inactivity, obesity, smoking, atrial fibrillation, and diabetes all can be reduced and/or prevented; and

Whereas, it is the public policy of this State to prevent unnecessary mortality, morbidity, cost, and needless suffering from stroke and heart disease wherever possible; and

Whereas, the South Carolina General Assembly recognizes that prevention of stroke and heart disease is a matter of both state and local policy and of public concern and that involving professionals from multiple disciplines and persons from multiple sectors of society can increase the understanding of the causes of and methods for preventing the heart disease and stroke burden to the citizens of South Carolina; and

Whereas, increased awareness of the causes, signs, and symptoms of these diseases is essential to prevention and treatment; and

Whereas, a coordinated, comprehensive, planned joint public and private effort is needed to achieve the prevention and awareness of this unnecessary burden from stroke and heart disease in South Carolina; and


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Whereas, a coordinated, comprehensive, long-term statewide effort to reduce risk factors in all population groups can markedly reduce the continuing toll of stroke and heart disease in South Carolina. Now, therefore,

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

That, by this resolution, the General Assembly of the State of South Carolina declares the month of May, 1999, as Stroke Awareness Month in South Carolina and urges all citizens to educate themselves regarding the risk factors for stroke and heart disease and to recognize the signs and symptoms of these conditions.

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

INTRODUCTION OF BILLS

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

H. 3981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT BY ADDING SECTION 50-21-180 RELATING TO PUBLIC ACCESS TO STATE WATERS SO AS TO PROVIDE THAT IT IS THE RESPONSIBILITY OF THE DEPARTMENT OF NATURAL RESOURCES TO COORDINATE WITH COUNTY LEGISLATIVE DELEGATIONS TO PROVIDE ADEQUATE AND SAFE PUBLIC BOATING ACCESS TO STATE WATERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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


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DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

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

S. 729 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.
Referred to Committee on Laurens Delegation

S. 741 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADE 11 (REPEAL),


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DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 743 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 744 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO READING, WRITING, AND MATHEMATICS OBJECTIVES FOR GRADES 1-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 745 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

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

H. 3982 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF


Printed Page 2244 . . . . . Tuesday, April 27, 1999

ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 12:00 noon, on Wednesday, May 12, 1999, for the purpose of electing members of the Boards of Trustees of The Citadel, Coastal Carolina University, Lander University, South Carolina State University, the Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 1999 or whose positions otherwise must be filled.

(2)   That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3983 (Word version) -- Reps. Phillips, McCraw, Littlejohn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts,


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Koon, Lanford, Law, Leach, Lee, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF THE HONORABLE NEWTON CHARLES TAYLOR, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM CHEROKEE COUNTY.

Whereas, the members of the General Assembly were saddened to learn of the death of Newton C. Taylor of Gaffney, on April 21, 1999, at the age of seventy-eight; and

Whereas, born in Gaffney on August 29, 1920, he was the son of the late Lewis A. and Venia McDaniel Taylor; and

Whereas, he graduated from Cowpens High School and took further business courses in the 1950's; and

Whereas, Mr. Taylor's occupation was manufacturing mattresses, and he was a co-owner of the Sleep-Easy Mattress Company; and

Whereas, Mr. Taylor served his country with honor with his military service; in World War II he was a member of Company B of the 337th Infantry, 85th Division from October 1942 until October 1945; and

Whereas, on March 17, 1946, Newton C. Taylor married Mary Pettit Blanton of Gaffney, who survives him; of this fifty-three year-long blessed union were born two children, Steve of Gaffney and Mary Martha Carter of Goose Creek and now, two grandchildren; and

Whereas, in addition to leaving his wife of the home, children, and grandchildren, Mr. Taylor is survived by two brothers, Cecil of Charlotte and Carroll of Prescott, Minnesota, and four sisters, Vera Taylor of Shelby, North Carolina, Katherine Barnette of Spartanburg,


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Kaye Bramlett of Valdese, North Carolina, and Becky Scruggs of Gaffney; and

Whereas, he was a member of the First Baptist Church of Gaffney and in fact, the Howard Sunday School Class served as his honorary pallbearers; and

Whereas, Mr. Taylor was a very active member in his community; he was a member of the Masons, Lions Club, Veterans of Foreign Wars, and the American Legion, and he was a Shriner; and

Whereas, public service held its attraction to Mr. Taylor also, as he served with distinction in the House of Representatives from 1955-56 and 1967-70; and

Whereas, Newton C. Taylor's death represents a tremendous loss to Gaffney, Cherokee County, and the State of South Carolina, and we want the members of his family and many friends to know that they are in our thoughts and prayers during this difficult time. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina extend their deepest sympathy to the family and many friends of the Honorable Newton C. Taylor, former member of the South Carolina House of Representatives from Cherokee County.

Be it further resolved that a copy of this resolution be forwarded to the family of the Honorable Newton C. Taylor.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3984 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH FIFTH AVENUE BETWEEN MAIN STREET AND HAMPTON STREET IN THE TOWN OF


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DILLON, IN HONOR OF JUDGE MARION HARDY "SON" KINON AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3985 (Word version) -- Reps. Hayes and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BILLY G. BAKER OF BERKELY COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIGH SCHOOL ATHLETICS AS EDITOR AND PUBLISHER OF HIGH SCHOOL SPORTS REPORT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Hawkins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.

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McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Scott
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 27.

Ralph Canty                       Daniel Cooper
Ralph Davenport                   Fletcher Smith
Grady Brown                       Alex Harvin
Steve Lanford                     David Mack
Anne Parks                        Clementa Pinckney
Richard Quinn                     W.E. "Bill" Sandifer
Lynn Seithel                      Theodore	Brown
Teddy Trotter                     Jackson Whipper
Timothy Wilkes

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. PINCKNEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 22.


Printed Page 2249 . . . . . Tuesday, April 27, 1999

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:     ADD:
04/27/99   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3909 (Word version)
Date:     ADD:
04/27/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3745 (Word version)
Date:     ADD:
04/27/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:     ADD:
04/27/99   WALKER


Printed Page 2250 . . . . . Tuesday, April 27, 1999

SPECIAL PRESENTATION

Rep. WALKER presented to the House the superintendent, principal and teachers of O. P. Earle Elementary School in Landrum for its awards and accolades by the State Department of Education and the International Reading Association.

STATEMENT BY REP. STUART

Rep. STUART thanked the House members for their prayers and thoughtfulness at the death of her husband.

ORDERED TO THIRD READING

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

H. 3946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
Rep. LAW explained the Bill.

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 2251 . . . . . Tuesday, April 27, 1999

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; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND 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.
Rep. CAMPSEN explained the Bill.

H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
Rep. JENNINGS explained the Bill.

H. 3779 -- DEBATE ADJOURNED

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

H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO


Printed Page 2252 . . . . . Tuesday, April 27, 1999

AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.

H. 3403 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.

Reps. HARRISON and COTTY proposed the following Amendment No. 2 (Doc Name BBM\AMEND\9275SOM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 34-31-20(B) of the 1976 Code is amended to read:

"(B)   All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen ten percent per annum a year."
SECTION   2.   This act takes effect January 1, 2000, and applies with respect to interest calculated pursuant to Section 34-31-20(B) of the 1976 Code that first attaches on or after that date. /
Amend title to conform.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9250SOM99), which was tabled.


Printed Page 2253 . . . . . Tuesday, April 27, 1999

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Section 34-31-20 of the 1976 Code is amended to read:

"Section 34-31-20.   (A)   In all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.

(B)   All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen ten percent per annum a year."
Amend title to conform.

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

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

H. 3404 -- REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
Rep. FLEMING explained the Bill.

Reps. VAUGHN, LEACH, LOFTIS, DAVENPORT, HAMILTON, FLEMING, WHIPPER, CLYBURN and SCOTT requested debate on the Bill.


Printed Page 2254 . . . . . Tuesday, April 27, 1999

H. 3361 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3361 (Word version) -- Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11310JM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 62-3-907 of the 1976 Code, as amended by Section 42 of Act 171 of 1987, is further amended to read:
"Section 62-3-907.   (A)   If distribution in kind (whether real or personal property) is made, the personal representative shall execute an a instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property. indicating that the estate's administration over the asset or assets described in the deed of distribution has been completed and that the distributee's title to the asset, or assets, as prescribed and transferred by the last will and testament or the statute of descent and distribution is confirmed without further obligation to the estate.

(B)   The deed of distribution must be examined by the probate judge prior to recording to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on the form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed. No deed of distribution shall be recorded without the seal.

(C)   When the administration of an estate is completed and the estate is closed, the failure of a personal representative to have given a deed of distribution constitutes a breach of his duties but does not affect the validity of the administration since title to any asset in the probated


Printed Page 2255 . . . . . Tuesday, April 27, 1999

estate passes according to Section 62-3-101 and not by the deed of distribution."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Reps. COTTY and CAMPSEN proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11346JM99), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 62-3-907(B), as contained in SECTION 1, pages [3361-1] and [3361-2], and inserting:

/(B)   Prior to recording the deed of distribution:

(1)   the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on the Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or

(2)   the deed of distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on the Form 300PC. /
Amend title to conform.

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

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

H. 3632 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3632 (Word version) -- Reps. Loftis, Harvin, Kelley, Barfield, Haskins, Keegan, Leach, Sandifer and Witherspoon: A BILL TO AMEND SECTION


Printed Page 2256 . . . . . Tuesday, April 27, 1999

16-23-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXCLUDE SEMI-AUTOMATIC PISTOLS, RIFLES, AND SHOTGUNS FROM THE DEFINITION OF "MILITARY FIREARM".

The JUDICIARY COMMITTEE proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20576DJC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 16-23-210(g) of the 1976 Code, as added by Act 564 of 1990, is amended to read:

"(g)   'Military firearm' means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government except a pistol, rifle, or shotgun that fires only one shot for each pull of the trigger."
SECTION   2.   Section 23-31-310(g) of the 1976 Code, as added by Act 564 of 1990, is amended to read:

"(g)   'Military firearm' means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government except a pistol, rifle, or shotgun that fires only one shot for each pull of the trigger."
SECTION 3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 328 -- ORDERED TO THIRD READING

The following Bill was taken up:

S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE


Printed Page 2257 . . . . . Tuesday, April 27, 1999

PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
Rep. CAMPSEN explained the Bill.

The Bill was read the second time and ordered to third reading by a division vote of 40 to 12.

H. 3759 -- INTERRUPTED DEBATE

The following Bill was taken up:

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

Rep. DAVENPORT moved to adjourn debate on the Bill.
Rep. HARRISON moved to table the motion, which was agreed to.


Printed Page 2258 . . . . . Tuesday, April 27, 1999

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9257SOM99):
Amend the bill, as and if amended, in SECTION 1 by striking items (3) and (4) of Section 15-3-230 and inserting:

/ (3)   'Economic loss' means any damage for breach of contract, breach of warranty, or entitlement to a public benefit recognized under South Carolina law.

(4)   'Person' means any individual, corporation, partnership, or other private entity capable under South Carolina law of entering into a contract as defined in item (2) of this section. /
Amend the bill further in SECTION 1 by striking subsection (A) of Section 15-3-230 and inserting:

/(A)   A person in privity of contract with another person may recover on any claims against the other as a result of a Year 2000 problem only economic loss as well as reasonable attorney's fees and costs, provided that:

(1)   the claim is not one for personal injury to an individual; or

(2)   the person defending the claim did not act with fraudulent intent or reckless disregard for the truth in the formation of the contract; or

(3)   no fiduciary duty recognized by law is owed by the person defending the claim to the person bringing the claim. /

Amend the bill further in SECTION 1 by striking Section 15-3-250 and inserting:

/ "Section 15-3-250.   This article does not affect nor apply to any claim pending before approval of the act by the Governor." /
amend the bill further in SECTION 1, by adding:

/ "Section 15-3-255.   This article may not be construed to affect, abrogate, amend, or alter any enumerated rights, limitation of remedies, exclusion of damages, or any other provision of an existing contract enforceable as to a Year 2000 problem." /
Amend title to conform.
Rep. COTTY explained the amendment.

