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


Printed Page 3263 . . . . . Tuesday, May 16, 2000

Tuesday, May 16, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Psalmist in Psalm 91:9f:

"Because you have made the Lord your refuge, the Most High

your dwelling place,

No evil shall befall you, no scourge come near your tent.

For He will command His angels concerning you to guard

you in all your ways,

On their hands they will bear you up..."
Let us pray.

Our Father, we lift up hearts of gratitude that last week you sent Your Angel to spare the life of Your servant, Harvey Peeler, when his exhausted body failed. Bless the medical people and return him soon to us. Sustain his family in their shock!

We do not pray for easy tasks, Lord; but, we do pray for strength of body, mind and spirit to do the work we are called to do!

Lead on O King Eternal!
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:

At-Large:

Susan R. Cole, 101 Lakeview Drive, Summerville, S.C. 29485 VICE Winfred S. Greene


Printed Page 3264 . . . . . Tuesday, May 16, 2000

Referred to the Committee on Education.

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1999, and to expire April 1, 2004:

At-Large:

Elizabeth B. Davis, P.O. Box 429, Orangeburg, S.C. 29116-0429

Referred to the Committee on Education.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:

3rd Congressional District:

Nancy Jo Thomason, P.O. Box 4025, Anderson, S.C. 29622 VICE Lesley M. White

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

4th Congressional District:

Roger Dean Finch, 1186 Holiday Dam Road, Greenville, S.C. 29654 VICE Harris G. Andrews

Referred to the Committee on Judiciary.

Local Appointments

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Elizabeth Cromer Epps, 510 South Bonham Road, Columbia, S.C. 29205


Printed Page 3265 . . . . . Tuesday, May 16, 2000

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Rebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223

Doctor of the Day

Senator LEATHERMAN introduced Dr. Thomas Stoughton of Florence, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator LEATHERMAN, at 12:15 P.M., Senator PEELER was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 12:15 P.M., Senator O'DELL was granted a leave of absence for today.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator DRUMMOND rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator BRYAN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.


Printed Page 3266 . . . . . Tuesday, May 16, 2000

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

RECESS

At 12:45 P.M., on motion of Senator FORD, the Senate receded from business not to exceed five minutes.

At 12:51 P.M., the Senate resumed.

Motion to Ratify Adopted

At 1:06 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:15 P.M.

There was no objection and a message was sent to the House accordingly.

Motion Adopted

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

RECALLED AND READ THE SECOND TIME

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

Senator HOLLAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.

There was no objection.

Senator HOLLAND asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senator HOLLAND asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.


Printed Page 3267 . . . . . Tuesday, May 16, 2000

On motion of Senator HOLLAND, the Joint Resolution was read the second time.

S. 1361--Ordered to a Third Reading

On motion of Senator HOLLAND, with unanimous consent, S. 1361 was ordered to receive a third reading on Wednesday, May 17, 2000.

RECALLED

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

Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

The Resolution was ordered placed on the Calendar for consideration tomorrow.

RECALLED, READ THE SECOND TIME

S. 1369 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000, BY STUDENTS OF J. N. KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.


Printed Page 3268 . . . . . Tuesday, May 16, 2000

Senator ALEXANDER asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senator ALEXANDER asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

On motion of Senator ALEXANDER, the Joint Resolution was read the second time.

S. 1369--Ordered to a Third Reading

On motion of Senator ALEXANDER, with unanimous consent, S. 1369 was ordered to receive a third reading on Wednesday, May 17, 2000.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1386 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULL-TIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.
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Read the first time and referred to the Committee on Judiciary.

S. 1387 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SERGEANT MATTHEW BRAXTON OF AIKEN PUBLIC SAFETY IN RECOGNITION OF HIS TALENT, CREATIVITY, AND EXPERTISE IN DEVELOPING THE WEB SITE FOR THE SECOND JUDICIAL CIRCUIT YOUTH COUNCIL.
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The Concurrent Resolution was adopted, ordered sent to the House.


