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

Thursday, April 6, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Almighty God, before Whose greatness we stand and into Whose presence we bow. Make clear our minds that we carry the responsibility of service to You and to our people. Help us eliminate all unworthy motives of service. Give to every person here the conviction that You are God and there is none other beside You. Make us to remain instruments in Your hand to stem the tide of evil and to administer justice and goodness and so fulfill Your will. We praise You, Lord God, from Whom all blessing flow. Amen.

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

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 6, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators LEATHERMAN, MCGILL and GLOVER of the Committee of Conference on the part of the Senate on S. 1034:

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4854 (Word version) -- Reps. Robinson, Koon, Limehouse, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Frye, Gamble, Gilham, Hamilton, Harrell, Harvin, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MOTOR VEHICLE PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLE AND MOTORCYCLES WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 1204 (Word version) -- Senators Drummond, Leventis and Hayes: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4290 (Word version) -- Reps. Walker, Stille, Wilder, Klauber, Bales, J. Smith, Barrett, Cotty, Hawkins, Harvin, Rodgers, Hamilton and Leach: A BILL TO AMEND ARTICLE 6, CHAPTER 111 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ONE-HALF TUITION CHARGES FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD TO ATTEND STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING OR TECHNICAL COLLEGES, SO AS TO PROVIDE A FULL TUITION EXEMPTION FOR UP TO FIFTEEN CREDIT HOURS A SEMESTER INSTEAD OF TWELVE, TO PROVIDE THE TUITION EXEMPTION SHALL NOT BE ON A SPACE AVAILABLE BASIS, TO PROVIDE THAT THE CREDIT HOURS EARNED BY THESE STUDENTS SHALL BE USED IN HIGHER EDUCATION FORMULAS FOR FUNDING, AND TO FURTHER PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THIS TUITION EXEMPTION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4567 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS FOR THE MONEY OF POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO AUTHORIZE PRINCIPAL PROTECTED INVESTMENTS IN THE FORM OF NOTES, BONDS, GUARANTEED INVESTMENT CONTRACTS, DEBENTURES, OR OTHER CONTRACTS WHICH PROVIDE FOR FULL PRINCIPAL PAYMENT AT THE END OF A CONTRACT TERM NOT TO EXCEED TWELVE YEARS ISSUED BY BANKS CHARTERED IN THE UNITED STATES OR THEIR AGENCIES, OTHER FINANCIAL INSTITUTIONS, INSURANCE COMPANIES, OR OTHER ENTITIES HAVING RECEIVED A CREDIT RATING IN ONE OF THE THREE HIGHEST GENERAL RATING CATEGORIES OF SUCH RATINGS BY NO FEWER THAN TWO NATIONALLY RECOGNIZED CREDIT RATING ORGANIZATIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille, Young-Brickell and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4884 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. AND MRS. JOSEPH WILLIAMS OF RICHLAND COUNTY FOR THE WONDROUS AND JOYOUS EVENT OF CELEBRATING THEIR FIFTY-THIRD WEDDING ANNIVERSARY ON APRIL 12, 2000.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1285 (Word version) -- Senators Wilson, Hayes, Branton, Leventis and Ravenel: A CONCURRENT RESOLUTION DESIGNATING APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN HONOR OF THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND IN GRATITUDE FOR THEIR OUTSTANDING SERVICE AND MANY SACRIFICES.

Whereas, over 11,000 South Carolinians are proudly serving as citizen-soldiers and airmen in the South Carolina National Guard in over seventy-seven communities throughout the Palmetto State; and

Whereas, these dedicated men and women are serving our nation and our State at home and abroad as a force for global security, state emergency support, and community support; and

Whereas, during the past year South Carolina National Guard soldiers and airmen participated in the following operations:

(1)     Operation Southern Watch, wherein a South Carolina Army National Guard aviation task force (Task Force 151) was deployed to Kuwait as a deterrent force to Iraqi aggression;

(2)     Operation Northern Watch, wherein the South Carolina Air National Guard's 169th Fighter Wing deployed to Turkey as part of an Air Expeditionary Force flying combat missions over northern Iraq;

(3)     Operation Horizontes Nuevos, wherein South Carolina Army National Guard engineers built schools and clinics to restore hope in the nation of Honduras, which was ravaged by Hurricane Mitch; and