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

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2259 . . . . . Tuesday, April 27, 1999

H. 3759 -- AMENDED AND ORDERED TO THIRD READING

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

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9257SOM99), which was adopted.
Amend the bill, as and if amended, in SECTION 1 by striking items (3) and (4) of Section 15-3-230 and inserting:

/ (3)   'Economic loss' means any damage for breach of contract, breach of warranty, or entitlement to a public benefit recognized under South Carolina law.

(4)   'Person' means any individual, corporation, partnership, or other private entity capable under South Carolina law of entering into a contract as defined in item (2) of this section. /
Amend the bill further in SECTION 1 by striking subsection (A) of Section 15-3-230 and inserting:


Printed Page 2260 . . . . . Tuesday, April 27, 1999

/(A)   A person in privity of contract with another person may recover on any claims against the other as a result of a Year 2000 problem only economic loss as well as reasonable attorney's fees and costs, provided that:

(1)   the claim is not one for personal injury to an individual; or

(2)   the person defending the claim did not act with fraudulent intent or reckless disregard for the truth in the formation of the contract; or

(3)   no fiduciary duty recognized by law is owed by the person defending the claim to the person bringing the claim. /
Amend the bill further in SECTION 1 by striking Section 15-3-250 and inserting:

/ "Section 15-3-250.   This article does not affect nor apply to any claim pending before approval of the act by the Governor." /
amend the bill further in SECTION 1, by adding:

/ "Section 15-3-255.   This article may not be construed to affect, abrogate, amend, or alter any enumerated rights, limitation of remedies, exclusion of damages, or any other provision of an existing contract enforceable as to a Year 2000 problem." /
Amend title to conform.

Rep. COTTY continued speaking.
The amendment was then adopted.

Reps. HARRISON, WILKINS and COTTY proposed the following Amendment No. 2 (Doc Name \BBM\AMEND\9264SOM99), which was adopted.
Amend the bill, as and if amended, SECTION 1, by striking Section 15-3-255 and inserting:

/ "Section 15-3-255.   This article may not be construed to affect, abrogate, amend, or alter any enumerated rights, limitation of remedies, exclusion of damages, or any other provision of a contract." /
Amend title to conform.

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

Rep. HARRISON proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9282SOM99), which was adopted.
Amend the Judiciary Committee Amendment No. 1, Document No. BBM/Amend/9257SOM99, by striking /Section 15-3-230/ on page


Printed Page 2261 . . . . . Tuesday, April 27, 1999

(3759-1), line 35 and on page (3759-2), line 2 and inserting / Section 15-3-240 /

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

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

ORDERED TO THIRD READING

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

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

H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.
Rep. SHARPE explained the Bill.

H. 3235-- DEBATE ADJOURNED

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

H. 3235 (Word version) -- Reps. J. Brown, R. Smith, Gilham, Lourie and Emory: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, SO AS TO ENACT THE SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT BY ADDING SECTIONS 44-61-160 AND


Printed Page 2262 . . . . . Tuesday, April 27, 1999

44-61-170, WHICH REQUIRE CERTAIN TRAINING FOR DESIGNATED USERS OF A DEFIBRILLATOR, NOTIFICATION OF POSSESSION OF A DEFIBRILLATOR WITH THE EMERGENCY MEDICAL SERVICES SYSTEM, AND ACTIVATION OF THE EMERGENCY MEDICAL SERVICES SYSTEM IN AN EMERGENCY SITUATION WHERE A DEFIBRILLATOR IS USED, AND WHICH PROVIDE IMMUNITY TO THOSE ACTING IN GOOD FAITH AND IN ACCORDANCE WITH THIS ACT; AND TO AMEND SECTION 44-61-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO EMERGENCY MEDICAL SERVICES, SO AS TO DEFINE "AUTOMATED EXTERNAL DEFIBRILLATOR" AND "AED".

H. 3705 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22313CM99), which was adopted.
Amend the bill, as and if amended, Section 25-11-40(B), as contained in SECTION 1, by deleting / two four / and inserting / two / on line 3, page 2.
Amend title to conform.

Rep. KIRSH explained the amendment.
Rep. BREELAND moved to table the amendment.


Printed Page 2263 . . . . . Tuesday, April 27, 1999

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

Yeas 23; Nays 80

Those who voted in the affirmative are:

Bales                  Breeland               Brown J.
Clyburn                Dantzler               Emory
Gourdine               Govan                  Harvin
Hayes                  Hines J.               Hines M.
Inabinett              Lloyd                  Lourie
Mack                   Mason                  Moody-Lawrence
Parks                  Rutherford             Scott
Smith R.               Whipper

Total--23

Those who voted in the negative are:

Allen                  Allison                Bailey
Barrett                Battle                 Beck
Bowers                 Brown G.               Brown H.
Campsen                Carnell                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harrison
Hinson                 Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  McKay
McLeod W.              Meacham                Miller
Neilson                Ott                    Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sheheen                Simrill
Smith D.               Smith J.               Stille
Stuart                 Taylor                 Tripp
Trotter                Vaughn                 Walker

Printed Page 2264 . . . . . Tuesday, April 27, 1999

Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

So, the House refused to table the amendment.

Rep. KIRSH spoke in favor of the amendment.
Rep. BREELAND spoke against the amendment.
The amendment was then adopted.

Rep. BREELAND explained the Bill.

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

STATEMENT FOR THE JOURNAL

Re: House Bill 3704-Relating to County Veterans Affairs Officers

I would like the House Journal to reflect that I do not support the passage of H. 3705 relating to County Veterans Affairs Officers. While I agree and support the training and education requirements, I do not support the principle that the County Veterans Affairs Officer must be a military veteran who served on active duty for more than one hundred and eighty (180) days.

Rep. WALTON J. MCLEOD

Rep. CATO moved that the House recede until 2:30 P.M., which was agreed to.

THE HOUSE RESUMES

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

POINT OF QUORUM

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


Printed Page 2265 . . . . . Tuesday, April 27, 1999

ORDERED TO THIRD READING

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

S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Rep. CATO explained the Bill.

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

H. 3909 (Word version) -- Reps. Lucas and Neilson: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
Rep. WITHERSPOON explained the Bill.

H. 3393 -- POINT OF ORDER

The following Bill was taken up:

H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.


Printed Page 2266 . . . . . Tuesday, April 27, 1999

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20600DJC99):
Amend the bill, as and if amended, by striking Section 50-23-295 and inserting:
/   Section 50-23-295.   A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WITHERSPOON explained the amendment.

POINT OF ORDER

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

S. 358 -- POINT OF ORDER

The following Bill was taken up:

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

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 2267 . . . . . Tuesday, April 27, 1999

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 379 -- REQUESTS FOR DEBATE

The following Bill was taken up:

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

Reps. SANDIFER, YOUNG-BRICKELL, COBB-HUNTER, COOPER, LOURIE, W. MCLEOD, BARRETT, SCOTT, HAYES, BAILEY, BARFIELD, KELLEY, LAW, H. BROWN, HINSON, MCGEE, TRIPP, HARRELL, RISER, MACK and CATO requested debate on the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

H. 3888 -- RECALLED FROM COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:

H. 3888 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS,


Printed Page 2268 . . . . . Tuesday, April 27, 1999

PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR

Printed Page 2269 . . . . . Tuesday, April 27, 1999

IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall H. 3374 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. COBB-HUNTER objected.

OBJECTION TO RECALL

Rep. QUINN asked unanimous consent to recall H. 3396 (Word version) from the Committee on Ways and Means.
Rep. STUART objected.

S. 728 -- RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. WILDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

S. 728 (Word version) -- Medical Affairs: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".

H. 3579 --POINT OF ORDER

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

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

POINT OF ORDER

Rep. WALKER made the Point of Order that the Senate Amendments were improperly before the House for consideration since


Printed Page 2270 . . . . . Tuesday, April 27, 1999

its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3445 -- POINT OF ORDER

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

H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS.

POINT OF ORDER

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

S. 252 -- DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.
Rep. J. BROWN moved to adjourn debate on the Concurrent Resolution, which was agreed to.


Printed Page 2271 . . . . . Tuesday, April 27, 1999

S. 656 -- DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 656 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby, Rankin and Ravenel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.
Rep. RICE moved to adjourn debate on the Concurrent Resolution, which was agreed to.

S. 307 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 307 (Word version) -- Senator Lander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 BYPASS IN NEWBERRY COUNTY FROM U. S. HIGHWAY 76 (WILSON ROAD) TO SOUTH CAROLINA HIGHWAY 121 (KENDALL ROAD) AS "BOB LAKE BOULEVARD" IN HONOR OF THE HONORABLE ROBERT C. LAKE, JR., WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS A STATE SENATOR IN THE SOUTH CAROLINA SENATE FOR SIXTEEN YEARS AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS VICE CHAIR AND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AS A TRUSTEE OF WINTHROP UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Whereas, the Honorable Robert Campbell Lake, Jr., was born on December 27, 1925 at Whitmire, Newberry County, to Robert C. Lake and Susan Gaston Howze Lake; and

Whereas, Robert C. (Bob) Lake, Jr., is a 1949 graduate of the University of South Carolina School of Law; and

Whereas, his first marriage, on July 5, 1955, was to the late Carolyn Young Gray of Whitmire, and they were the parents of three children,


Printed Page 2272 . . . . . Tuesday, April 27, 1999

Linda, who died in 1973, Robert C. Lake III, and Samuel Young Lake; and

Whereas, on March 8, 1992, he married Mary Ann DuBose Douglas of Belton, South Carolina; and

Whereas, Bob Lake commenced the practice of law in 1949 in Whitmire as a member of the Newberry County Bar and thereupon began a distinguished career dedicated to community and public service; and

Whereas, he served as President of the Whitmire Jaycees in 1953; as President of the Newberry County Development Board in 1965-67; as a Board Member of the Jesse Frank Hawkins Nursing Home, Newberry; as a Board Member of the Newberry County United Way; as a Board Member of State Savings and Loan Association, Newberry; as an Advisory Board Member of Bankers Trust of South Carolina - Whitmire Office; and as Potentate of Hejaz Temple, Greenville, in 1972; and

Whereas, Bob Lake was elected to the South Carolina Senate in November, 1968, and served with great distinction for a period of sixteen years until November of 1984; during his service as a Senator, he was Chair of the Senate Ethics Committee and also Vice Chair of the Joint Appropriations Review Committee; and
Whereas, Senator Lake was a progressive and highly effective political leader for Newberry County and provided enlightened leadership to the county government, the public schools, the recruitment of new industry, and the establishment of Dreher Island State Park at Lake Murray; and

Whereas, Senator Lake has been a guiding spirit and operative force in higher education in South Carolina, currently serving as Vice Chair and as a Member of the Board of Trustees of the Medical University of South Carolina, and also having served as a Trustee of Winthrop University; and

Whereas, it is fitting and proper that the portion of South Carolina Highway 34 Bypass in Newberry County from U. S. Highway 76 (Wilson Road) to South Carolina Highway 121 (Kendall Road) be


Printed Page 2273 . . . . . Tuesday, April 27, 1999

named "Bob Lake Boulevard" in honor of this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the portion of South Carolina Highway 34 Bypass in Newberry County from U. S. Highway 76 (Wilson Road) to South Carolina Highway 121 (Kendall Road) as "Bob Lake Boulevard" in honor of the Honorable Robert C. Lake, Jr., who has served with distinction as a State Senator representing Newberry County, as Vice Chair of the Board of Trustees of the Medical University of South Carolina, and as a Trustee of Winthrop University and to erect appropriate signs or markers reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert C. Lake, Jr., and to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 21 -- RECOMMITTED

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

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

Rep. SHARPE moved to recommit the Bill.
Rep. SIMRILL moved to table the motion.