Printed Page 3269 . . . . . Tuesday, May 16, 2000

S. 1388 (Word version) -- Senators Grooms, Mescher, McGill and Branton: A CONCURRENT RESOLUTION MEMORIALIZING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
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On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1389 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MISS CORTNI BRACKEN OF PICKENS COUNTY FOR HER TIRELESS INVOLVEMENT IN CHILDREN'S ISSUES, PARTICULARLY IN THE AREA OF PREVENTING CHILD ABUSE, AND FOR BEING NAMED MISS MID-STATE 2000.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1390 (Word version) -- Senators Anderson, Bryan, J. Verne Smith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE


Printed Page 3270 . . . . . Tuesday, May 16, 2000

BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE".
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The Concurrent Resolution was introduced and, on motion of Senator J. VERNE SMITH, ordered referred to the Greenville County Delegation.

S. 1390 -- Recalled

On motion of Senator ANDERSON, with unanimous consent, the Concurrent Resolution was recalled from the Greenville County Delegation.

The Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 1391 (Word version) -- Senators Wilson, Ravenel, Grooms, Mescher, Passailaigue, Ford and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED "NAVAL ARMED GUARDS DAY" IN SOUTH CAROLINA.
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On motion of Senator WILSON, with unanimous consent, he Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1392 (Word version) -- Senator Leventis: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000,


Printed Page 3271 . . . . . Tuesday, May 16, 2000

IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE CONSUMER AFFAIRS COMMISSION AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THE HONORABLE JAMES M. EAVES WHO HAS RESIGNED DUE TO FAMILY HEALTH REASONS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1393 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO HONOR AND COMMEND JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, UPON HIS RETIREMENT AFTER THIRTY YEARS OF TEACHING, COACHING, AND ADMINISTRATION AT THE SCHOOL, TO SALUTE HIS EFFORTS AND DEDICATION IN MAKING WALHALLA HIGH SCHOOL THE SUPERIOR PUBLIC SCHOOL INSTITUTION IT HAS BECOME, AND TO WISH HIM GODSPEED IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1394 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Bryan, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM ON BECOMING REGULAR SEASON SOUTHEASTERN CONFERENCE CHAMPIONS FOR 2000, AND SALUTING THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE


Printed Page 3272 . . . . . Tuesday, May 16, 2000

REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS IN REGARD TO THE ENACTING OF ZONING PLANS OR ORDINANCES BY A POLITICAL SUBDIVISION RELATING TO OUTDOOR ADVERTISING SIGNS.

Read the first time and, on motion of Senator LAND, with unanimous consent, ordered placed on the Calendar without reference.

H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.

Read the first time and referred to the Committee on Judiciary.


Printed Page 3273 . . . . . Tuesday, May 16, 2000

H. 5053 (Word version) -- Reps. Harvin, Breeland, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Jennings, Kennedy, Lee, M. McLeod, McMahand, Moody-Lawrence, J.H. Neal, F. Smith and Whipper: A CONCURRENT RESOLUTION COMMEMORATING THE FIFTIETH ANNIVERSARY OF THE FILING OF BRIGGS V. ELLIOTT, ONE OF THE ORIGINAL LAWSUITS THAT, ALONG WITH THREE OTHER SIMILAR CASES NATIONALLY, LED TO THE LANDMARK DECISION BY THE UNITED STATES SUPREME COURT IN 1954 THAT "SEPARATE BUT EQUAL" IS UNCONSTITUTIONAL IN PUBLIC EDUCATION IN AMERICA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5056 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF THURSDAY, MAY 4, 2000, MISSED BY THE STUDENTS OF BUFFALO ELEMENTARY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOMB THREAT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and referred to the Committee on Education.

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary polled out H. 3403 favorable with amendment:

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


Printed Page 3274 . . . . . Tuesday, May 16, 2000

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.

Poll of the Judiciary Committee
Polled 14; Ayes 14; Nays 0; Not Voting 4

AYES

Holland                   Saleeby                   McConnell
Moore                     Russell                   Glover
Gregory                   Jackson                   Martin
Mescher                   Rankin                    Elliott
Ryberg                    Short

TOTAL--14

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.

Ordered for consideration tomorrow.


