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

Thursday, May 20, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator HUTTO.

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

Beloved, hear the Psalmist as he prays in Psalm 4 (vv. 6-7) in the New International Version:

"Lord, many are asking, 'Who can show us any good?' Let the light of Your face shine upon us. You have filled my heart with greater joy..."
Let us pray.

Our Father, in the midst of our hectic days here, we lift up our hearts and minds to You, begging perspective on our times.

You did create the planets and You did put them in orbits that we can measure. You brought the stars out of the mists of nothingness, and

You did breathe into Your children the breath of life, and You have numbered the hairs on our heads.

We thank You that You are concerned about our daily cares and worries. You have said so, even to us, in Your Word: "Consider the lilies of the field... Therefore, do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own." (NIV)

Help us to believe it!
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, 1996, and to expire July 1, 2000:

Four-year institutions:

Cathy Brand Harvin, 2 Edwards Drive, Summerton, S.C. 29148 VICE Timothy N. Dangerfield

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

1st Congressional District:

Thelma Drayton, 24-B Blake Street, Charleston, S.C. 29403 VICE Leah F. Chase

Referred to the Committee on Education.

Local Appointments

Reappointment, Allendale County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Walter G. Griffin, Jr., Post Office Box 74, Allendale, S.C. 29810

Initial Appointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Francis Lever Mozingo, Sr., Post Office Box 1374, Darlington, S.C. 29540

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Willie Robinson, Jr., 1520 Ellis Ave., Orangeburg, S.C. 29116

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Samuel A. Daily, Post Office Box 957, Holly Hill, S.C. 29059

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Richard Murray, 220 Greywood Dr., Branchville, S.C. 29432

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Peggy D. Davis, Post Office Box 854, Orangeburg, S.C. 29116-0854

Initial Appointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Robert Wesley Young, Post Office Box 121, Norway, S.C. 29113 VICE Foye J. Covington

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Donald R. West, Post Office Box 365, Bowman, S.C. 29018

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Betty Y. Bates, 2345 Norway Road, Orangeburg, S.C. 29113

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Derrick F. Dash, 740 Linwood Drive, Elloree, S.C. 29047

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Jacob Gillens, Sr., 117 Dingill Lane, Eutawville, S.C. 29048

Doctor of the Day

Senator PASSAILAIGUE introduced Dr. Del Schutte of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 11:00 A.M., Senator RYBERG requested a leave of absence beginning at 1:00 P.M., and lasting until Tuesday, May 25, 1999.

Leave of Absence

At 11:00 A.M., Senator COURTNEY requested a leave of absence from 12:00 - 5:00 P.M.

Leave of Absence

At 11:10 A.M., Senator THOMAS requested a leave of absence beginning at 1:30 P.M., and lasting until Tuesday, May 26, 1999.

Leave of Absence

At 11:15 A.M., Senator FAIR requested a leave of absence beginning at 1:00 P.M.

Leave of Absence

At 11:20 A.M., Senator GIESE requested a leave of absence from 5:30 - 8:30 P.M.

Leave of Absence

At 12:07 P.M., Senator BAUER requested a leave of absence beginning at 12:15 P.M., and lasting until 1:30 P.M.

Leave of Absence

At 12:20 P.M., Senator PATTERSON requested a leave of absence beginning at 12:05 P.M., and lasting until Tuesday, May 26, 1999.

Leave of Absence

At 12:21 P.M., Senator GROOMS requested a leave of absence beginning at 4:00 P.M., and lasting until 3:00 P.M., on Sunday, May 23, 1999.

Leave of Absence

At 12:22 P.M., Senator RAVENEL requested a leave of absence from 9:00 A.M. - 9:00 P.M., on Saturday, May 22, 1999.

Leave of Absence

At 12:23 P.M., Senator HUTTO requested a leave of absence beginning at 2:00 P.M., on Friday, May 21, 1999, until Monday, May 24, 1999.

Leave of Absence

At 1:15 P.M., Senator MATTHEWS requested a leave of absence beginning at 1:30 P.M., and lasting until Tuesday, May 25, 1999.