Printed Page 2274 . . . . . Tuesday, April 27, 1999

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The House refused to table the motion by a division vote of 13 to 46.

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

LEAVE OF ABSENCE

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

H. 3617 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Rodgers, Riser, Miller, Breeland, Campsen, Beck, Altman, Seithel, M. McLeod, Harrell, Ott, Cobb-Hunter, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR


Printed Page 2275 . . . . . Tuesday, April 27, 1999

INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.

The AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20459DJC99), which was adopted.
Amend the bill, as and if amended, by striking Section 50-5-15(1), page 3 lines 4 through 7 and inserting:

/Section 50-5-15.   As used in this chapter except as specified in Article 19:

(1)   'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass. /


Printed Page 2276 . . . . . Tuesday, April 27, 1999

Amend the bill, as and if amended, in Section 50-5-25(D) of the 1976 Code as contained in SECTION 1, page 9, line 14, by striking /Marine Resources Division/; when amended Section 50-5-25(D) shall read:

"(D)   Proceeds from sales of experimental mariculture products produced by the department shall be deposited in the state general fund to the credit of the Mariculture Research and Development Fund, of the department, to further encourage and promote development of the mariculture industry of this State by supporting operational research and development projects of the division and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund shall be carried forward annually and used for the same purpose."
Amend the bill further, as and if amended, page 10, lines 9 through 13, by striking Section 50-5-35(A) and inserting:

/   (A)   In opening or closing any commercial fishing season pursuant to this chapter, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public./
Amend the bill further, as and if amended, in Section 50-5-40, page 10, beginning on line 32 by striking /The department may authorize persons or organizations to develop and undertake programs to tag or mark and release saltwater fish. /; When amended Section 50-5-40 shall read:

"Section 50-5-40.   The department shall enforce all laws for collection of revenues due the State from the fishing industries and leases of bottoms.

Proceeds from sales of experimental mariculture products produced at the James M. Waddell, Jr. Mariculture Research and Development Center shall be deposited in the State Treasury to the credit of the Mariculture Research and Development Fund, Marine Resources Division of the department, to further encourage and promote development of the mariculture industry of South Carolina by supporting operational research and development projects of the Research Center and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund may be carried forward annually and used for the same purpose. No person may tag or mark and release saltwater fish or promote such activity unless authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."


Printed Page 2277 . . . . . Tuesday, April 27, 1999

Amend the bill, as an if amended, in Section 50-5-45(A), on line 43 of page 10 by striking /actual or potential/ and by striking on page 11, line 1, /any living saltwater/; when amended Section 50-5-45(A) shall read:

"(A)   The department shall maintain and publish a list of any species, varieties, or strains of nonindigenous organisms known or suspected to present an adverse impact to fish or marine resources of this State. The list shall include the common and scientific name and the actual or potential adverse impact of each organism."
Amend the bill further, as and if amended, page 12, beginning on line 37, by striking Section 50-5-65(F) and inserting:

/(F)   Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter may constitute a separate offense./
Amend the bill further, as and if amended, page 14, beginning on line 22, by striking Section 50-5-85 and inserting:

/Section 50-5-85.   (A)   The General Trawling Zone consists of the following subzones:

(1)   The Northern Subzone: from the North Carolina-South Carolina boundary at Little River and its projection to the seawardmost territorial sea limit; to a southern boundary beginning at a point on the southern end of Cedar Island at latitude 033o 7.2' N and longitude 079o 16.3' W, extending seaward in a southeasterly direction (135o true) to the seawardmost territorial sea limit.

(2)   The Central Subzone: from the southernmost boundary of the northern subzone extending to a line beginning at the southern tip of Edisto Island at latitude 032o 28.6'N, longitude 080o 20.2'W, extending seaward in a southeasterly direction (135 true) to the seawardmost territorial sea limit.

(3)   The Southern Subzone: from the southernmost boundary of the central subzone to the South Carolina-Georgia boundary and the seaward extension of the boundary to the seawardmost territorial sea limit.

(B)   The department may prohibit or allow trawling or other commercial fishing activity in any subzone or specified area therein, in or out of season./
Amend the bill, as and if amended, in Section 50-5-110, page 16, line 33, after /and/ by inserting /must have his/. When amended Section 50-5-110 shall read:

"Section 50-5-110.   The department may adopt and promulgate rules and regulations for the government of the force under its control and


Printed Page 2278 . . . . . Tuesday, April 27, 1999

for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law, and may provide penalties for violation thereof not to exceed forfeiture of license or privilege previously granted by the Division. It is unlawful to use poison, an explosive, or a bang stick or similar device in state waters to take marine resources. A person who violates this section by use of poison or an explosive other than a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section by use of a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months."
Amend the bill further, as and if amended, in Section 50-5-120, page 17, line 15, by striking /and crew members/ and inserting /or crew members or both/. When amended Section 50-5-120 shall read:

"Section 50-5-120.   The records and documents in the office of the department shall include:

(1)   A record of leases granted for bottoms for the propagation of shellfish and the subsequent changes of ownership thereof;

(2)   The particulars and amounts of all licenses and permits of every kind issued;

(3)   A tabulated record of the quantity of each kind of fish taken in the waters of the State, the commercial value thereof, the amount exported and the amount consumed within the State;

(4)   The number of persons engaged in the various branches of the fishing industries and their approximate earnings;

(5)   Any other matter which to it may appear advisable.

The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, law enforcement officers, or U.S. Coast Guard personnel. The operator or crew members, or both, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."
Amend the bill further, as and if amended, page 17, by striking Section 50-5-300(A), lines 34 through 38 and inserting:


Printed Page 2279 . . . . . Tuesday, April 27, 1999

/Section 50-5-300.   (A)   For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article./
Amend the bill further, as and if amended, by striking Section 50-5-310, page 18, lines 22 through 28 and inserting:

/Section 50-5-310.   (A)   For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article.

(B)   To act as a striker, a nonresident need not acquire a commercial saltwater fishing license./
Amend the bill further, as and if amended, in Section 50-5-325(A)(1) as contained in SECTION 2, page 19, line 10, by striking / trawls and/ and inserting /trawls, /. When amended item (1) of subsection(A) of Section 50-5-325 shall read:

"(1)   to use a trawl or trawls, the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;"
Amend the bill further, as and if amended, by striking Section 50-5-325(C), page 20, beginning on line 5, and inserting:

/(C)   No person under the age of sixteen years may operate a trawler as master./
Amend the bill further, as and if amended, beginning on line 37 of page 21, by striking Section 50-5-340. When amended Section 50-5-340 shall read:

"Section 50-5-340.   (A)   The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for:

(1)   exploratory;

(2)   experimental;

(3)   scientific;

(4)   educational; or

(5)   commercial display purposes.

These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department, but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be


Printed Page 2280 . . . . . Tuesday, April 27, 1999

taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of permit conditions.

(B)   The department may permit marine resources collected pursuant to exploratory, experimental, or commercial display permits to be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of according to law. The department may condition permits to allow sale of marine resources for public display.

(C)   A person who violates this section or a condition of a permit for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.

(D)   A person who violates this section or a condition of a permit for other than a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
Amend the bill further, as and if amended, beginning on page 23, by striking Section 50-5-360(A) and inserting:

/   (A)   Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products taken or landed in this State and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control./


Printed Page 2281 . . . . . Tuesday, April 27, 1999

Amend the bill further, as and if amended, page 25, Section 50-5-360 by adding a new subsection (G) to read:

"(G)   A person or entity that solely produces fish or fishery products reared as offspring from brood stock in captivity, or purchases such fish or fishery products solely is not required to have a wholesale seafood dealer license."
Amend the bill further, as and if amended, page 25, by reformatting Section 50-5-365(A)(1) and (2) to read:

"   (A)   A person or entity who:

(1)   offers for sale any live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman licensed as a wholesale seafood dealer; or

(2)   transports live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman transporting his catch to a licensed wholesale seafood dealer;
must have in his possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery product being offered for sale or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received."
Amend the bill further, as and if amended, by striking Section 50-5-370(C) and inserting:

/(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days./
Amend the bill, as and if amended, by striking Section 50-5-505(A) of the 1976 Code as contained in SECTION 3 and inserting:

/(A)   A gill net used in the saltwaters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. The operator of a gill net must be within five hundred feet of the net and have visual contact with the net at all times when deployed./
Amend the bill further, as and if amended, by striking Section 50-5-510(B) and inserting:
/   (B)   A person licensed to use a channel net must allow designated department personnel to board or accompany any vessel on or from which a channel net is used to observe fishing activities, fishing gear, catch, and discards./


Printed Page 2282 . . . . . Tuesday, April 27, 1999

Amend the bill further; as and if amended, in item (3) of subsection (E) of Section 50-5-510 by inserting /clearly/ immediately before /visible/ on line 14, page 30. When amended Section 50-5-510(E)(3) shall read:

"(3)   a channel net must be marked with a buoy, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, having the name, address, and license number of the owner thereon; and"
Amend the bill further, as and if amended, by striking Section 50-5-515(B)(5) beginning on line 42 of page 31 and inserting:
/     (5)   A sea turtle accidentally taken must be released immediately unless it is apparent that resuscitation is required. If resuscitation is required, the fisherman must retain the turtle until the turtle has recovered sufficiently and is capable of swimming./
Amend the bill further, as and if amended, by striking Section 50-5-525(A) beginning on line 19, page 32, and inserting:
/(A)   It is unlawful to use or deploy any net or similar device or any part thereof including line and attached devices so that any part thereof extends more than one-half the width of any saltwater creek, stream, channel, slough, or other salt water regardless of the stage of the tide, river stage, or method of net deployment./
Amend the bill further, as and if amended, page 35, by striking Section 50-5-565 and inserting:

/Section 50-5-565.     It is unlawful to set, move, fish, retrieve, or remove catch from traps during the following times:

(1)   from 9:00 p.m. until 5:00 a.m. the following day, local time, from April 1 through September 15; and

(2)   from 7:00 p.m. until 6:00 a.m the following day, local time, from September 16 through March 31.
This prohibition does not apply to recreational fishermen using properly marked personal traps./
Amend the bill further, as and if amended, page 41, by striking Section 50-5-715(6) and inserting:

/(6)   Based on NOS chart 11521 (2nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32o 33.55' N, longitude 0800 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32o 37.18' N, longitude 0790 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the


Printed Page 2283 . . . . . Tuesday, April 27, 1999

shoreline; thence southwesterly and becoming northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning./
Amend the bill further, as and if amended, by striking Section 50-5-735(A) beginning on line 32, page 45, and inserting:
/(A)   Except as provided in this section it is unlawful to trawl at night. Night as used in this section means:

(1)   from April 1 through August 31 inclusive: 9:00 p.m. to 5:00 a.m. the following day, local time; and

(2)   from September 1 through October 31 inclusive: 8:00 p.m to 6:00 a.m. the following day, local time; and