Printed Page 3275 . . . . . Tuesday, May 16, 2000

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN


Printed Page 3276 . . . . . Tuesday, May 16, 2000

CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J.H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder, Young-Brickell, Miller and Robinson: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 4927 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.


Printed Page 3277 . . . . . Tuesday, May 16, 2000

CONCURRENCE

S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29 BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 1311 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1368 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BOY SCOUT TROOP 159 OF SIMPSONVILLE, SOUTH CAROLINA, UPON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE TROOP'S LEADERS, VOLUNTEERS, AND SUPPORTERS FOR PROVIDING THE SCOUTING PROGRAM TO THE YOUTH OF THE GOLDEN STRIP.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:


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H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

H. 3300 (Word version) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS; BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY OWNERS OF CERTAIN VEHICLES USED TO TRANSPORT STUDENTS OF THE PROVISIONS CONTAINED IN THIS ACT; TO AMEND SECTION 56-5-190, RELATING TO SCHOOL BUSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO SCHOOL BUSES TRANSPORTING STUDENTS TO BOTH


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PUBLIC AND PRIVATE SCHOOLS; AND TO AMEND SECTION 59-67-30, RELATING TO PAINTING AND MARKINGS ON SCHOOL BUSES, SO AS TO PROVIDE THE MARKINGS THAT MUST APPEAR ON A SCHOOL BUS THAT DOES NOT COMPLY WITH THE STATE'S REQUIREMENTS.

Senator LAND explained the Bill.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators RYBERG and RICHARDSON proposed the following amendment (4922R005.WGR), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:

/   SECTION   ____.   For any public school in Aiken County, during the sport season for soccer, a student who resides in Aiken County, while a member of a school soccer squad or team engaged in interscholastic soccer, may become a member of or participate in an organized soccer team which is independent of the school's control as long as the participation does not interfere with the scheduled week day league games of the school squad or team. A school or student in the county is not ineligible for participation in interscholastic soccer because of participation by a student as a member of an organized soccer team, which is independent of the school's control.

SECTION   ____.   For any public school in Beaufort County, during the sport season for soccer, a student who resides in Beaufort County,


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while a member of a school soccer squad or team engaged in interscholastic soccer, may become a member of or participate in an organized soccer team which is independent of the school's control as long as the participation does not interfere with the scheduled week day league games of the school squad or team. A school or student in the county is not ineligible for participation in interscholastic soccer because of participation by a student as a member of an organized soccer team, which is independent of the school's control.     /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senators HOLLAND, RANKIN and SALEEBY proposed the following amendment (4922EMS2), which was adopted:

Amend the bill, as and if amended, on page 2, lines 14 and 15 by striking lines 14 and 15 in their entirety and inserting:

/   and teachers of any school of the Darlington, Chesterfield, and Horry County School Districts during school year 1999-2000 when the schools were     /.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 5027 (Word version) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE ROAD (S-103) IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.


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The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senator SETZLER proposed the following amendment (5027R001.NGS), which was adopted:

Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting the following:

/     TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD FROM HIGHWAY 321 UNTIL THE INTERSECTION WITH PINE RIDGE DRIVE IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.

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

SECTION   1.   The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway.

SECTION   2.   This joint resolution takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator SETZLER spoke on the Joint Resolution.

There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:


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

S. 1370 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.

Senator MOORE explained the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator BRYAN proposed the following amendment (JUD3086.001), which was adopted:


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Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 61-6-180 of the 1976 Code is amended to read:

"Section 61-6-180.   (A)   A person who intends to apply for a license under this article or Article 7 of this chapter must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, or and community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in the legal notice section of the paper or in an equivalent section if the newspaper has no legal notice section, be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for, and the exact location at which the proposed business is to be operated. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

(B)   Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(1)   state the type of license sought;

(2)   state where an interested person may protest the application;

(3)   be in bold type;

(4)   cover a space at least eleven twelve inches wide and eight and one-half eighteen inches high; and

(5)   be posted and removed by an agent of the division.

The provisions of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for a renewal of his license to engage in the same business at the same location."

SECTION   2.   This act takes effect upon approval by the Governor and applies with respect to license applications filed on and after that date.     /

Renumber sections to conform.

Amend title to conform.