(4)     Operation Joint Guardian, wherein the South Carolina Army National Guards' 792nd Army Oil Analysis Program Laboratory deployed to Macedonia in support of NATO operations in Kosovo; and

Whereas, during the past year several thousand South Carolina Army and Air National Guardsmen were called to state active duty in support of civil authorities during the approaches of hurricanes Dennis and Floyd and in the wake of extensive flooding in Horry County; and

Whereas, the South Carolina National Guard is involved in numerous community support programs including:

(1)     The Youth Challenge Academy, a program for at-risk youth in partnership with the Wil Lou Gray Opportunity School;

(2)     The Counter-Drug Program, which provides support to federal, state, and local law-enforcement agencies in the war against illicit drugs in the form of reconnaissance helicopters, intelligence analysts, case investigators, mail inspectors, and technical support personnel; and

(3)     The Wateree Swamp National Monument Project, wherein the South Carolina Air National Guard, in concert with Air National Guard construction units from throughout the United States, has constructed a new visitor's center and has undertaken countless smaller engineering projects throughout the State of South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates April 12, 2000, as "South Carolina National Guard Appreciation Day" in honor of the men and women proudly serving in the South Carolina National Guard and in gratitude for their outstanding service and many sacrifices.

Be it further resolved that copies of this resolution be forwarded to Major General Stan Spears, Adjutant General of South Carolina, and to H. Wayne Beam, Ph.D., of Beam, Shannon and Associates, P.O. Box 11863, Columbia, South Carolina 29211-1863.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1312 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO FULLY FUND THE RICKY RAY HEMOPHILIA RELIEF FUND ACT FOR HIV VICTIMS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4885 (Word version) -- Reps. Davenport and Walker: A CONCURRENT RESOLUTION CONGRATULATING THE COMMUNITIES OF THE BOILING SPRINGS AREA FOR THEIR LONGSTANDING PARTNERSHIP IN EXCELLENCE WITH BOILING SPRINGS HIGH SCHOOL WHICH HAS BEEN HONORED BY RECEIVING THE CAROLINA FIRST PALMETTO'S FINEST AWARD FOR THE YEAR 2000.

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:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Campsen                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Robinson               Sandifer
Scott                  Sharpe                 Sheheen
Smith, D.              Smith, R.              Stille
Taylor                 Tripp                  Trotter
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 Thursday, April 6.

Alex Harvin                       H.B. "Chip" Limehouse
James Smith                       Chip Huggins
William Clyburn                   Edith Rodgers
Clementa Pinckney                 David Mack
Gary Simrill                      Fletcher Smith
Anthony Harris                    Joseph Neal
Lonnie Hosey                      Steve Lanford
Lynn Seithel                      Chuck Allen
Timothy Wilkes                    Jackson Whipper
Ralph Canty
Total Present--114

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence for the day due to illness and hospitalization.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence for the day to attend a briefing in Washington by Congressional leaders and to pay her respects at the grave of her husband, Col. Clarence E. Stuart, at Arlington National Cemetery where his marker was recently erected.
.

DOCTOR OF THE DAY

Announcement was made that Dr. John L. Eady of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. RISER and the Lexington Delegation presented to the House the Lexington High School "Wildcats" Team, 1999-2000 Class AAAA State Basketball Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. LOURIE presented to the House the outstanding 2000 youth of the year candidates of the Boys and Girls Clubs of South Carolina for their dedication and contributions to our communities.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:     H. 3927 (Word version)
Date:     ADD:
04/06/00     KNOTTS