Leave of Absence

At 1:15 P.M., Senator COURSON requested a leave of absence from 1:30 - 4:00 P.M.

Leave of Absence

At 1:15 P.M., Senator JACKSON requested a leave of absence from 1:30 - 4:00 P.M.

Privilege of the Chamber

Pursuant to an earlier motion made by Senator FAIR on May 13, 1999, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Mr. Jeffrey S. Hopkins, the Governor's Committee on Employment of People with Disabilities 1999 Student of the Year, and his family for the purpose of introducing Mr. Hopkins and presenting him a Resolution.

Point of Personal Privilege

Senator McCONNELL rose to a Point of Personal Privilege.

Point of Personal Privilege

Senator REESE rose to a Point of Personal Privilege.

PRESIDENT PRESIDES

At 11:49 A.M., the PRESIDENT assumed the Chair.

RECALLED

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.

Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

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

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

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

There was no objection.

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

On motion of Senator LEVENTIS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

RECALLED

H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

Senator SALEEBY explained the Bill.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.

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

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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

The House returned the Bill with amendments.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senators SALEEBY, McCONNELL and SHORT proposed the following amendment (337R007.EES), which was adopted:

Amend the bill, as and if amended, page 17, line 33, by striking the words / financial organization /

and inserting in lieu thereof the word / lender /

Amend the bill further, as and if amended, page 20, by striking SECTION 25 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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

The House returned the Bill with amendments.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senator THOMAS proposed the following amendment (JUD277.003.DOC), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, in Section 16-13-470(A), as contained in SECTION 1, by striking lines 23 through 37 in their entirety and inserting therein the following:

/     "Section 16-13-470. (A)   It is unlawful for a person to:

(1) sell, give away, distribute, or market urine in this State or transport urine into this State with the intent of using the urine to defraud a drug or alcohol screening test;

(2) attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure;

(3) adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;

(4) possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or

(5) sell adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.

Intent is presumed if a heating element or any other device used to thwart a drug-screening test accompanies the sale, giving, distribution, or marketing of urine or if instructions which provide a method for thwarting a drug-screening test accompany the sale, giving, distribution, or marketing of urine."   /

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 841 (Word version) -- Senators Reese and Thomas: A BILL TO AMEND SECTION 59-63-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPULSION OF A STUDENT WHO BRINGS A FIREARM TO SCHOOL, SO AS TO REQUIRE THE STUDENT TO BE TAKEN INTO CUSTODY IMMEDIATELY AND DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO UNDERGO EVALUATIONS CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THE DEPARTMENT OF MENTAL HEALTH.

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

S. 842 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT COMPOUNDERS BE INCLUDED IN THE SECTION.

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

S. 843 (Word version) -- Senator Fair: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM TO FORTY THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO NOTIFY THE SYSTEM ON HIRING A RETIREE, AND TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION.

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

S. 844 (Word version) -- Senators Thomas, Ravenel, Leatherman and Cork: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6 OF TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO REPEAL SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

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

S. 845 (Word version) -- Senators Thomas, Ravenel, Leatherman and Cork: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

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

S. 846 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 38 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES WITH OUT-OF-STATE COLLEGE OR UNIVERSITY EMBLEMS.

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

S. 847 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFIC UNFAIR AND DECEPTIVE ACTS IN CONNECTION WITH THE SALE OF A MOTOR VEHICLE, SO AS TO PROVIDE FOR A SEVENTY-TWO HOUR RECISSION PERIOD FOR THE CONSUMER PURCHASER WHO CONTRACTS TO BUY A MOTOR VEHICLE AND TO PROVIDE THAT A CONSUMER PURCHASER OF A MOTOR VEHICLE IS NOT BOUND TO PERFORM A CONTRACT TO BUY UNLESS THE DOWN PAYMENT ACTUALLY HAS BEEN PAID TO AND ACCEPTED BY THE DEALER.

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

S. 848 (Word version) -- Senators Glover, McGill and Land: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.

Read the first time and ordered placed on the local and uncontested Calendar.