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Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

H. 4512 (Word version) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO MODIFY THE LIMITATION ON THE AMOUNT OF PLANT IMPROVEMENT BONDS WHICH MAY BE ISSUED.

H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.

H. 5026 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD4767.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 6-9-120 of the 1976 Code is amended to read:

"Section 6-9-120.   Nothing in this chapter affects landscape irrigation systems, except those where chemical concentrates are directly injected, water systems, or sewer systems in this State."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

OBJECTION

H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE


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CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.

Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.

Senator THOMAS objected to further consideration of the Bill.

CARRIED OVER

S. 1224 (Word version) -- Senators Passailaigue, McConnell and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223A SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, TO PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO ALLOW THE ORDINANCE TO APPLY RETROACTIVELY, AND TO REPEAL SECTION 12-37-223.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

CARRIED OVER

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST


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

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 16, 2000, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R300, S. 437 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS, AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS, AND PROVIDE FOR


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RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.
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(R301, S. 571 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
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(R302, S. 703 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY


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ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
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(R303, S. 1054 (Word version)) -- Senators Grooms and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132 SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
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(R304, S. 1130 (Word version)) -- Senator Leventis: AN ACT 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 IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO, AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER 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; AND TO PROVIDE THAT


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TRAINING REQUIRED PURSUANT TO THIS ACT MUST BE COMPLETED WITHIN EIGHTEEN MONTHS OF THIS ACT'S EFFECTIVE DATE.
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(R305, S. 1210 (Word version)) -- Senator Short: AN ACT TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1999, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
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(R306, S. 1212 (Word version)) -- Senator J. Verne Smith: AN ACT TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
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(R307, S. 1263 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
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(R308, S. 1331 (Word version)) -- Senator Waldrep: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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(R309, S. 1332 (Word version)) -- Senators Ryberg and Wilson: AN ACT TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996 AS A RESULT OF A FELONY COMMITTED AGAINST THE EMPLOYEE AND TO LIMIT THIS TUITION TO UNDERGRADUATE COURSES OR CURRICULUM; AND BY ADDING SECTION 59-111-145 TO DEFINE "GOVERNMENT EMPLOYEE" FOR PURPOSES OF THE TUITION PAYMENTS AUTHORIZED BY THIS ACT AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
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(R310, H. 3699 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES, TO INCREASE THE HOMESTEAD PROPERTY TAX EXEMPTION


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FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE BLIND OR PERMANENTLY AND TOTALLY DISABLED, FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD, AND PROVIDE THE SOURCE OF THE FUNDS TO REIMBURSE LOCAL PROPERTY TAXING ENTITIES FOR THE REVENUES NOT COLLECTED BECAUSE OF THE INCREASED EXEMPTION, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-640, SO AS TO PROVIDE THE PURPOSE OF MONIES GRANTED TO THE COMMISSIONERS OF PILOTAGE AND PROVIDE THAT THESE GRANT FUNDS ARE NOT SUBJECT TO STATE INCOME TAX; BY ADDING CHAPTER 130 IN TITLE 44, RELATING TO HEALTH, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
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(R311, H. 3741 (Word version)) -- Reps. Sharpe, Wilkes and Davenport: AN ACT TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES


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A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND, TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO CONFORM TO THESE CHANGES, WHEN ECONOMICALLY AND PRACTICALLY FEASIBLE.
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(R312, H. 3782 (Word version)) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: AN ACT TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" 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 GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER MAY 31, 2001, TO PROVIDE A CAP ON THIS CREDIT AND 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, BY ADDING ARTICLE 11 IN CHAPTER 3 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