CO-SPONSOR ADDED

Bill Number:     H. 4852 (Word version)
Date:     ADD:
04/06/00     KNOTTS

CO-SPONSOR ADDED

Bill Number:     H. 4852 (Word version)
Date:     ADD:
04/06/00     WHATLEY

CO-SPONSOR ADDED

Bill Number:     H. 4710 (Word version)
Date:     ADD:
04/06/00     KNOTTS

CO-SPONSOR ADDED

Bill Number:     H. 4710 (Word version)
Date:     ADD:
04/06/00     WHATLEY

CO-SPONSOR ADDED

Bill Number:     H. 4571 (Word version)
Date:     ADD:
04/06/00     KNOTTS

CO-SPONSOR REMOVED

Bill Number:     H. 4512 (Word version)
Date:     REMOVE:
04/06/00     RICE

ORDERED TO THIRD READING

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

H. 4869 (Word version) -- Rep. Harris: A BILL TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

H. 4869--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 4869 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 4444 (Word version) -- Reps. Robinson, Wilkins, Quinn, Barfield, Barrett, H. Brown, Chellis, Cotty, Dantzler, Fleming, Gamble, Gilham, Hamilton, Harrell, Harrison, Hinson, Huggins, Keegan, Koon, Law, Leach, Martin, Meacham-Richardson, Riser, Rodgers, Sandifer, D. Smith, Stuart, Taylor, Walker, Young-Brickell, Whatley, Tripp, Cooper, Seithel, Allison, Altman, Beck, Campsen, Cato, Davenport, Easterday, Edge, Haskins, Kelley, Knotts, Lanford, Limehouse, Loftis, Lucas, McGee, McKay, Perry, Rice, Sharpe, Simrill, R. Smith, Trotter, Vaughn, Webb, Witherspoon, Woodrum and Frye: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.

H. 4338 (Word version) -- Reps. Wilkins, Robinson, Harrison, Sandifer, Quinn, Huggins, Lanford, Harrell, H. Brown, Barrett, Vaughn, Riser, Cooper, Cato, D. Smith, Haskins, Witherspoon, Townsend, Leach, Allison, Altman, Campsen, Chellis, Hinson, Klauber, Loftis, Rice, Taylor, Littlejohn, Cotty, Walker, Easterday, Kirsh, Gamble, McGee, Meacham-Richardson, Gilham, Rodgers, Knotts and Whatley: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.

H. 3090 (Word version) -- Reps. Altman and Rodgers: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.

H. 4416 (Word version) -- Reps. Kelley, Robinson, Riser and Carnell: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION.

H. 4818 (Word version) -- Reps. Harrell and M. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; AND TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM.

H. 4783 (Word version) -- Reps. Harris, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.

H. 4860 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

H. 3875--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3875 (Word version) -- Reps. Robinson and H. Brown: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GENERAL TAX INCREASES OR NEW GENERAL TAXES IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR IN SUPPLEMENTAL APPROPRIATIONS ACTS, SO AS TO PROHIBIT IN SUCH ACTS ANY PERMANENT LAW PROVISIONS AFFECTING THE VARIOUS STATE RETIREMENT SYSTEMS.

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name B21\3875.1), which was tabled:
Amend the bill, as and if amended, by deleting the words "affecting the various state retirement systems provided in Title 9" on lines 35 and 36.
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 50; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Brown, G.              Brown, H.              Campsen
Chellis                Dantzler               Edge
Frye                   Harrell                Harrison
Haskins                Hawkins                Hayes
Hinson                 Keegan                 Kelley
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 McGee
McKay                  McLeod, M.             Perry
Riser                  Robinson               Sandifer
Sharpe                 Smith, D.              Smith, R.
Taylor                 Tripp                  Trotter
Walker                 Webb                   Whatley
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--50

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, J.
Cato                   Cotty                  Davenport
Delleney               Easterday              Emory
Gamble                 Gourdine               Govan
Harvin                 Hines, J.              Inabinett
Kennedy                Kirsh                  Lourie
Lucas                  Martin                 McCraw
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Parks                  Phillips
Rhoad                  Rice                   Rutherford
Scott                  Sheheen                Smith, J.
Stille                 Wilder

Total--41

So, the amendment was tabled.

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

H. 3875--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ROBINSON, with unanimous consent, it was ordered that H. 3875 be read the third time tomorrow.

H. 4852--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4852 (Word version) -- Reps. Neilson, Frye, Gamble, J. Hines, M. Hines, Hosey, Howard, Kelley, Lucas, Scott, Stuart, W. McLeod, Rhoad, Knotts and Whatley: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE HOMESTEAD EXEMPTION SHALL BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.