(3)   from November 1 through March 31 inclusive: 7:00 p.m to 6:00 a.m. the following day, local time./
Amend the bill further, as and if amended, on line 13, page 48, by striking Section 50-5-775(B) and inserting:
/   (B)   In addition to any other penalty provided in this chapter, the penalty, upon conviction, for trawling in waters of this State other than the General Trawling Zone one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is a fine of five thousand dollars or imprisonment for thirty days and must have his saltwater privileges suspended for two years, and any catch aboard or under the control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter./
Amend the bill further, as and if amended, by striking Section 50-5-985(B) on page 56 and inserting:
/   (B)   It is unlawful to take or attempt to take shellfish from any grounds closed by the department or any other authorized government agency. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates the provisions of this subsection for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days./
Amend the bill further, as and if amended, by striking 50-5-985(C) on page 56 and inserting:


Printed Page 2284 . . . . . Tuesday, April 27, 1999

/(C)   The department has the authority to open or close any area for the taking of shellfish for any specified period at any time during the year when biological or other conditions warrant./
Amend the bill further, as and if amended, page 59, by striking Section 50-5-1020 and inserting:

/Section 50-5-1020.     It is unlawful to take, possess, sell, or purchase a living whelk (conch) of the genus Busycon of less than a size as determined by the department but not less than four inches in maximum dimension if taken or landed in this State for a commercial purpose, provided this prohibition does not apply to conchs of less than legal size taken during lawful trawling which are returned immediately to the water./
Amend the bill further, as and if amended, beginning on page 59 by striking Section 50-5-1100(A) as contained in SECTION 6 and inserting:

/(A)   It is unlawful to catch or take shrimp by any means for commercial purposes outside the General Trawling Zone or outside the legal channel net zones as established by the department, other than for sale as live bait, or in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or attempt to take shrimp by the use of a shrimp trap or shrimp pot./
Amend the bill further, as and if amended, on page 64, by striking Section 50-5-1305(A) and inserting:

/(A)     Except as provided in this section, it is unlawful for a commercial saltwater fisherman licensed to set, move, fish, retrieve, or remove catch from traps which may be used to take blue crabs; or to transport aboard a vessel more than twenty-four blue crabs or parts or products thereof, during the following times:

(1)   from 9:00 p.m until 5:00 a.m. the following day, local time, from April 1 through September 15 inclusive; and

(2)   from 7:00 p.m until 6:00 a.m the following day, local time, from September 16 through March 31 inclusive.

This prohibition does not apply to recreational fishermen using properly marked personal traps.

A vessel rigged to use a licensed trawl may have blue crabs aboard at night if taken during lawful trawling activity; however, no vessel rigged for trawling may be used to set, move, retrieve, or remove catch from crab traps. /


Printed Page 2285 . . . . . Tuesday, April 27, 1999

Amend the bill further, as and if amended, by striking subsections (B) and (C) of Section 50-5-1500 of the 1976 Code as contained in SECTION 8 and inserting:
/   (B)   The department may restrict the number of nets for taking shad, herring, or sturgeon in any body of water where the numbers of nets or fishermen must be limited due to statutory limitations on placement of nets, to prevent congestion of nets or watercraft, or for conservation purposes. The department may grant permits to licensed commercial saltwater fishermen for this purpose. Permits may be limited in number and may be conditioned so as to designate areas, size and take limits, hours, type and amount of equipment, and catch reporting requirements.

(C)   A person taking or attempting to take shad, herring, or sturgeon in the waters of this State with commercial equipment must obtain a commercial saltwater fishing license and commercial equipment license required under this chapter and any related permits. /
Amend the bill further, as and if amended, page 78, by striking Section 50-5-1515 and inserting:
/Section 50-5-1515.   A person taking or attempting to take shad by hood and line including rod and reel may take or possess no more than an aggregate of twenty American and hickory shad in any one day. No shad taken by cast net or by hook and line including rod and reel maybe sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license./
Amend the bill further, as and if amended, by striking Section 50-5-1705(G) on page 82 and inserting:
/   (G)   It is unlawful to gig for spotted seatrout or red drum from December 1 through the last day of February inclusive./

Amend the bill further, as and if amended, page 85, by striking Section 50-5-1925 and inserting:

/Section 50-5-1925.     The following are exempt from purchasing the stamp:

(1)   fishermen using a hook and line from the shore or a shore-based structure;

(2)   fishermen fishing from a charter fishing vessel with a valid charter fishing license or from a public fishing pier with a valid public fishing pier license; and

(3)   persons exempted under Chapter 9 of Title 50.
Not exempt are fishermen bringing ashore by boat fish taken by hook and line regardless of the area of fishing./


Printed Page 2286 . . . . . Tuesday, April 27, 1999

Amend the bill further, as and if amended, by striking Section 50-5-2310(A) as contained as contained in SECTION 12, page 89, and inserting:
/(A)   It is unlawful to exhibit a marine mammal in this State. /
Amend the bill further, as and if amended, by striking SECTION 15 and inserting:
/ SECTION   15.   Section 44-1-152 of the 1976 Code is amended to read:

"Section 44-1-152.     Notwithstanding any other provision of law, all revenue derived from any fine or any forfeiture of bond for any violation of any shellfish law or regulation provided by this title shall must be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue shall must be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. One-third Two-thirds of such revenue shall must be remitted quarterly to the state Department of Health and Environmental Control of which one-half is to be used in enforcing shellfish laws and regulations. One-third and one-half of such revenue shall must be remitted quarterly to the State Treasurer, who shall deposit such monies in the state's general fund. All monies derived from auction sales of confiscated equipment pursuant to Section 44-1-151 shall must be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any forfeiture of bond for any violation of any shellfish law or regulation. A report of fines for forfeitures of bonds regarding shellfish violations shall must be sent to the state Department of Health and Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction of sales of confiscated equipment shall must be sent to the state Department of Health and Environmental Control monthly by each sheriff in this State."/
Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____.   the 1976 Code is amended by adding:

"Section 50-5-1335.   It is unlawful to set or use a trap or basket commonly termed a 'crab pot' to catch crab for commercial purposes between May first and October first within Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale."/


Printed Page 2287 . . . . . Tuesday, April 27, 1999

Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION____.   The 1976 Code is amended by adding:

"Section 50-5-580.   It is unlawful in Georgetown County for a person to gig for fish in saltwaters from the northern tip of North Island to the northern tip of Magnolia Beach during the daylight hours. Any person violating the provisions of this section, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days."/
Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:

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

"Section 50-1-300.   Unless specifically authorized, all regulations promulgated under the authority of this title must be promulgated in accordance with the Administrative Procedures Act."/
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. SHARPE, WITHERSPOON and T.BROWN proposed the following Amendment No. 2 (Doc Name GJK\AMEND\20594DJC99), which was adopted.
Amend the bill, as and if amended, page 22, by striking Section 50-5-340(C) and inserting:
/   (C)     A person who violates this section or a condition of a permit for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned for not more than thirty days./
Amend the bill further, as and if amended, by striking Section 50-5-710, as contained in SECTION 4, page 40, and inserting:
/   Section 50-5-710   (A)   Except as otherwise provided, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. Any person who violates this subsection by trawling inside the General Trawling Zone:

(1)   one-quarter nautical mile or less during the closed season;

(2)   more than one-quarter nautical mile during the closed season;


Printed Page 2288 . . . . . Tuesday, April 27, 1999

(3)   one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(4)   more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;

(5)   more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(6)   one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season;
is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B)   Except as otherwise provided, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. Any person who violates this subsection by trawling outside the General Trawling Zone:

(1)   one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(2)   more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(3)   during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(4)   one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.


Printed Page 2289 . . . . . Tuesday, April 27, 1999

Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter./
Amend the bill further, as and if amended, page 45, by adding the following appropriately lettered subsections to Section 50-5-715:
/   (E)   A person who violates this section by trawling in a restricted area at a time twenty minutes or less after daily closing time during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.

(F)   A person who violates this section by trawling in a restricted area at a time more than twenty minutes after daily closing time during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter./
Amend the bill further, as and if amended, by striking Section 50-5-740, page 46 and inserting:
/   Section 50-5-740.   (A)   The department annually may set the season for taking blue crabs (Callinectes sapidus) by trawling between December 1 of one year through March 31 of the following year, inclusive. It is unlawful to trawl for crabs during the closed season.

(B)   Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter./
Amend the bill further, as and if amended, beginning on page 47 by striking Section 50-5-775 in its entirety.
Amend the bill further, as and if amended, by striking subsection (C) of Section 50-5-1005, page 58, and inserting:
/   (C)   A person who violates this section or who fails to meet the conditions of a permit granted under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not more than thirty days./
Amend the bill further, as and if amended, page 78, by striking subsection (B) of Section 50-5-1525 and inserting:


Printed Page 2290 . . . . . Tuesday, April 27, 1999

/   (B)   A person taking or possessing any Atlantic sturgeon or any part or product thereof, except as allowed by regulations set by the department, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned for not more than thirty days.

(C)     A person taking or possessing for a commercial purpose, buying, or selling any Atlantic sturgeon or any part or product thereof, except as allowed by regulations set by the department, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months./
Amend the bill further, as and if amended, beginning on page 78, by striking Section 50-5-1530 and inserting:
/   Section 50-4-1530.   A person who receives Atlantic sturgeon or any part or product thereof other than at retail or for consumption must maintain records for a period of no less than one year. Records must include:

(1)   the number and weight of sturgeon received;

(2)   the type and amount of part or product received;

(3)   the names and addresses of persons from whom received; and

(4)   the names and addresses of persons to whom sold at wholesale.
A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days and the person's or entity's privilege to hold the wholesale seafood dealer license must be suspended for six months./
Amend the bill further, as and if amended,
beginning on page 90, by striking item (12), Section 50-5-2500(A) and inserting;
/   (12)   trawling inside the General Trawling Zone other than in restricted areas:

(a)   one-quarter nautical mile or less during the closed season: 6;

(b)   more than one-quarter nautical mile during the closed season: 10;

(c)   one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season: 6;


Printed Page 2291 . . . . . Tuesday, April 27, 1999

(d)   more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season: 10;

(e)   more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season: 6;

(f)   one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season: 6;

(13)   trawling in a restricted area:

(a)   during the open season: 6;

(b)   during closed season: 10;

(14)   trawling outside the General Trawling Zone:

(a)   one hundred yards or less distance from the nearest point of the General Trawling Zone during the open season: 10

(b)   more than one hundred yards distance from the nearest point of the General Trawling Zone during the open season: 18;

(c)   during the closed season: 18;

(d)   one half mile or more distance from the nearest point of the General Trawling Zone: 18./
Amend the bill further, as and if amended, by striking item (15) of Section 50-5-2500 in its entirety and renumber the remaining items;
Amend the bill, as and if amended, by striking item (2) of Section 50-5-2540(A) on page 93 and inserting:
/   (2)   to be on board any vessel while the vessel is being utilized to take or in an attempt to take saltwater fish for commercial purposes. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more that thirty days, and the person's saltwater privileges must be suspended for an additional five years./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. Limehouse proposed the following Amendment No. 3 (Doc Name PSD\AMEND\7424AC99), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 2292 . . . . . Tuesday, April 27, 1999

/   SECTION   1.   Section 50-13-1610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-1610.     (A)   It shall be unlawful, at any time, to sell, offer for sale, barter, traffic in, or purchase swordfish (Xiphias gladius), as a food item or otherwise, or any game fish so classified under the provisions of Section 50-1-30, except as to fresh-water trout as provided in Sections 50-13-1680 and 50-13-1740, regardless of where caught. Any person violating this section subsection is guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than one hundred dollars nor more than three hundred dollars. For the second offense within five years of the date of conviction for the first offense, he shall be fined not less than two hundred dollars nor more than five hundred dollars and be imprisoned for thirty days. For a third offense within five years of the date of conviction for the first offense, he shall be fined not less than five hundred dollars nor more than one thousand dollars and be imprisoned for not more than thirty days. Fourth and subsequent offenses within five years of the date of conviction for the first offense shall be punished as provided for a third offense.