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LANDS AND CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY, TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTIONS 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 OR DONATION OF LAND 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; TO AMEND SECTION 12-36-130, RELATING TO THE DEFINITION OF THE TERM "SALES PRICE" FOR SALES AND USE TAX PURPOSES, SO AS TO DEFINE SALES PRICE FOR PURPOSES OF THE SALE OF AN "AUDIOVISUAL MASTER", AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT THE SALE OF AUDIOVISUAL MASTERS MADE OR USED BY A PRODUCTION COMPANY MAKING VISUAL AND AUDIO IMAGES FOR FIRST GENERATION REPRODUCTION, AND TO WAIVE TAXES, PENALTIES, AND INTEREST DUE ON SALES AND USE TAX UNDER PAYMENTS RELATING TO PRIOR TRANSACTIONS ARISING FROM THE SALE OR USE OF AUDIOVISUAL MASTERS; TO AMEND SECTION 4-12-10 AND SECTION 4-12-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF FEES IN LIEU OF TAXES AND THE APPLICATION OF THE FEE TO ELIGIBLE PROJECTS, SO AS TO EXTEND THE BENEFITS OF SUCH FEE AGREEMENTS TO SPONSORS AND SPONSOR AFFILIATES OF THE PROJECTS RATHER THAN A SINGLE ENTITY, AND TO ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO INVESTORS, AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS, AND TO AMEND SECTIONS 12-44-30, AS AMENDED, 12-44-40, 12-44-120, AND 12-44-130, RELATING TO DEFINITIONS, TRANSFER OF INTERESTS, TERMINATION OR

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AMENDMENT, AND MINIMUM INVESTMENT REQUIREMENTS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ELIMINATE THE SINGLE ENTITY REQUIREMENT FOR A SPONSOR AND ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO SPONSORS AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS; BY ADDING SECTION 12-37-223A SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, TO PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO ALLOW THE ORDINANCE TO APPLY RETROACTIVELY, TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES AND OBJECTIONS THERETO, SO AS TO INCLUDE VALUES AS LIMITED UNDER SECTION 12-37-223A ABOVE AS PART OF WHAT THESE ASSESSMENT NOTICES MUST CONTAIN, IF APPLICABLE, AND TO REPEAL SECTION 12-37-223, RELATING TO AUTHORIZATIONS TO A COUNTY TO LIMIT INCREASES IN THE VALUE OF REAL PROPERTY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDIT, SO AS TO INCLUDE AND DEFINE A "TECHNOLOGY INTENSIVE FACILITY" AS A QUALIFYING FACILITY, TO ADD SECTION 12-6-3415 SO AS TO PROVIDE AN INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENDITURES, TO AMEND SECTION 12-10-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT FOR THE ENTERPRISE ZONE ACT OF 1995, SO AS TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES, TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR THE ENTERPRISE ZONE ACT, SO AS TO DEFINE "TECHNOLOGY EMPLOYEE", TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO A JOB DEVELOPMENT CREDIT UNDER THE ENTERPRISE ZONE ACT, SO AS TO INCLUDE EMPLOYEE RELOCATION EXPENSES ASSOCIATED WITH NEW OR EXPANDED TECHNOLOGY INTENSIVE FACILITIES AND RETRAINING EXPENSES FOR TECHNOLOGY EMPLOYEES, TO

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AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO MAXIMUM SALES AND USE TAX, SO AS TO DELETE THE CAP ON TAX FOR THE SALE OR USE OF MACHINERY FOR RESEARCH OR DEVELOPMENT, AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, AND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE SALES TAX AND PROPERTY TAX MACHINES USED DIRECTLY AND PRIMARILY FOR RESEARCH AND DEVELOPMENT.
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(R313, H. 4271 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
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(R314, H. 4304 (Word version)) -- Rep. Bailey: AN ACT TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.
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(R315, H. 4340 (Word version)) -- Reps. Breeland and Whipper: AN ACT TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE; AND TO AMEND SECTION 56-3-780, AS AMENDED, RELATING TO THE ISSUANCE OF PERMANENT LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY FOR MOTOR VEHICLES OPERATED BY THE STATE, ITS POLITICAL SUBDIVISIONS, AND THE CIVIL AIR PATROL, AND THE TRANSFERABILITY OF THESE LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMANENT LICENSE PLATE TO VEHICLES USED BY STATE OR LOCAL LAW ENFORCEMENT AGENCIES FOR A FEE OF TWO DOLLARS, AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A DECAL TO DESIGNATE THE LAW ENFORCEMENT AGENCY ISSUED THE DECAL AND CHARGE A FEE TO COVER THE COST OF THE DECAL.
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(R316, H. 4450 (Word version)) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: AN ACT TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR