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

Read the first time and ordered placed on the local and uncontested Calendar.

S. 850 (Word version) -- Senators Washington, Mescher and Passailaigue: A BILL TO INCREASE THE AUTHORIZED MILLAGE LEVY OF THE CHARLESTON COUNTY SCHOOL DISTRICT, FOR THE 1999-2000 SCHOOL YEAR ONLY, FROM 90 TO 92.4 MILLS.

Read the first time and ordered placed on the local and uncontested Calendar.

S. 851 (Word version) -- Senators Glover and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARION COUNTY TRANSPORTATION COMMITTEE.

Read the first time and ordered placed on the local and uncontested Calendar.

S. 852 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. LEONARD ANTHONY McINTYRE FOR HIS EXCELLENT PUBLIC SERVICE AS SUPERINTENDENT OF HAMPTON COUNTY SCHOOL DISTRICT TWO AND CONGRATULATING HIM ON HIS NEW POSITION WITH THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.

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

S. 853 (Word version) -- Senator Land: A SENATE RESOLUTION TO COMMEND SERGEANT WILLIAM T. "BILLY" TOLAR OF EASTOVER FOR MORE THAN THIRTY-NINE YEARS OF LOYAL AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND THE PEOPLE OF SOUTH CAROLINA.

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

H. 3392 (Word version) -- Reps. Gamble, Knotts, Whatley, Koon, Harrison and Riser: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS NECESSARY TO OFFER AS A CANDIDATE FOR SHERIFF, SO AS TO PROVIDE THAT SERVICE AS A CORONER FOR TEN YEARS SATISFIES THE SAME REQUIREMENT AS TEN YEARS OF SERVICE AS A SUMMARY COURT JUDGE.

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

H. 3416 (Word version) -- Reps. Rodgers, Lloyd, Chellis, Clyburn, Kelley, Altman, Sandifer, Gilham, Harris, Kennedy, Martin, Seithel, Taylor, Hayes, McGee, Ott, Stuart, Neilson, Stille, Davenport, R. Smith, Wilkins, Dantzler, Gourdine, Beck, Riser, Bowers, Barrett, Young-Brickell, Hinson, Jennings, Whipper, Phillips, Lucas and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PURPLE HEART HIGHWAY AS A MEANS OF HONORING COMBAT-WOUNDED VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART MEDAL, TO ERECT APPROPRIATE MARKERS OR SIGNS TO INDICATE THIS, AND TO REQUEST THE GOVERNOR OF THIS STATE TO ISSUE A PROCLAMATION ESTABLISHING THE PURPLE HEART HIGHWAY ON FEBRUARY 22, 2000, AND DIRECTING THE ASSISTANCE OF THE DEPARTMENT OF VETERANS AFFAIRS, THE DEPARTMENT OF TRANSPORTATION, AND OTHER STATE AGENCIES AS MAY BE IN ORDER TO PROVIDE ASSISTANCE IN THE DEDICATION AND ESTABLISHMENT OF THE HIGHWAY.

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

H. 4083 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY HARRIS, AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

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

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

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

H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4122 (Word version) -- Reps. Phillips, Gamble, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.

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

H. 4132 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE J. L. MANN HIGH SCHOOL PATRIOTS SOCCER TEAM OF GREENVILLE ON WINNING THE 1999 CLASS AAA BOYS STATE CHAMPIONSHIP.

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

H. 4136 (Word version) -- Reps. Carnell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. ALVA DUNBAR TAYLOR OF LEXINGTON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Invitations polled out S. 826 favorable with amendment:

S. 826 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 2, AND FRIDAY, DECEMBER 3, 1999, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Poll of the Invitations Committee
Ayes 9; Nays 0; Abstained 1

AYES

Courson                   Wilson                    Patterson
Russell                   O'Dell                    Passailaigue
McGill                    Washington                Reese

TOTAL--9

NAYS

TOTAL--0

ABSTAINED

Matthews

TOTAL--1

Senator J. VERNE SMITH asked unanimous consent to take up the Bill for immediate consideration.