(B)   It shall be unlawful at any time to sell, offer for sale, traffic in, or purchase swordfish (Xiphias gladius), or any other marine fish species originating from a fishery that has been declared by the United States Secretary of Commerce as being overfished that is not labeled clearly and legibly as originating from an overfished fishery. This label must read, "THIS FISH ORIGINATES FROM AN OVERFISHED FISHERY". This label must follow all swordfish, other marine fish, or fish foodstuffs and products originating from an overfished fishery at all wholesale and retail points of sale after harvest including, but not limited to, grocery stores and the printing of the label on menus in restaurants serving fish or fish products originating from an overfished fishery. Any person violating this subsection is guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than one hundred dollars nor more than three hundred dollars. For the second offense within five years of the date of conviction for the first offense, he shall be fined not less than two hundred dollars nor more than five hundred dollars and be imprisoned for thirty days. For a third offense within five years of the date of the conviction for the first offense, he shall be fined not less than five hundred dollars nor more than one thousand dollars and be imprisoned for not more than thirty days. Fourth and subsequent offenses within five years of the date of


Printed Page 2293 . . . . . Tuesday, April 27, 1999

conviction for the first offense shall be punished as provided by the third offense."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

POINT OF ORDER

Rep. INABINETT raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 97; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Bales                  Barfield               Barrett
Battle                 Beck                   Breeland
Brown G.               Brown H.               Brown J.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod W.              McMahand

Printed Page 2294 . . . . . Tuesday, April 27, 1999

Meacham                Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Young-Brickell

Total--97

Those who voted in the negative are:

Total--0

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

H. 3420 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES


Printed Page 2295 . . . . . Tuesday, April 27, 1999

ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.

Rep. SCOTT moved to adjourn debate on the Bill.
Rep. CAMPSEN moved to table the motion, which was agreed to.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22270DC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-125.   (A)   No person may sue or recover from a firearms manufacturer, trade association, or dealer, or an ammunition manufacturer, trade association, or dealer ex delicto, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the marketing, design, or lawful distribution and sale of firearms or ammunition to the public.

(B)   As used in this Section:

(1)   'design' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;

(2)   'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;

(3)   'person' means the State of South Carolina, political subdivisions of the State, and individuals.

(c)   Nothing in this section shall prohibit any person from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer ex contractu for breach of contract or warranty, nor shall this section prohibit a products liability action arising out of the malfunction or improper design of any device which results in personal injuries uncommon to the normal and intended functioning of a firearm or ammunition.
SECTION   2.   This act takes effect upon approval of the Governor and applies to all cases and appeals pending on the effective date of the act." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.


Printed Page 2296 . . . . . Tuesday, April 27, 1999

Rep. NEAL moved to table the amendment, which was rejected by a division vote of 25 to 42.

The question then recurred to the adoption of the amendment.

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

Yeas 67; Nays 28

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Beck
Bowers                 Brown G.               Brown H.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Cotty
Easterday              Edge                   Emory
Fleming                Gilham                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  McCraw                 McGee
Meacham                Neilson                Ott
Phillips               Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Vaughn
Webb                   Whatley                Wilder
Young-Brickell

Total--67

Those who voted in the negative are:

Bales                  Breeland               Brown J.
Canty                  Cobb-Hunter            Gamble
Gourdine               Govan                  Hayes
Hines J.               Hines M.               Howard

Printed Page 2297 . . . . . Tuesday, April 27, 1999

Inabinett              Kennedy                Lloyd
Mack                   Maddox                 McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Parks
Rhoad                  Rutherford             Scott
Smith F.

Total--28

So, the amendment was adopted.

Rep. CAMPSEN proposed the following Amendment No. 2 (Doc Name \GJK\AMEND\20573DJC99), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 3420-1, in Section 1-7-125 as contained in SECTION 1, beginning on line 41 by striking item (3) and inserting:

/(3)   'person' means the State of South Carolina, political subdivisions of the State, individuals, partnerships, limited liability companies, corporations, associations, and any other legal entity however designated./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 65; Nays 15

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Barrett                Battle                 Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Emory                  Fleming                Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hayes
Hinson                 Keegan                 Kelley

Printed Page 2298 . . . . . Tuesday, April 27, 1999

Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  McCraw
McGee                  Meacham                Miller
Neilson                Ott                    Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sheheen                Simrill                Smith D.
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Tripp
Vaughn                 Webb                   Whatley
Witherspoon            Young-Brickell

Total--65

Those who voted in the negative are:

Breeland               Canty                  Gamble
Gourdine               Hines M.               Kennedy
Lee                    Lloyd                  Mack
McLeod W.              Moody-Lawrence         Neal
Parks                  Rutherford             Scott

Total--15

So, the amendment was adopted.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 74; Nays 24

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Beck
Bowers                 Brown G.               Brown H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Emory                  Fleming
Gilham                 Hamilton               Harrell
Harris                 Harrison               Harvin

Printed Page 2299 . . . . . Tuesday, April 27, 1999

Hawkins                Hayes                  Hinson
Jennings               Keegan                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Lourie                 Lucas
Martin                 Mason                  McCraw
McGee                  McLeod W.              Meacham
Ott                    Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith D.               Smith J.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--74

Those who voted in the negative are:

Bales                  Breeland               Brown J.
Canty                  Cobb-Hunter            Gamble
Gourdine               Hines J.               Hines M.
Inabinett              Kennedy                Limehouse
Lloyd                  Mack                   McLeod M.
McMahand               Miller                 Moody-Lawrence
Neal                   Parks                  Rutherford
Scott                  Sheheen                Smith F.

Total--24

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

STATEMENT FOR THE JOURNAL

I was out of the chamber meeting with a constituent and missed the final vote on H. 3420. I would have voted in the affirmative. My vote was recorded on the subsequent amendments.

Rep. J. GARY SIMRILL


Printed Page 2300 . . . . . Tuesday, April 27, 1999

H. 3789 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1458CM99), which was adopted.
Amend the bill, as and if amended, Section 11-47-20(i)(1) as contained in SECTION 2, page 4, line 20, by deleting /payment/ and inserting /payments/.
Amend title to conform.

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

Rep. BATTLE explained the Bill.


Printed Page 2301 . . . . . Tuesday, April 27, 1999

ACTING SPEAKER CATO IN CHAIR

Rep. BATTLE continued speaking.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Bales                  Barfield               Barrett
Battle                 Beck                   Bowers
Brown G.               Brown H.               Brown J.
Canty                  Carnell                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Edge                   Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Walker                 Webb                   Whatley
Wilder                 Witherspoon            Young-Brickell

Total--90


Printed Page 2302 . . . . . Tuesday, April 27, 1999

Those who voted in the negative are:

Total-0

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

S. 628 -- DEBATE ADJOURNED

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

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

SPEAKER IN CHAIR

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.


Printed Page 2303 . . . . . Tuesday, April 27, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3986 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MT. HERMAN BAPTIST CHURCH OF GREENWOOD COUNTY UPON THE CELEBRATION OF ITS ONE HUNDRED ELEVENTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3987 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser,


Printed Page 2304 . . . . . Tuesday, April 27, 1999

Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. C. DAVID WARREN OF RICHLAND COUNTY FOR HIS TWENTY YEARS OF OUTSTANDING SERVICE AS DIRECTOR OF THE RICHLAND COUNTY PUBLIC LIBRARY, AND RECOGNIZING THE RICHLAND COUNTY PUBLIC LIBRARY ON BEING RANKED AS ONE OF THE BEST LIBRARY SYSTEMS IN THE NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

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

H. 3988 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF THE STATE OF SOUTH CAROLINA WHO HAVE DIED ON THE JOB AND TO REQUEST THAT THE GOVERNOR DECLARE APRIL 28, 1999, "WORKERS MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job, all with little or no public attention; and

Whereas, in fiscal year 1998, thirty-three workers died in South Carolina while working, from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died, they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such


Printed Page 2305 . . . . . Tuesday, April 27, 1999

deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That the members of the General Assembly do hereby honor the working men and women of this State who have died on the job, and request that the Governor of this State declare April 28, 1999, a date chosen by the South Carolina AFL-CIO, as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Donna S. DeWitt, President of the South Carolina AFL-CIO.

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

CONCURRENT RESOLUTION

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

H. 3989 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 2-8, 1999, AS "ASSOCIATION WEEK", AS PROCLAIMED BY GOVERNOR JAMES H. HODGES,


Printed Page 2306 . . . . . Tuesday, April 27, 1999

HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

Whereas, hundreds of nonprofit national, regional, state and local trade associations, professional societies, and community service organizations operate in the public interest in South Carolina; and

Whereas, these organizations exist for the mutual benefit of their members and constituents through education, public information, influencing public policy, and pursuit of other common goals; and

Whereas, these associations encourage high standards of conduct and codes of ethics in the public interest and promote voluntary action as an effective means of meeting common challenges; and

Whereas, these associations provide important private sector support to the South Carolina General Assembly in the development of public policy; and

Whereas, over six hundred thousand people hold individual memberships in South Carolina associations with the direct economic impact of these associations in excess of seventy-five million dollars annually; and

Whereas, the South Carolina Society of Association Executives is celebrating its thirty-fifth anniversary in 1999. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the week of May 2-8, 1999, as "Association Week", as proclaimed by Governor James H. Hodges, honoring the nonprofit national, regional, state and local trade associations, professional societies, and community service organizations in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Society of Association Executives.


Printed Page 2307 . . . . . Tuesday, April 27, 1999

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3990 (Word version) -- Reps. G. Brown, J. Hines and Neilson: A CONCURRENT RESOLUTION RECOGNIZING THE LEGACY OF THE LATE ROBERT C. "BOB" SCOTT, JR., OF FLORENCE AND EDISTO ISLAND AND HIS INVALUABLE CONTRIBUTIONS TO THE PEOPLE OF SOUTH CAROLINA THROUGH HIS DEDICATED ADVOCACY FOR PUBLIC EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3991 (Word version) -- Reps. J. Smith, Allen, Battle, G. Brown, Clyburn, Cobb-Hunter, Davenport, Emory, Gilham, Harrison, Hayes, J. Hines, M. Hines, Keegan, Lee, Lourie, Mack, Martin, McCraw, McMahand, Moody-Lawrence, Ott, Parks, Rhoad and Robinson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA'S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTY-FIVE YEARS, TO PROVIDE AMERICA'S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY'S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 2308 . . . . . Tuesday, April 27, 1999

CONCURRENT RESOLUTION

The following was introduced:

H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy, Lloyd and Miller: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS


Printed Page 2309 . . . . . Tuesday, April 27, 1999

AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
Referred to Committee on Education and Public Works

H. 3994 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3995 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 37-3-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOANS UNDER THE CONSUMER PROTECTION CODE, MAXIMUM CHARGES, AND ADDITIONAL CHARGES FOR WHICH A LENDER MAY CONTRACT, SO AS TO PROVIDE THAT, WITH RESPECT TO A CONSUMER LOAN SECURED BY AN INTEREST IN REAL ESTATE, A LOAN ORIGINATION FEE


Printed Page 2310 . . . . . Tuesday, April 27, 1999

NOT TO EXCEED WHAT IS DEEMED "USUAL AND CUSTOMARY" MAY BE CHARGED, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 3996 (Word version) -- Reps. Limehouse, Allen, Barrett, Battle, Breeland, Chellis, Clyburn, Fleming, Gilham, Gourdine, J. Hines, Inabinett, Jennings, Leach, Lee, Littlejohn, Mack, Maddox, McCraw, Martin, Phillips, Sandifer, J. Smith, R. Smith, Stille and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-621 SO AS TO DESIGNATE THE AMERICAN BALD EAGLE, HALIAEETUS LEUCOCEPHALUS, AS THE OFFICIAL STATE BIRD OF PREY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3997 (Word version) -- Rep. Harvin: A BILL TO AMEND ARTICLE 3, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINE OF PUPILS IN PUBLIC SCHOOLS, BY ADDING SECTION 59-63-290 SO AS TO PROHIBIT THE POSSESSION OF A STINK BOMB ON SCHOOL PROPERTY OR WHILE ATTENDING A SCHOOL ACTIVITY.
Referred to Committee on Education and Public Works