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COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT, AND TO ALLOW SALES BY LESSORS TO LESSEES AND ELECTRONIC REFERRALS BY WAY OF A MANUFACTURER'S OR FRANCHISOR'S WEBSITE; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP WITHIN A TEN-MILE RADIUS OF THE CURRENT DEALERSHIP, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND ALLOW FOR REIMBURSEMENT OF A CLAIM PAYMENT IF THE CLAIM IS MATERIALLY DEFECTIVE; BY ADDING SECTION 56-15-85 SO AS TO PROVIDE FOR THE ELECTRONIC SALE OF MOTOR VEHICLES TO CONSUMERS IN THIS STATE BY A DEALERSHIP LOCATED IN THIS STATE; BY ADDING SECTION 56-15-140 SO AS TO PROVIDE FOR VENUE FOR ACTIONS FILED PURSUANT TO THIS ACT IN THIS STATE, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY; AND BY ADDING SECTION 56-19-490 SO AS TO REQUIRE THAT THE TITLE OF A MOTOR VEHICLE REFLECT THAT IT WAS RETURNED TO A MANUFACTURER PURSUANT TO A "LEMON LAW" OR SIMILAR PROCEEDING.
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(R317, H. 4558 (Word version)) -- Reps. J. Smith, Lourie, Hawkins and Klauber: AN ACT TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE


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SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF THE UNITED STATES CODE AND THIS SECTION; TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES; TO AMEND SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO DELETE THE PROVISION THAT THE BOARD SERVE AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES AND FUNCTIONS OF THE VETERANS' TRUST FUND, SO AS TO CHANGE THE DUTIES AND FUNCTIONS OF THE BOARD RELATING TO HOW MONIES IN THE FUND MUST BE DISBURSED FROM RECOMMENDING HOW MONIES IN THE FUND MUST BE DISBURSED TO DECIDING HOW MONIES IN THE FUND MUST BE DISBURSED; AND TO AMEND SECTION 25-21-40, RELATING TO AVAILABILITY OF FUNDS FOR DISBURSEMENT FROM THE VETERANS' TRUST FUND, SO AS TO CHANGE THE PROVISION THAT FUNDS AVAILABLE FOR DISBURSEMENT SHALL BE DISBURSED UPON AUTHORIZATION OF THE VETERANS' AFFAIRS DIVISION AND PROVIDE THAT FUNDS AVAILABLE FOR DISBURSEMENT SHALL BE DISBURSED UPON AUTHORIZATION OF THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND.
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(R318, H. 4650 (Word version)) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: AN ACT TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


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ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO AMEND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT, OR CONVICTED OF, OR PLED GUILTY TO ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE FOR THE SCHOLARSHIP AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA, AND TO STRIKE THE REQUIREMENT THAT THE DEPARTMENT OF EDUCATION ISSUE CERTIFICATES TO SCHOLARSHIP RECIPIENTS; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, ALL SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT, BEEN CONVICTED OF, OR PLED GUILTY TO ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF, OR PLED GUILTY TO ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA; TO AMEND SECTION 59-118-30, AS AMENDED, RELATING TO DEFINITIONS IN THE ACADEMIC ENDOWMENT INCENTIVE ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS

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COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
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(R319, H. 4710 (Word version)) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
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(R320, H. 4730 (Word version)) -- Reps. Rhoad, Sharpe, Seithel and Hayes: AN ACT TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS OF TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING


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THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
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(R321, H. 4946 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT


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NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R322, H. 4962 (Word version)) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R323, H. 4966 (Word version)) -- Reps. Maddox, Allen, Martin and Townsend: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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(R324, H. 4974 (Word version)) -- Reps. Keegan and Miller: AN ACT TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
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THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford,


Printed Page 3304 . . . . . Tuesday, May 16, 2000

Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.

On motion of Senator McCONNELL, the Bill was carried over, with Senator PASSAILAIGUE retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

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

Senator MOORE asked unanimous consent to make a motion to make the Bill a Special Order.

Senator HUTTO objected.

The question then was the motion to make the Bill a Special Order.