There was no objection.

S. 826--Amended and Adopted

The Invitations Committee proposed the following amendment (826R001.JEC), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 1 - 9 and inserting:

/   That the members of the General Assembly authorize the Greenville Young Men's Christian Association Youth In Government program to use the Senate Chamber and the Chamber of the House of Representatives and to use such hearing rooms as may be available in the legislative office buildings, on Thursday, December 2, 1999, and Friday, December 3, 1999, to conduct a Youth in Government program in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.   If the Senate or the House of Representatives is in statewide session, the Senate and House Chambers may not be used.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

NONCONCURRENCE

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

The House returned the Bill with amendments.

On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

CONCURRENCE

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

The House returned the Bill with amendments.

On motion of Senator PEELER, 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. 573 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME ROAD S-14-547 IN CLARENDON COUNTY BETWEEN HIGHWAY 260 AND ROAD S-14-25 AS "JOSEPH LEMON AND DINGLE ROAD" IN HONOR OF THE LATE JOSEPH LEMON AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THE DESIGNATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 827 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN B. RHODES FOR HIS YEARS OF SERVICE TO HIGHER EDUCATION AND BUSINESS GROWTH.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 828 (Word version) -- Senator Russell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG RIFLES MEN'S SOCCER TEAM FOR ITS OUTSTANDING 1998 SEASON AND RECORD OF ACCOMPLISHMENTS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 829 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING JACKIE MOORE McNEILL OF LEXINGTON COUNTY ON BEING NAMED "MS. SOUTH CAROLINA SENIOR".

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 830 (Word version) -- Senators Glover, Cork and Short: A CONCURRENT RESOLUTION TO COMMEND NANCY RUTH MACE OF GOOSE CREEK FOR HER LEADERSHIP, EXEMPLARY CONDUCT, AND OUTSTANDING ACHIEVEMENTS WHILE A CADET AT THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA; TO CONGRATULATE NANCY RUTH MACE ON BECOMING THE FIRST FEMALE CADET TO GRADUATE FROM THE CITADEL AND FOR GRADUATING MAGNA CUM LAUDE; TO RECOGNIZE NANCY RUTH MACE AS THE CADET WHO SET THE STANDARD TO BE EMULATED BY ALL OTHER FEMALES WHO BECOME MEMBERS OF THE SOUTH CAROLINA CORPS OF CADETS; AND TO FURTHER RECOGNIZE NANCY RUTH MACE AS THE PROTOTYPE OF THE CITADEL WOMAN, AND A GENUINE SOURCE OF PRIDE TO HER ALMA MATER, TO SOUTH CAROLINA, AND TO WOMEN EVERYWHERE, AS SHE TAKES HER PLACE IN THE CITADEL'S DISTINGUISHED LONG GRAY LINE AS THE FIRST FEMALE CADET TO GRADUATE 1FROM THIS WORLD RENOWNED MILITARY COLLEGE.

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:

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

(By prior motion of Senator DRUMMOND)

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

HOUSE BILL RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

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

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

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

There was no objection.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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

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

Senator SALEEBY proposed the following amendment (S-Ins\Amend\H. 3547 AM #15.doc), which was adopted:

Amend the bill, as and if amended, page 1, line 31, after /   charge of / by striking   /twenty-five   / and adding:

/     "twenty-five, or,"     /

Amend the bill further, as and if amended, page 2, line 12, after /     dollars     / by striking   /   twenty-five   /   and adding:

/     "twenty-five, or,"     /

Amend the bill further, as and if amended, page 2, line 27, after /     dollars     /   by striking   /twenty-five     /   and adding:

/     "twenty-five, or"     /

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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

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

Senator SETZLER proposed the following amendment (3620R001.NGS), which was adopted:

Amend the bill, as and if amended, page 17, after line 3, by adding the following appropriately numbered new SECTIONS:

/   SECTION   ___.   Chapter 63, Title 59 of the 1976 Code is amended by adding:

  "Article 13

Alternative Schools

Section 59-63-1300.     The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is, therefore, the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for academic or behavioral reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.