H. 3998 (Word version) -- Reps. Sharpe, Altman, J. Hines, Inabinett, Martin, Moody-Lawrence and Whipper: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER MUST IMMEDIATELY AND THOROUGHLY SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING SUCH


Printed Page 2311 . . . . . Tuesday, April 27, 1999

DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVAMP THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3999 (Word version) -- Reps. J. Smith, Davenport, Harvin, Limehouse, Littlejohn, Lourie, Mack, McGee, Rhoad, Robinson and Simrill: A BILL TO AMEND SECTION 12-6-3510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS.
Referred to Committee on Ways and Means

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 and Young-Brickell: A BILL TO AMEND TITLE 59,


Printed Page 2312 . . . . . Tuesday, April 27, 1999

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.
Rep. HAMILTON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MOODY-LAWRENCE objected.
Referred to Committee on Education and Public Works

H. 4001 (Word version) -- Reps. Jennings and Harris: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REQUIRE CANDIDATES FOR THE SCHOOL BOARD TO FILE THE WRITTEN NOTICE OF CANDIDACY BY AUGUST FIRST OF EACH GENERAL ELECTION YEAR RATHER THAN THIRTY DAYS BEFORE THE ELECTION.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
Referred to Committee on Judiciary

S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER


Printed Page 2313 . . . . . Tuesday, April 27, 1999

THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
Referred to Committee on Judiciary

S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO


Printed Page 2314 . . . . . Tuesday, April 27, 1999

AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Referred to Committee on Judiciary

S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
Referred to Committee on Judiciary

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

S. 618 (Word version) -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
Referred to Committee on Judiciary

S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 2315 . . . . . Tuesday, April 27, 1999

1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Referred to Committee on Judiciary

S. 742 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GIFTED AND TALENTED PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2280, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 746 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.
Referred to Committee on Judiciary


Printed Page 2316 . . . . . Tuesday, April 27, 1999

CONCURRENT RESOLUTION

The following was introduced:

S. 716 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

H. 3779 -- DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 28, which was adopted:

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

H. 3911 -- POINT OF ORDER

The following Bill was taken up:

H. 3911 (Word version) -- Reps. Robinson, D. Smith, Kelley, Barrett, Allison, Easterday, Wilkins, H. Brown, Harrell, Woodrum, Simrill, Allen, Altman, Barfield, Beck, Campsen, Cato, Cooper, Dantzler, Davenport, Edge, Fleming, Gamble, Hamilton, Harrison, Haskins, Hinson, Keegan, Knotts, Leach, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, Mason, McGee, Meacham, Rice, Riser, Rodgers, Sandifer, Sharpe, R. Smith, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Witherspoon and Young-Brickell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, TO PROVIDE THAT GENERAL FUND REVENUES MUST BE CREDITED TO THE EIA FUND IN FISCAL YEARS


Printed Page 2317 . . . . . Tuesday, April 27, 1999

1999-00 THROUGH 2003-04 TO ENSURE THAT EIA REVENUES ATTRIBUTABLE TO FOOD SALES ARE NOT LESS THAN SUCH REVENUES IN FISCAL YEAR 1998-99, AND TO PROVIDE FOR THE APPLICATION OF LOCAL SALES AND USE TAXES ON SALES AND CONSUMPTION OF THESE FOOD ITEMS REGARDLESS OF THE STATE EXEMPTION FOR THESE ITEMS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \DKA\AMEND\3463MM99):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   A.   Section 12-36-140(C) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(C)   'Storage' and 'use' do not include the keeping, retaining, or exercising of any right or power over tangible personal property:

(1)   for the exclusive purpose of subsequently transporting it outside the State for first use,; or

(2)   for the purpose of first being manufactured, processed, or compounded into other tangible personal property to be transported and used solely outside the State; or

(3)   for the purpose of being distributed as cooperative direct mail promotional advertising materials by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material.
B. Section 12-36-2120 of the 1976 Code, is amended by adding an appropriately numbered item to read:

"( )   cooperative direct mail promotional advertising materials delivered by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single


Printed Page 2318 . . . . . Tuesday, April 27, 1999

package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."/
Renumber sections to conform.
Amend title to conform.

Rep. VAUGHN explained the amendment.

POINT OF ORDER

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

H. 3267 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3267 (Word version) -- Reps. D. Smith and Davenport: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO EXEMPT PRESCRIPTION EYEGLASSES AND CATEGORIES OF ITEMS AND EQUIPMENT USED IN AIDING THE MOBILITY OF THE PHYSICALLY DISABLED.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \DKA\AMEND\3432MM99), which was adopted.
Amend the bill, as and if amended, Section 12-36-2120( )(a), SECTION 1, page 1, line 24, by deleting /eyeglasses/ and inserting / prescription eyeglass and contact lenses and raw materials used in the fabrication of such lenses /; and by inserting after /purchaser/ on line 26 /, but this exemption does not extend to eyeglass frames /.
Amend further, Section 12-36-2120( )(b), SECTION 1, page 1, by inserting after /crutches/ on line 27 /, hospital beds, /.
When amended Section 12-36-2120( )(a) and (b) reads:

/( )(a)   prescription eyeglass and contact lenses and raw materials used in the fabrication of such lenses when especially designed or prescribed by an ophthalmologist, physician, oculist, or optometrist for


Printed Page 2319 . . . . . Tuesday, April 27, 1999

the personal use of the owner or purchaser, but this exemption does not extend to eyeglass frames;

(b)   crutches, hospital beds, and wheelchairs; /
Amend further, SECTION 2, line 40, by striking /1999/ and inserting / 2000 /.
When amended SECTION 2 reads:
/ SECTION   2.   This act takes effect July 1, 2000. /
Amend title to conform.

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

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

H. 3782 -- ORDERED TO THIRD READING

The following Bill was taken up:

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harris, Harrison, Harrell, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3


Printed Page 2320 . . . . . Tuesday, April 27, 1999

OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Rep. VAUGHN explained the Bill.

Rep. CAMPSEN spoke in favor of the Bill.

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

H. 3833 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3833 (Word version) -- Rep. Robinson: A BILL 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \DKA\AMEND\3431MM99), which was adopted.
Amend the bill, as and if amended, Section 12-54-75(A), SECTION 1, page 1, line 26, by deleting /or credit/.


Printed Page 2321 . . . . . Tuesday, April 27, 1999

When amended Section 12-54-75(A) reads:

"(A)   The State Treasurer may authorize a state agency which collects revenues, either as taxes or license fees or as payment for goods or services, to accept electronic forms of payment including, but not limited to, debit cards, bank debits or credits, or electronic purse options. These electronic payments may be accepted in the course of an electronic commerce transaction, in which the business transaction is conducted by means of the internet, interactive voice response, or other fully electronic means. /
Amend title to conform.

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

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

H. 3834 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 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 INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW


Printed Page 2322 . . . . . Tuesday, April 27, 1999

HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3438MM99), which was adopted.
Amend the bill, as and if amended, Section 2-7-76(A), SECTION 1, page 2, beginning on line 27, by deleting /Board of Economic Advisors/ and inserting / Economic Research Section of the Budget and Control Board /.
Amend further, Section 2-7-76(B), SECTION 1, page 3, beginning on line 8, by deleting /Board of Economic Advisors/ and inserting / Economic Research Section of the Budget and Control Board /.
Amend further, Section 12-37-251(F), SECTION 9, page 5, beginning on line 21, by deleting /Board of Economic Advisors/ and inserting / Economic Research Section of the Budget and Control Board /.
Amend title to conform.


Printed Page 2323 . . . . . Tuesday, April 27, 1999

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

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

H. 3835 -- POINT OF ORDER

The following Bill was taken up:

H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE'S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST


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AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 12-6-4910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF THE DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; AND TO REPEAL SECTIONS 12-6-5590 RELATING TO REVISION OF THE ASSESSED TAX, 12-54-35 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 12-54-40 RELATING TO PENALTIES IN

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CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.

POINT OF ORDER

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

ORDERED TO THIRD READING

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

H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND


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CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.
Rep. VAUGHN explained the Bill.

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

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


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AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
Rep. RODGERS explained the Bill.

H. 3649 -- POINT OF ORDER

The following Bill was taken up:

H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.

POINT OF ORDER

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

S. 488 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH


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EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name KGH\AMEND\15618HTC99), which was adopted.
Amend the bill, as and if amended, by striking Section 59-101-187 as contained in SECTION 1, Page 1, and inserting:
/   Section 59-101-187.   Pursuant to a written policy adopted by the governing board of a public institution of higher learning, as defined in Section 59-103-5, the institution may expend funds from the sources listed in this section for events which recognize academic and research excellence and noteworthy accomplishments of members of the faculty and staff, students, and distinguished guests of the institution. Sources of the funds for these expenditures include only:

(1)   revenues derived from athletics or other student contests;

(2)   the activities of student organizations;

(3)   the operations of canteens and bookstores; and

(4)   approved private practice plans and all nonappropriated state funds.

The expenditures of funds from these sources pursuant to the written policy of the board for the purposes stated in this section are considered to meet the public purpose test for the expenditure of public funds. A copy of the written policy adopted by the board must be forwarded to the Commission on Higher Education. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3118 -- AMENDED AND POINT OF ORDER

The following Bill was taken up:

H. 3118 (Word version) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-85


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SO AS TO PROVIDE FOR THE APPLICABLE CONTRIBUTION RATES WITH RESPECT TO THE COMPUTATION OF THE STATEWIDE RESERVE RATIO FOR EMPLOYER CONTRIBUTIONS TO THE STATE UNEMPLOYMENT COMPENSATION FUND FOR THE PERIOD JANUARY 1, 1999, THROUGH DECEMBER 31, 1999, AND FOR EACH SUCH ANNUAL PERIOD THEREAFTER.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name KGH\AMEND\15546HTC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 41-27-410 of the 1976 Code is amended to read:

"Section 41-27-410.   Effective January 1, 1986, the employment security administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section 41-27-380(2) of all employers except those who have either elected to make payments in lieu of contributions as defined in Section 41-31-620 or are liable for the payment of contributions as defined in Section 41-31-620 or are liable for the payment of contributions and are classified as a state agency or any political subdivision or any instrumentality of the political subdivision as defined in Section 41-27-230(2) or have been assigned a contribution base rate of five and four-tenths percent."
SECTION   2.   Section 41-31-10 of the 1976 Code is amended to read:

"Section 41-31-10.   (A)   Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title.