Printed Page 3305 . . . . . Tuesday, May 16, 2000

Senator MOORE explained the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 7

AYES

Alexander                 Bauer                     Branton
Bryan                     Courson                   Drummond
Elliott *                 Fair                      Giese
Gregory                   Grooms                    Hayes
Holland                   Land                      Leatherman
Martin                    McConnell                 McGill *
Mescher                   Moore                     O'Dell *
Passailaigue              Patterson                 Peeler *
Rankin                    Ravenel                   Reese
Richardson                Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Wilson

Total--35

NAYS

Anderson                  Ford                      Glover
Hutto                     Jackson                   Matthews
Washington *

Total--7

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was made a Special Order.

MADE SPECIAL ORDER

H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips,


Printed Page 3306 . . . . . Tuesday, May 16, 2000

Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.

On behalf of the Chairmen's Committee, Senator MOORE moved that the Bill be made a Special Order.

The Bill was made a Special Order.

EXECUTIVE SESSION

On motion of Senator DRUMMOND, the seal of secrecy was removed so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having been reported favorably from Executive Session, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Linda Cambell Kidd, 106 South Maple Street, McCormick, S.C. 29835 VICE Cary H. Hall, Jr.


Printed Page 3307 . . . . . Tuesday, May 16, 2000

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1999, and to expire June 9, 2002:

Long Term Care Council:

Brown McCallum, Presbyterian Home of South Carolina, 201 West Ninth North Street, Summerville, S.C. 29483

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1999, and to expire June 9, 2002:

Community Residential Care Administrator:

Merry Anne Gaddy, 212 Lakeview Drive, Summerville, S.C. 29485

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:

4th Congressional District:

C. Diane Smock, 21 Pinckney Street, Greenville, S.C. 29601 VICE Lisa H. Stevens

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1996, and to expire March 21, 2001:

3rd Congressional District:

George C. Wilson, P.O. Box 157, Donalds, S.C. 29638 VICE Herman G. Green

Initial Appointment, South Carolina State Board of Pharmacy, with term to commence June 30, 2000, and to expire June 30, 2006:

6th Congressional District:

Terry T. Lewis, Medicap Pharmacy, 203 South Main Street, Darlington, S.C. 29532 VICE R. T. "Tenny" Moss, Jr.

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1998, and to expire June 30, 2002:

4th Congressional District:

Jane W. Daniel, 107 East Shallowstone Road, Greer, S.C. 29650 VICE Mary Lynn Melton

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1997, and to expire June 30, 2001:


Printed Page 3308 . . . . . Tuesday, May 16, 2000

2nd Congressional District:

Louise A. McFarland, 6362 Goldbranch Road, Columbia, S.C. 29206 VICE Cecilia Aversa

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006:

At-Large:

Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209

Statement by Senator HAYES

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator WILSON

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator RANKIN

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator LAND

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator HOLLAND

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.


Printed Page 3309 . . . . . Tuesday, May 16, 2000

Statement by Senator HUTTO

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator SALEEBY

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator WALDREP

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Statement by Senator BRYAN

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Holly Saleeby Atkins to the Workers' Compensation Commission.

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1999, and to expire June 30, 2003:

4th Congressional District:

James E. Talley, 482 South Irwin St., Spartanburg, S.C. 29303 VICE Frederick D. Hobby

Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division, with term to commence June 30, 1997, and to expire June 30, 2001:

5th Congressional District:

Sandra Marie Redmon, 25038 Timberlake Dr., Tega Cay, S.C. 29715


Printed Page 3310 . . . . . Tuesday, May 16, 2000

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Elizabeth Cromer Epps, 510 South Bonham Road, Columbia, S.C. 29205

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Deanne C. Jolly, 7421 Parkview Drive, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Rebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223

MOTION ADOPTED

On motion of Senators McCONNELL and PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eugene Oswald Bailey and his wife, Mrs. Rebecca M. Bailey, both of Charleston, beloved parents of former Representative James J. Bailey and his brothers, Thomas H. Bailey, Larry Bailey, Donald A. Bailey, and Steven E. Bailey.

ADJOURNMENT

At 1:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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