Section 59-63-1310.     School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus or in a defined area within a building which would provide complete separation from other students. These programs shall be provided for, but not limited to, students in grades 6-12.

Section 59-63-1320.     Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and state requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.

Section 59-63-1330.   To be eligible for funding, a district or consortium must submit a plan for the program which includes:

(a)   purposes of the school,

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

(c)   description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program, where appropriate. Goals and interim goals and data collection for program evaluation must be a part of the program plan.

The instructional program should enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps should be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts and/or the South Carolina Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.

Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and state requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.

Section 59-63-1340.     A school district or consortium must establish guidelines to provide transportation to students attending an alternative school.

Section 59-63-1350.     Boards of trustees, following local policies, should consider placement in the alternative school as an option to expulsion. However, nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion and nothing in this chapter shall require that any student be assigned to such an alternative school.

Section 59-63-1360.     Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.

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

Districts or consortia meeting the eligibility requirements for alternative school funding shall receive a base funding minimum of $50,000 or up to $200,000 depending on the student population of the district or consortium and the projected school population. However, districts in a multi-district county with a total student population of less than 7,000 will not qualify for base funding for an alternative school unless in consortium. The State Board of Education shall establish guidelines for determining the amount of base funding for eligible programs. It is the intent of the General Assembly that eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs.

Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than $5,000.

Section 59-63-1380.     The State Department of Education shall review alternative school plans for eligibility for funding and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding will be approved until the plan ensures implementation of appropriate services for students served by the alternative school.

Section 59-63-1390.     Clear procedures shall be established for an annual review of the implementation and progress of the alternative school programs and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meet the locally established outcome measures, the Department of Education shall provide technical assistance and future funding may be terminated."

SECTION   ___.   Section 59-18-1900 of the 1976 Code is repealed./

Amend the bill, as and if amended, by striking the title and inserting in lieu thereof the following:

/   TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.   /

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.

Recorded Vote

Senator FAIR desired to be recorded as voting against the third reading of the Bill.

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (NBD\11406MM99), which was adopted:

Amend the bill, as and if amended, by striking Section 40-11-260(A)(3)(d)(c), as contained in SECTION 1, beginning on page 1 and line 39, and inserting:

/ (d)(c)     on renewal, a an owner-prepared financial statement compiled in accordance with GAAP, with or without disclosures required by GAAP, with an affidavit of accuracy indicating a required net worth of seventy thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of seventy thousand dollars; /

Amend further by striking Section 40-11-260(A)(4)(d)(c), as contained in SECTION 2, page 2, beginning on line 15, and inserting:

/ (d)(c)     on renewal, a an owner-prepared financial statement compiled in accordance with GAAP, with or without disclosures required by GAAP, with an affidavit of accuracy indicating a required net worth of one hundred fifty thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of one hundred fifty thousand dollars; /

Amend further by striking Section 40-11-260(B)(3)(d)(c), as contained in SECTION 3, page 2, beginning on line 32, and inserting:

/ (d)(c)     on renewal, a an owner-prepared financial statement compiled in accordance with GAAP, with or without disclosures required by GAAP, with an affidavit of accuracy indicating a required net worth of ten thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of ten thousand dollars; /

Amend further by striking Section 40-11-260(B)(4)(d)(c), as contained in SECTION 4, page 3, beginning on line 5, and inserting:

/ (d)(c)     on renewal, a an owner-prepared financial statement compiled in accordance with GAAP, with or without disclosures required by GAAP, with an affidavit of accuracy indicating a required net worth of twenty-five thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of twenty-five thousand dollars; /

Amend the bill further, as and if amended, page 3, by deleting SECTION 6 and inserting:

/ SECTION 6.   Section 40-11-360(A) of the 1976 Code, as added by Act 440 of 1998, is amended by adding:

"(9)   Renovations and maintenance projects of the South Carolina Department of Corrections whereby all labor is supplied from that department's own labor forces.