(B)   For calendar year 2000 and subsequent years, employers subject to the payment of contributions are subject also to an adjustment over and above their base rate, if required by Section 41-31-80(2)."
SECTION   3.   Section 41-31-40 of the 1976 Code is amended to read:

"Section 41-31-40.   Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer's base rate is less than two and sixty-four hundredths percent until there have been


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twenty-four consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twenty-four consecutive calendar months of coverage after first becoming liable for contributions under the chapters during the current calendar year shall have a base rate computed at the beginning of the calendar quarter following the calendar quarter during which twenty-four consecutive months of coverage are completed based on the employer's experience through the preceding quarter. The base rate computed in accordance with Section 41-31-50 is applicable for the remainder of the current calendar year. For those employers completing the twenty-four months of coverage during the current calendar year, a new base rate for the succeeding calendar year is determined on the basis of their records through December thirty-first of the current year."
SECTION 4.   Section 41-31-50 of the 1976 Code is amended to read:

"Section 41-31-50.   Each employer eligible for a rate computation shall have his base rate determined in the following manner:

(1)   If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods exceeds the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:

(a)   With respect to the calendar year 1973:

(i)   two and thirty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;

(ii)   two percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;

(iii)   one and sixty-five hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;

(iv)   one and thirty hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;

(v)   ninety-five hundredths of one percent, if the excess equals or exceeds nine percent but is less than ten percent of his most recent annual payroll;

(vi)   six-tenths of one percent, if the excess equals or exceeds ten percent but is less than eleven percent of his most recent annual payroll;


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(vii)   twenty-five hundredths of one percent, if the excess equals or exceeds eleven percent of his most recent annual payroll.

(b)   With respect to calendar years 1974 through 1985:

(i)   two and thirty-five hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;

(ii)   two percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;

(iii)   one and sixty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;

(iv)   one and thirty hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;

(v)   ninety-five hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;

(vi)   six-tenths of one percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;

(vii)   twenty-five hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.

(c)   With respect to any calendar year commencing with the calendar year 1986:

(i)   two and twenty-nine hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;

(ii)   one and ninety-four hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;

(iii)   one and fifty-nine hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;

(iv)   one and twenty-four hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;

(v)   eighty-nine hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;


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(vi)   fifty-four hundredths of one percent if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;

(vii)   nineteen hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.

(d)   With respect to any calendar year commencing with the calendar year 2000:

(i)   two and sixty-four hundredths percent, if the excess is less than four percent of his most recent annual payroll;

(ii)   two and twenty-nine hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;

(iii)   one and ninety-four hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;

(iv)   one and fifty-nine hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;

(v)   one and twenty-four hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;

(vi)   eighty-nine hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;

(vii)   fifty-four hundredths percent, if the excess equals or exceeds nine percent of his most recent annual payroll.

(2)   If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods is less than the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:

(a)   With respect to any calendar year prior to the calendar year 1985:

(i)   three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;

(ii)   three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;


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(iii)   three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;

(iv)   four and ten hundredths percent, if the deficit equals or exceeds twenty percent of his most recent annual payroll.

(b)   With respect to the calendar year 1985:

(i)   three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;

(ii)   three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;

(iii)   three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;

(iv)   four and ten hundredths percent, if the deficit equals twenty percent but is less than twenty-five percent of his most recent annual payroll;

(v)   four and forty-five hundredths percent, if the deficit equals twenty-five percent but is less than thirty percent of his most recent annual payroll;

(vi)   four and eighty hundredths percent, if the deficit equals thirty percent but is less than thirty-five percent of his most recent annual payroll;

(vii)   five and fifteen hundredths percent, if the deficit equals thirty-five percent but is less than forty percent of his most recent annual payroll;

(viii) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.

(c)   With respect to any calendar year commencing with the calendar year 1986:

(i)   two and sixty-four hundredths percent, if the deficit is less than five percent of his most recent annual payroll;

( i)(ii)   two and ninety-nine hundredths percent if the deficit equals or exceeds five percent but is less than ten percent of his most recent annual payroll;

(ii)(iii)   three and thirty-four hundredths percent if the deficit equals or exceeds ten percent but is less than fifteen percent of his most recent annual payroll;


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(iii)(iv)   three and sixty-nine hundredths percent if the deficit equals or exceeds fifteen percent but is less than twenty percent of his most recent annual payroll;

(iv)(v)   four and four hundredths percent if the deficit equals or exceeds twenty percent but is less than twenty-five percent of his most recent annual payroll;

(v)(vi)   four and thirty-nine hundredths percent if the deficit equals or exceeds twenty-five percent but is less than thirty percent of his most recent annual payroll;

(vi)(vii)   four and seventy-four hundredths percent if the deficit equals or exceeds thirty percent but is less than thirty-five percent of his most recent annual payroll;

(vii)(viii)   five and nine hundredths percent if the deficit equals or exceeds thirty-five percent but is less than forty percent of his most recent annual payroll;

(viii)(ix) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.

(3)   In determining an employer's contribution rate, contributions for the quarter immediately preceding the computation date are considered as paid before the computation date if they are paid by the employer on or before the end of the month following the quarter or within any period of grace allowed by the Commission for payment of the quarter's contribution.

(4)   For calendar year 1986 and any subsequent calendar year, voluntary payments are not permitted for the purpose of obtaining a lower rate of required contributions."
SECTION   5.   Section 41-31-60 of the 1976 Code is amended to read:

"Section 41-31-60.   (1)   If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of five and four-tenths percent must be assigned until the next computation date. The assigned base rate is applicable for the entire period for which the computation is made even though the delinquent report is subsequently received.

(2)   No employer is permitted to pay his unemployment compensation tax at a reduced base rate for any quarter when a tax execution issued in accordance with Section 41-31-390 with respect to delinquent unemployment compensation tax for a previous quarter is unpaid and outstanding against the employer. If on the computation date upon which an employer's base rate is computed as provided in Section 41-31-40 there is an outstanding tax execution, a base rate of two and sixty-four hundredths percent must be assigned for the period


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to which the computation applies. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the highest base rate must be assigned until the next computation date or until such time as any outstanding tax execution has been paid."
SECTION 6.   Section 41-31-80 of the 1976 Code is amended to read:

"Section 41-31-80.   A statewide reserve ratio must be computed once each year by adding to the total unemployment compensation fund on June thirtieth all contributions and interest received on or before July thirty-first and dividing the result so obtained by the sum of the total wages reported by contributing employers on their contribution reports received by the commission during the twelve-month period ending September thirtieth of the current year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for expenses of administration, whether or not withdrawn from the trust fund, is excluded from the unemployment fund balance in computing the statewide reserve ratio. Any amount due and payable as a payment in lieu of contributions by a nonprofit organization as provided in Section 41-31-630, the State of South Carolina, or the Federal Government must be added to the total unemployment compensation fund for the purposes of the computations required by this section.

(1)   For the base rate computations made for years prior to the calendar year 2000, When when the statewide reserve ratio computed during any calendar year equals or exceeds three and one-half percent, contribution rates applicable to the following calendar year are computed in accordance with Sections 41-31-40 and 41-31-50. When the statewide reserve ratio computed during any calendar year is less than three and one-half percent, all contribution rates applicable to the following calendar year are increased over those computed in accordance with Sections 41-31-40 and 41-31-50 as follows:

(1)(a)   thirty-five hundredths of one percent, if the statewide reserve ratio equals or exceeds three percent but is less than three and one-half percent;

(2)(b)   seven-tenths of one percent, if the statewide reserve ratio equals or exceeds two and one-half percent but is less than three percent; and

(3)(c)   one and five hundredths percent, if the statewide reserve ratio is less than two and one-half percent.
This section does not apply to any employer whose contribution rate is more than two and sixty-four hundredths percent, and no employer's


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rate shall exceed two and sixty-four hundredths percent by reason of the application of this section.

(2)   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 as follows:

(a)   one-tenth percent, if the statewide reserve ratio is less than two percent but not less than one and nine-tenths percent;

(b)   two-tenths percent, if the statewide reserve ratio is less than one and nine-tenths percent but not less than one and eight-tenths percent;

(c)   three-tenths percent, if the statewide reserve ratio is less than one and eight-tenths percent but not less than one and seven-tenths percent;

(d)   four-tenths percent, if the statewide reserve ratio is less than one and seven-tenths percent but not less than one and six-tenths percent;

(e)   five-tenths percent, if the statewide reserve ratio is less than one and six-tenths percent but not less than one and five-tenths percent;

(f)   six-tenths percent, if the statewide reserve ratio is less than one and five-tenths percent but not less than one and four-tenths percent;

(g)   seven-tenths percent, if the statewide reserve ratio is less than one and four-tenths percent."
SECTION   7.   Section 41-31-110 of the 1976 Code is amended to read:

"Section 41-31-110.   Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows:

(a)   If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor


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and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred.

(b)   If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate with the base rate being applicable until the end of the quarter in which the succession occurs.

(c)   If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the acquisition to the successor employer shall continue to be applicable until the end of the quarter in which succession occurs.

For the purposes of subsections items (b) and (c), the base rate as assigned continues in effect until the first day of the next calendar quarter immediately following the acquisition, at which time the commission shall compute a base rate based upon the combination of that portion of the employment benefit experience record acquired from the predecessor with the employment benefit experience record of the successor, subject to the provisions of this article, which base rate is applicable to the successor from the first day of the quarter for the remainder of the calendar year. If the acquisition occurred prior to July first, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of June thirtieth of the year in which the acquisition occurred; if the acquisition occurred subsequent to June thirtieth, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of December thirty-first. All base rates thereafter are computed upon the basis of the combined employment benefit experience record and at such time as provided in Section 41-31-40."
SECTION   8.   Section 41-31-670(2) of the 1976 Code is amended to read:

"(2)   Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's base rate thereafter may be less than two and sixty-four hundredths percent until there have been twenty-four consecutive calendar months of coverage after so becoming liable for the payment of contributions. If the employer has been an employer liable for the payment of contributions


Printed Page 2338 . . . . . Tuesday, April 27, 1999

prior to election to become liable for payments in lieu of contributions the balance in the experience rating account of the employer as of the termination date of the election to become liable for payments in lieu of contributions is transferred to the new experience rating account then established for the employer."
SECTION   9.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to read:
TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO

Printed Page 2339 . . . . . Tuesday, April 27, 1999

COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.

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

POINT OF ORDER

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

H. 3522 -- POINT OF ORDER

The following Bill was taken up:

H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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


Printed Page 2340 . . . . . Tuesday, April 27, 1999

PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Rep. KEEGAN explained the Bill.

POINT OF ORDER

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

H. 3357 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL 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 EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A


Printed Page 2341 . . . . . Tuesday, April 27, 1999

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, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS

Printed Page 2342 . . . . . Tuesday, April 27, 1999

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; AND 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3460MM99), which was adopted.
Amend the bill, as and if amended, Section 6-25-20, Section 4, page 7, by striking the first unlettered item beginning on line 23 and ending on line 39 and inserting an appropriately lettered item to read:
/ ( )   'Construction note' or 'notes' means notes of a joint system issued to provide funds for the creation of a financing pool and costs associated with it. /
Reletter items to conform.
Amend totals and title to conform.

Rep. R. SMITH explained the amendment.
The amendment was then adopted.


Printed Page 2343 . . . . . Tuesday, April 27, 1999

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

H. 3748 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.

The Ways And Means Committee proposed the following Amendment No. 1 (Doc Name KGH\AMEND\15591HTC99), which was adopted.
Amend the bill, as and if amended, in Section 11-27-110, as contained in SECTION 1, page 2, by striking subsections (B) and (C) and inserting:
/   (B)   A governmental entity described in subsection (A)(7)(8)(b) of this section may not enter into a financing agreement, other than an enterprise financing agreement, a lease purchase agreement for energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract as provided for in Section 48-52-670, where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, if the principal balance of the financing agreement, when added to the principal amount of limited bonded indebtedness outstanding on the date of execution of the financing agreement exceeds eight percent of the assessed value of taxable property in the jurisdiction of the governmental entity unless the financing agreement is approved by a


Printed Page 2344 . . . . . Tuesday, April 27, 1999

majority of the electors voting on the agreement in a referendum duly called for this purpose by the governmental entity.