Rep. NEILSON proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9481HTC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION     1.     Section 12-37-250 of the 1976 Code, as last amended by Act 107 of 1997, is further amended by adding a new paragraph at the end:

"The dollar amount of the homestead exemption provided for herein shall be adjusted annually beginning in 2000 by the Comptroller General to reflect any percentage increase in the prior year's consumer price index for the southeast region as published by the United States Department of Labor."
SECTION     2.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. NEILSON explained the amendment.
Rep. BALES spoke against the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Bill was out of order under Code Section 2-7-76 in that a revised fiscal impact statement was not attached to the Bill.
SPEAKER WILKINS stated that the fiscal impact statement which was attached to the Bill had been revised to reflect the Bill as presently amended. He overruled the Point of Order.

Rep. BALES spoke against the amendment.

Reps. HARRELL, SANDIFER, HINSON, WOODRUM, YOUNG-BRICKELL, WITHERSPOON, BALES, OTT, KNOTTS, RISER, CLYBURN, KELLEY, MARTIN, W. MCLEOD, RHOAD, WILDER, ALLISON, MOODY-LAWRENCE, R. SMITH, DAVENPORT, NEILSON and J. HINES requested debate on the Bill.

S. 85--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

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

H. 4710--POINT OF ORDER

The following Joint Resolution was taken up:

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 INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; 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.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Joint Resolution 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. 4748--POINT OF ORDER

The following Bill was taken up:

H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.

POINT OF ORDER

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

H. 4730--POINT OF ORDER

The following Bill was taken up:

H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS 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 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.

POINT OF ORDER

Rep. KIRSH 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. 4618--POINT OF ORDER

The following Bill was taken up:

H. 4618 (Word version) -- Reps. Sharpe, Davenport and Wilkes: A BILL TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.

POINT OF ORDER

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

H. 4571--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.

Rep. WITHERSPOON explained the Bill.

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

H. 3782--POINT OF ORDER

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

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: 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 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.

POINT OF ORDER

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

H. 4138--SENATE AMENDMENTS CONCURRED IN

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

H. 4138 (Word version) -- Reps. Askins, Leach and R. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41-51 IN FLORENCE COUNTY AND WILLIAMSBURG COUNTY AS THE "W. ODELL VENTERS HIGHWAY" IN HONOR OF THE HONORABLE W. ODELL VENTERS WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF FLORENCE WITH DISTINCTION AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR FIFTEEN YEARS; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

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

H. 4491 (Word version) -- Reps. Campsen, Edge, Wilkins, Allison, Altman, Barfield, Barrett, Beck, Cato, Cotty, Delleney, Easterday, Frye, Gilham, Hamilton, Harris, Harrison, Haskins, Huggins, Jennings, Leach, Limehouse, Loftis, Lucas, McGee, Meacham-Richardson, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.

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 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.

S. 1284--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1284 (Word version) -- Senators J. V. Smith, Thomas, Bryan, Fair and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REPLACEMENT OVERPASS BRIDGE THAT CROSSES THE NORFOLK-SOUTHERN RAILROAD TRACKS ON SUBER ROAD IN THE CITY OF GREER IN HONOR OF THE HONORABLE LEWIS RAYMOND VAUGHN AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

Whereas, The Honorable Lewis Raymond Vaughn was first elected to represent Greenville County in the South Carolina House of Representatives in 1988 and has continuously served his constituents with distinction from that date to the present; and

Whereas, since 1995, he has served as Chairman of the Greenville County Legislative Delegation and as Chairman of the House Operations and Management Committee; and

Whereas, for the past forty-five years he has been faithfully married to his wife, Lila; and

Whereas, Representative Vaughn is deeply committed to providing a quality education to all children in South Carolina and addressing both the needs of Greenville County and those of our great State; and

Whereas, Representative Vaughn has devoted considerable time and effort toward successfully securing funding and the construction of a much needed replacement overpass bridge along Suber Road in the City of Greer that crosses Norfolk-Southern Railroad tracks; and

Whereas, because of his many years of service to Greenville County and the State of South Carolina, it is appropriate and fitting to name this bridge in his honor. Now, therefore,

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

That the General Assembly of the State of South Carolina requests that the Department of Transportation name the replacement overpass bridge on Suber Road in the City of Greer that crosses Norfolk-Southern Railroad tracks in honor of The Honorable Lewis Raymond Vaughn and to erect appropriate markers or signs reflecting this designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 23--RECOMMITTED

The following Bill was taken up:

S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11854AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     This act may be cited as the "Military Selective Service Registration Awareness and Compliance Act".
SECTION     2.     The 1976 Code is amended by adding:

"Section 1-1-560.     (A)     No male person who has attained the age of eighteen years who is not in compliance with the Military Selective Service Act is eligible for employment by or service with the State or a political subdivision of the State, including all boards and commissions, departments, agencies, institutions, and instrumentalities of the State.