(10)   The South Carolina Public Service Authority when performing maintenance and renovations to existing facilities and when performing work in accordance with Section 40-11-410(4)(n)."/

Amend further by adding appropriately numbered SECTIONS to read:

/SECTION   ___.   Section 40-11-410(4) of the 1976 Code, as added by Act 440 of 1998, is further amended by adding at the end to read:

"(o)   'Boiler installation' which includes those who are qualified to install, repair, and service boilers and boiler piping including the boiler auxiliary equipment, controls, and actuated machinery and dryer rolls. To qualify for this subclassification, a person must pass a technical examination administered by the board or must be the holder of the ASME 'R' stamp or the ASME 'PP' stamp. Anyone holding the masonry or process piping classification as of January 1, 1998, and who has been actively engaged in boiler installation work under these classifications is qualified for this subclassification and exempt from the examination requirement of this subitem."

SECTION   ___.   Section 40-59-77 of the 1976 Code is amended to read:

"Section 40-59-77.   (A)   The commission shall, by regulation, classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business, and may limit the field and scope of the operations of a residential specialty contractor to those in which he is to be registered. All residential specialty contractor registrations issued by the commission must be for one or more of the classifications adopted pursuant to this chapter.

(B)   Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage.

Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality. However, a county or municipality may not adopt requirements that would require that a residential specialty contractor abide by commercial construction licensing requirements unless he is engaged in commercial construction."

SECTION __.   Section 40-11-60 of the 1976 Code, as amended by Act 440 of 1998, is further amended to read:

"Section 40-11-60.   The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations must be promulgated to establish the form an owner must use to submit an owner-prepared financial statement as provided in Section 40-11-260. The department must furnish the form to the licensees." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator MESCHER proposed the following amendment (DKA\ 3541MM99), which was adopted:

Amend the bill, as and if amended, Section 40-11-360(A)(8), as contained in SECTION 5, page 3, line 19, by inserting /, as adjusted by an inflation factor reflecting the Department of Labor's Consumer Price Index / after /classification/.

Amend title to conform.

Senator MOORE 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, having been read the second time, were ordered placed on the third reading Calendar:

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

S. 840 (Word version) -- Senators Elliott and Ravenel: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE.

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

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

H. 3970--Ordered to a Third Reading

On motion of Senator GIESE, with unanimous consent, H. 3970 was ordered to receive a third reading on Friday, May 21, 1999.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.

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

The Committee on Education proposed the following amendment (4000EMS1), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

/   A BILL TO DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS FOR PURSUING STATEWIDE WAIVERS FOR THE SIX FEDERAL EDUCATION PROGRAMS AND ESTABLISHING A STATE EDUCATION FLEXIBLITY PROGRAM AND REPORT NO LATER THAN DECEMBER 1, 1999 TO THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE.

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

SECTION 1. (A)   The State Board of Education through the Department of Education is directed to establish a task force to review and make recommendations for pursuing statewide waivers for the six applicable federal education programs and establishing a state education flexibility program to include the possible waiving of specified statutory and regulatory educational requirements applicable to local school districts and schools to help improve student academic performance.

(B)   The recommendations shall include, but not be limited to:

(1)   the particular waivers to be sought from federal regulations and the reasons why;

(2)   state statutory requirements relating to education that the General Assembly should consider including in the flexibility program and the reasons why;

(3)   the regulatory requirements relating to education that the board will consider waiving;

(4)   a description of how the proposed educational flexibility plan is consistent with and will assist in implementing the intent and objectives of Act 135 of 1993, the School to Work Transition Act of 1994, and the Education Accountability Act of 1998;

(5)   the process to be used to evaluate applications from local school districts or schools requesting waivers of state statutory or regulatory education requirements; and

(6)   the process to be used to evaluate the performance of students in the schools and local school districts affected by the waivers.

(C) In undertaking this review, the following areas may not be considered for the education flexibility program:

(1)   maintenance of effort;

(2)   comparability of services;

(3)   parental participation and involvement;

(4)   the distribution of funds to local school districts;

(5)   school attendance areas; and

(6)   applicable constitutional requirements.