(C)   If a governmental entity described in subsection (A)(7)(8)(b) of this section has outstanding any financing agreement, other than an enterprise financing agreement, a lease purchase agreement for energy efficiency products as provided in Section 48-52-660, or a guaranteed energy savings contract as provided in Section 48-52-670, where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, on the date of issuance of any limited bonded indebtedness pursuant to any bond act, the amount of this limited bonded indebtedness plus the amount of all other limited bonded indebtedness of the governmental entity, when added to the principal balance under any financing agreement or agreements of the governmental entity must not exceed the amount of the governmental entity's constitutional debt limit unless this bonded indebtedness is approved by a majority of the electors voting on the bonded indebtedness in a referendum duly called for this purpose by the governmental entity. This requirement applies notwithstanding any other provision of any bond act and is in addition to the terms and conditions specified in any bond act. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3640 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO


Printed Page 2345 . . . . . Tuesday, April 27, 1999

PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22298CM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Section 17-1-40 of the 1976 Code is amended to read:
"Section   17-1-40.   Any A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall must not be retained by any a municipal, county or state law enforcement agency, or a clerk of court."/
Renumber sections to conform.
Amend title to conform.

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

Rep. JENNINGS explained the Bill.

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

H. 3552 -- POINT OF ORDER

The following Bill was taken up:

H. 3552 (Word version) -- Reps. Harrison, D. Smith, J. Brown, Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, Limehouse, Lourie, Maddox, Seithel, F. Smith, J. Smith, Stuart, Whipper and Wilkes: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE AND TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FROM MANDATORY USE OF SEAT BELTS, SO AS TO DELETE AN EXCEPTION FOR CHILD


Printed Page 2346 . . . . . Tuesday, April 27, 1999

RESTRAINT SYSTEMS IN ORDER TO CONFORM TO THESE PROVISIONS; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT PROVISIONS OF MANDATORY SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS, TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9258SOM99):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520.   The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age under eighteen years of age to wear a safety belt or other child restraint system as provided for in Article 47 of this chapter." /
Amend the bill further, as and if amended, SECTION 3 by striking Section 56-5-6540(A) and (B) and inserting:
/ "(A)   A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may not be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine imposed pursuant to this section against the driver must be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt must be assessed against that occupant. A fine imposed pursuant to this section against occupants under the age of eighteen for failing to wear a safety belt must be assessed against the driver; however, the total fine assessed against a driver for any one incident must not be more than twenty-five dollars. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.


Printed Page 2347 . . . . . Tuesday, April 27, 1999

A conviction for violation of this article does not constitute a criminal offense Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B)   A law enforcement officer may not stop and issue a citation to a driver for a violation of this article:

(1)   when the stop is made in conjunction with another violation of the motor vehicle laws;

(2)   a driver or occupant of the motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system as required by Article 47; or

(3)   the stop is made at a lawful checkpoint. in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this article. A vehicle, operator of a vehicle, or occupant in a vehicle may not be searched solely as a result of a violation of this article. "
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

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

H. 3904 -- POINT OF ORDER

The following Bill was taken up:

H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER


Printed Page 2348 . . . . . Tuesday, April 27, 1999

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 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.
Rep. RISER explained the Bill.

Printed Page 2349 . . . . . Tuesday, April 27, 1999

POINT OF ORDER

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

S. 252 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.

Whereas, a causal relationship exists between obesity and a number of serious disorders, including hypertension, dyalipidemia, cardiovascular disease, diabetes (type two), gallbladder disease, respiratory dysfunction, gout, and osteoarthritis; and

Whereas, the National Institute of Diabetes and Digestive and Kidney Diseases indicates that nearly eighty percent of patients with diabetes mellitus are obese and the incidence of symptomatic gallstones soars as a person's body mass index increases beyond a certain level; and

Whereas, nearly seventy percent of diagnosed cases of cardiovascular disease are related to obesity, and obesity more than doubles a person's chances of developing high blood pressure, and almost half of breast cancer cases are diagnosed among obese women, and forty-two percent of colon cancer cases are among obese individuals; and


Printed Page 2350 . . . . . Tuesday, April 27, 1999

Whereas, obesity ranks second only to smoking as a preventable cause of death and results in some three hundred thousand deaths annually; and

Whereas, it is estimated that thirty-five percent of the adult population is obese and the prevalence of obesity grew a shocking thirty-four percent during the past ten years; and

Whereas, a 1997 study by Kaiser Permanente indicated that the total direct costs of obesity-related diseases in the United States in 1990 was $45.8 billion; and

Whereas, the Kaiser study concluded that there is a significant potential for a reduction in health care expenditures through obesity prevention efforts; and

Whereas, there is an urgent need for state health care groups and medical societies to place obesity at the top of their health care agendas; and

Whereas, many physicians do not treat obesity because they mistakenly believe there is no treatment for it; and

Whereas, the National Institute of Health, the American Society for Bariatric Surgery, and the American Obesity Association recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and

Whereas, the diagnosis of morbid obesity should be a clinical decision made by a physician based on proper medical protocols; and

Whereas, the recent breakthroughs in drug therapy can treat obesity successfully and the New England Journal of Medicine recently emphasized the legitimate use of pharmacotherapy as a component of treatment of medically significant obesity; and

Whereas, the new breakthroughs in obesity treatment are not widely known and efforts must be made to inform the general public and health care professionals that pharmacotherapy can be used as an effective and cost-effective treatment for obesity; and


Printed Page 2351 . . . . . Tuesday, April 27, 1999

Whereas, there is also great concern regarding what effect obesity in children may have on overall health in children, health care costs for children, and treatment modalities to address the problem of obesity in children; and

Whereas, a study conducted by the Department of Health and Environmental Control is critical to raise the awareness of the public and private sectors that obesity is a disease of epidemic proportions that is treatable and that proper treatment will reduce health care costs and improve the quality of life for a large number of our citizens. Now, therefore,

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

That the South Carolina General Assembly, by this resolution, requests the Commissioner of the Department of Health and Environmental Control to study the effect of obesity in both adults and children on costly health complications such as diabetes, hypertension, heart disease, and stroke and other health complications in children, to make recommendations for improvement in awareness of the problem of obesity and suggested treatment modalities, and to report the findings of the study and recommendations to the General Assembly before the convening of the 2000 regular session.

Be it further resolved that a copy of this resolution be forwarded to the Commissioner of the Department of Health and Environmental Control.

Rep. WILDER explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

S. 656 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 656 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby, Rankin and Ravenel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.


Printed Page 2352 . . . . . Tuesday, April 27, 1999

Whereas, the State of South Carolina settled its litigation against the tobacco industry on November 23, 1998; and

Whereas, the federal government has declined to bring its own lawsuit against the tobacco industry; and

Whereas, the federal government through the Health Care Financing Administration has asserted that it is entitled to a significant share of the state settlement on the basis that it represents the federal share of Medicaid costs; and

Whereas, the federal government asserts that it is authorized and obligated, under the Social Security Act, to collect its share of any settlement funds attributable to Medicaid; and

Whereas, the state lawsuit was brought for violation of state law under state law theories, and the state lawsuit did not make any federal claims; and

Whereas, the State bore all the risk and expense in the litigation brought in state court, and settled without any assistance from the federal government; and

Whereas, the State is entitled to all of the funds negotiated in the tobacco settlement agreement without any federal claim. Now, therefore,

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

That the members of the General Assembly, do hereby respectfully memorialize the Congress of the United States and the Honorable William J. Clinton, President of the United States, to prohibit federal recoupment of state tobacco settlement recoveries.

Be it further resolved that copies of this resolution be transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of South Carolina.

The Concurrent Resolution was adopted and sent to the Senate.


Printed Page 2353 . . . . . Tuesday, April 27, 1999

MOTION PERIOD

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

S. 628 -- ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
Rep. HAWKINS moved to adjourn debate on the Joint Resolution until Tuesday, May 4, which was rejected.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 71; Nays 15

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barrett
Battle                 Breeland               Brown H.
Brown J.               Brown T.               Chellis
Clyburn                Cobb-Hunter            Cotty
Delleney               Edge                   Emory
Gamble                 Gilham                 Harrell
Harris                 Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Kelley
Kirsh                  Koon                   Leach
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod W.
Meacham                Miller                 Moody-Lawrence
Neal                   Ott                    Parks
Phillips               Rhoad                  Rice

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Riser                  Sandifer               Scott
Seithel                Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Townsend
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon

Total--71

Those who voted in the negative are:

Beck                   Cato                   Cooper
Davenport              Fleming                Hawkins
Klauber                Law                    Lee
Mason                  Neilson                Quinn
Robinson               Taylor                 Tripp

Total--15

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4002 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND DR. ANDREW J. CHISHOM OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE IN THE FIELD OF CRIMINAL JUSTICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.


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INTRODUCTION OF BILLS

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

H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Young-Brickell: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Referred to Committee on Judiciary

H. 4004 (Word version) -- Reps. Davenport, Clyburn, Cooper, J. Hines, Keegan, Lee, Limehouse, Neilson, Rice, Robinson, Sandifer, Sheheen, Simrill, J. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-79 SO AS TO REQUIRE A STATEMENT OF OBJECTIVES AND ANNUAL MEASURES OF PROGRESS FOR ATTAINING THESE OBJECTIVES FOR NEW RECURRING PROGRAMS IN THE ANNUAL GENERAL APPROPRIATIONS ACT AND FOR INCREASED APPROPRIATIONS FOR EXISTING RECURRING


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PROGRAMS ABOVE THE RATE OF INFLATION, TO PROHIBIT SUBSEQUENT APPROPRIATIONS FOR SUCH PROGRAMS FOR FOUR YEARS IF THE ANNUAL MEASURE OF PROGRESS IS NOT MET, AND TO REQUIRE THESE STATEMENTS TO BE APPROVED BY A JOINT STANDING COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP.
Referred to Committee on Ways and Means

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3899 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.

H. 3955 (Word version) -- Reps. Carnell, Wilkins, Allen, Haskins, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler,


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Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF HOLLY SELF DRUMMOND, LEADING SOUTH CAROLINIAN, GREENWOOD COUNTY NATIVE, AND WIFE OF OUR BELOVED COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JOHN W. DRUMMOND, AND EXTENDING DEEPEST SYMPATHY TO SENATOR DRUMMOND AND ALL THE MEMBERS OF THE SELF AND DRUMMOND FAMILIES.

H. 3959 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL IN ORANGEBURG COUNTY ON WINNING THE STATE 1999 CLASS AAA BOYS BASKETBALL CHAMPIONSHIP.

H. 3961 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE BROTHERHOOD ORGANIZATION OF FIRST WASHINGTON BAPTIST CHURCH OF LANCASTER FOR ITS "1999 MEN'S DAY OBSERVANCE" SCHEDULED FOR SUNDAY, APRIL 25, 1999.

H. 3962 (Word version) -- Reps. Koon, Riser, Gamble, Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber,


Printed Page 2358 . . . . . Tuesday, April 27, 1999

Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF COLONEL CLARENCE E. STUART OF PELION AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3976 (Word version) -- Rep. Neal: A CONCURRENT RESOLUTION CONGRATULATING THE PASTOR, OFFICERS, AND MEMBERS OF THE NEW LIGHT BEULAH BAPTIST OUTREACH CENTER IN RICHLAND COUNTY ON THE CELEBRATION OF ITS SECOND ANNIVERSARY OPEN HOUSE.

H. 3983 (Word version) -- Reps. Phillips, McCraw, Littlejohn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF THE HONORABLE NEWTON CHARLES TAYLOR,


Printed Page 2359 . . . . . Tuesday, April 27, 1999

A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM CHEROKEE COUNTY.

ADJOURNMENT

At 5:10 P.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Orr F. Thrasher of Easley, to meet at 10:00 A.M. tomorrow.

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