(B)     All officials having charge of and authority over the hiring of employees by the State or a political subdivision of the State shall verify whether or not an applicant is in compliance with the Military Selective Service Act.

(C)     This section does not apply to a person who is twenty-six years of age or older on July 1, 2000."
SECTION 3.     The 1976 Code is amended by adding:

"Section 59-101-375.     (A)     For purposes of this section:
(1) 'Person' means a male person upon reaching his eighteenth birthday and until reaching the age of twenty-six;
(2) 'Military Selective Service Act' means 50 United States Code Annotated Appendix Section 451, et seq. (3)

(B)     A person may not register for a class or classes in a state-supported institution of postsecondary higher education unless he is in compliance with the Military Selective Service Act.

(C)     A person may not receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education funded by state revenue, including federal funds or gifts and grants accepted by this State, or receive a student loan guaranteed by this State unless he is in compliance with the Military Selective Service Act.

(D)     Beginning with the fall semester of the year 2000, a person registering for a class or classes at or applying for financial assistance to attend an institution of postsecondary higher education shall affirm that he is in compliance with the Military Selective Service Act on a form prescribed by the institution of higher education or the entity guaranteeing or granting the financial assistance, including student loans. The person having charge of and authority over registration to state supported institutions of postsecondary higher education and the person having charge of and authority over financial assistance, respectively, shall verify that registrants or applicants, as the case may be, have signed the form affirming compliance with the Military Selective Service Act.

(E)     This section does not apply to a person:

(1)     who is exempt from or for whom the requirement to register pursuant to the Military Selective Service Act has terminated or become inapplicable;

(2)     who has served in the Armed Forces;

(3)     who is twenty-six years of age or older on July 1, 2000."
SECTION     4.     This act takes effect July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BREELAND explained the amendment.
Rep. SHEHEEN spoke against the amendment.

Rep. F. SMITH moved to recommit the Bill.

Rep. BREELAND moved to table the motion.

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

Yeas 16; Nays 78

Those who voted in the affirmative are:

Breeland               Brown, H.              Brown, J.
Dantzler               Hamilton               Harrison
Hines, J.              Hines, M.              Lourie
Mack                   Moody-Lawrence         Rutherford
Scott                  Smith, J.              Wilder
Witherspoon

Total--16

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Bowers                 Canty
Cato                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Emory                  Frye                   Gamble
Gilham                 Gourdine               Govan
Harvin                 Haskins                Hawkins
Hayes                  Hinson                 Hosey
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Neal, J.H.
Neal, J.M.             Neilson                Perry
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, F.
Smith, R.              Stille                 Taylor
Trotter                Walker                 Wilkes
Wilkins                Woodrum                Young-Brickell

Total--78

So, the House refused to table the motion.

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

H. 3750--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.

POINT OF ORDER

Rep. MEACHAM-RICHARDSON raised the Point of Order that in accordance with Code Section 4-9-55 the Bill required a two-thirds vote by the House.
SPEAKER WILKINS stated that he would render a ruling on the Point of Order at a later point in time.

Rep. WALKER explained the Bill.

Rep. MEACHAM-RICHARDSON spoke against the Bill.

Rep. SHEHEEN moved to adjourn debate on the Bill until Tuesday, April 11.

Rep. WALKER moved to table the motion, which was agreed to.

Rep. SHEHEEN spoke against the Bill.
Rep. WALKER spoke in favor of the Bill.

Rep. WALKER moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment the pending question being consideration of the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4884 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. AND MRS. JOSEPH WILLIAMS OF RICHLAND COUNTY FOR THE WONDROUS AND JOYOUS EVENT OF CELEBRATING THEIR FIFTY-THIRD WEDDING ANNIVERSARY ON APRIL 12, 2000.

ADJOURNMENT

At 11:35 a.m. the House in accordance with the motion of Rep. WALKER adjourned to meet at 10:00 a.m. tomorrow.

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