(D)   In establishing the membership of the task force, the State Board and Department of Education shall appoint members of the education community directly involved in the areas covered by the federal programs and under consideration for waivers as well as school and district administrators. The members should come from all regions of the State and be representative of the types of school districts in the State. The task force report and the recommendations of the state board shall be reported to the Senate Education Committee and House Education and Public Works Committee no later than December 1, 1999.

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

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

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

CARRIED OVER

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

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

CARRIED OVER

S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.

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

AMENDED, CARRIED OVER

H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PL
ANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

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

Senators COURSON, O'DELL, REESE, ALEXANDER and MARTIN proposed the following amendment (PT\1566DW99), which was adopted:

Amend the bill, as and if amended, page 4, Section 59-153-30(A) as contained in SECTION 2, by inserting at the end of line 7 / including, but not limited to, day-to-day investment decisions /.

Amend further, page 4, Section 59-153-30(A), line 10, by striking /, but final authority to invest may not be delegated/.

Amend further, page 7, Section 59-153-310 as contained in SECTION 2, at end of line 33, by striking /Section 9-16-30/ and inserting / Sections 9-16-310 and 9-16-320 /.

Amend further, page 7, Section 59-153-320(A) as contained in SECTION 2, lines 35 and 36, by striking / in conjunction with its duties to the Retirement System, /.

Amend further, page 8, Section 59-153-320(E), line 17, by inserting after /panel/ / as performed for endowment investments / and on line 19, by striking /the Retirement System and/ and inserting / each of /.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

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

There was no objection.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

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

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

Senator RAVENEL argued contra to the third reading of the Bill.

Point of Quorum

At 1:18 P.M., Senator RAVENEL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bauer                     Branton
Bryan                     Cork                      Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Land
Leatherman                Matthews                  McConnell
Mescher                   Moore                     O'Dell
Passailaigue              Peeler                    Rankin
Ravenel                   Reese                     Russell
Saleeby                   Setzler                   Short
Smith, J. Verne           Waldrep                   Wilson

A quorum being present, the Senate resumed.

Senator RAVENEL continued arguing contra to the third reading of the Bill.

Point of Quorum

At 1:28 P.M., Senator RAVENEL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Bryan                     Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Grooms                    Hayes
Holland                   Hutto                     Land
Leatherman                Martin                    Matthews
McConnell                 Mescher                   Moore
O'Dell                    Passailaigue              Peeler
Rankin                    Ravenel                   Reese
Russell                   Setzler                   Short
Smith, J. Verne           Waldrep                   Wilson

A quorum being present, the Senate resumed.

With Senator RAVENEL retaining the floor, Senator MOORE addressed the members with brief remarks.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator RAVENEL retaining the floor.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:

Reappointment, Allendale County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Walter G. Griffin, Jr., Post Office Box 74, Allendale, S.C. 29810

Having received a favorable report from the Darlington County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Francis Lever Mozingo, Sr., Post Office Box 1374, Darlington, S.C. 29540

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

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Willie Robinson, Jr., 1520 Ellis Ave., Orangeburg, S.C. 29116

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Samuel A. Daily, Post Office Box 957, Holly Hill, S.C. 29059

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Richard Murray, 220 Greywood Dr., Branchville, S.C. 29432

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Peggy D. Davis, Post Office Box 854, Orangeburg, S.C. 29116-0854

Initial Appointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Robert Wesley Young, Post Office Box 121, Norway, S.C. 29113 VICE Foye J. Covington

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Donald R. West, Post Office Box 365, Bowman, S.C. 29018

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Betty Y. Bates, 2345 Norway Road, Orangeburg, S.C. 29113

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Derrick F. Dash, 740 Linwood Drive, Elloree, S.C. 29047

Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Jacob Gillens, Sr., 117 Dingill Lane, Eutawville, S.C. 29048

MOTION ADOPTED

On motion of Senator COURTNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lucille Kirby of Cowpens, S.C.

Time Fixed

Senator MOORE moved that, when the Senate adjourns on Friday, May 21, 1999, it stand adjourned to meet next Tuesday, May 25, 1999, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:35 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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