| Printed Page 5600, May 5 | Printed Page 5620, May 5 |

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/SECTION 2. Application of the provisions of Section 20-7-420(33) of the 1976 Code, as amended by Section 1 of this act, to an existing order for grandparent visitation in effect on this act's effective date does not, in and of itself, constitute grounds for modification of that existing order.

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

Renumber sections to conform.

Amend title to conform.

Rep. R. SMITH explained the amendment.

The amendment was then adopted.

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

Rep. ROBINSON moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 5196 -- Reps. Rogers, J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Scott, Shissias and Waites: A HOUSE RESOLUTION EXTENDING CONGRATULATIONS TO MR. JOHN W. FLING OF COLUMBIA ON HIS SELECTION BY THE GOVERNOR'S OFFICE, DIVISION ON AGING, AS THE "1994 OUTSTANDING OLDER SOUTH CAROLINIAN".

The Resolution was adopted.

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

S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE

Rep. HODGES explained the Bill.

S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

Rep. TUCKER explained the Bill.

H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA

H. 5079 -- Rep. Boan: A BILL TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL EMERGENCY FOR WHICH TRANSFERRED LEAVE MAY BE USED, AND TO MAKE OTHER TECHNICAL CHANGES FOR THE OPERATION OF THE PROGRAM.

H. 5106 -- Reps. Sheheen and Marchbanks: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.

Rep. MARCHBANKS explained the Bill.

H. 5121 -- Reps. Mattos, Hallman, Marchbanks, Trotter and M.O. Alexander: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT.

On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 4625 be read the third time tomorrow.

On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 5039 be read the third time tomorrow.

On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 5079 be read the third time tomorrow.

On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 5106 be read the third time tomorrow.

On motion of Rep. HALLMAN, with unanimous consent, it was ordered that H. 5121 be read the third time tomorrow.

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted.

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted.

H. 4973 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

The following Bill was taken up.

S. 127 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAINS A PROVISION REQUIRING BOOKS TO BE FREE OF SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO REQUIRE ONE LAYPERSON AND THAT A MAJORITY OF THE COMMITTEE MEMBERS HAVE EXPERTISE IN AREA UNDER CONSIDERATION AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

Rep. MEACHAM proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16202AC.94).

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

/SECTION 1. This act is known as the Textbook Reform Act of 1993.

SECTION 2. The 1976 Code is amended by adding:

"Section 59-5-66. The State Board of Education shall appoint an Instructional Materials Review Panel for each area of study in which textbooks or instructional materials are considered. The board shall promulgate regulations pertaining to the membership of the panel and

SECTION 3. The 1976 Code is amended by adding:

"Section 59-31-35. The State Board of Education, through the State Department of Education, shall develop criteria for the appraisal of textbooks offered for sale in the State."

SECTION 4. The 1976 Code is amended by adding:

"Section 59-31-45. Copies of proposed textbooks approved by the Instructional Materials Review Panel must be made available to the public for review at sites geographically dispersed around the State at least thirty days before the date of the state board meeting at which adoption of the textbook is to be discussed. The department must provide notice to the public of the availability of the textbooks at public review sites in a newspaper of general circulation in each congressional district."

SECTION 5. The 1976 Code is amended by adding:

"Section 59-31-555. The publisher shall provide for correction of materials in the event typographical or factual errors are found. The State Department of Education, in the contract for textbooks, shall cause a provision to be included providing for a penalty or replacement of materials for typographical errors, errors of fact, or other similar mistakes in the event the publisher does not act in good faith to correct errors."

SECTION 6. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. MEACHAM explained the amendment.

Reps. SCOTT, ROGERS, COBB-HUNTER, WHIPPER, INABINETT, WHITE, WILLIAMS, NEAL and J. BROWN objected to the Bill.

The following Bill was taken up.

H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL,

The Education and Public Works Committee proposed the following Amendment 1 (Doc Name L:\council\legis\amend\N05\7801BDW.94), which was adopted.

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

/SECTION 1. The last paragraph of Section 56-1-210 of the 1976 Code is amended to read:

"If the a person's license of any person expires, and he was is unable to renew it before its expiration date because he was is on active military duty outside this State for a continuous period of at least thirty days immediately prior to before the expiration date or because he was is the spouse or dependent living for a continuous period of at least thirty days immediately prior to before the expiration date with a person on active military duty outside this State, the person, within forty-five sixty days after returning to this State, the person may renew the his license in the manner permitted by this section as though the license had not expired. The department may require proof that a from the person that he qualifies for renewal of his license under this paragraph as the department considers necessary. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."

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

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4031 be read the third time tomorrow.

The following Bill was taken up.

H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7814BDW.94), which was adopted.

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

/SECTION 1. Section 56-5-2530 of the 1976 Code is amended by adding:

"(C) This section does not prohibit a federal postal service carrier from stopping, standing, or parking along a rural roadway for frequent short intervals during delivery of mail, parcels, or packages. As used in this section, `rural' means an area outside the incorporated areas of the county."

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

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4330 be read the third time tomorrow.

The following Bill was taken up.

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9157JM.94), which was adopted.

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

/SECTION 1. This act is intended to specify and give guidance as to the site and site approval, testing of equipment, the management of the operation, the operating procedures, and the provisions and emergency procedures relating to bungee operations in this State.

SECTION 2. (A) For purposes of this act, the term "bungee jumping" includes and refers to the sport, activity, or practice of jumping, stepping out, dropping, or otherwise being released into the air while attached or fastened to a cord made of rubber, latex, or other elastic-type material, whether natural or synthetic, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the surface.

(B) Each bungee operation must be considered a new device.

SECTION 3. (A) The practice of bungee jumping from a device other than a fixed platform is prohibited in this State.

(B) The practice of bungee jumping using an ankle harness is prohibited in this State.

(C) The practice of pre-stretching and releasing bungee cords for the purpose of catapulting jumpers is prohibited in this State.

(D) The practice of bungee jumping over water, sand, or any surface other than a safety air bag is prohibited in this State.

(E) The practice of tandem or multiple bungee jumping is prohibited in this State.

(F) The practice of sandbagging is prohibited in this State. For purposes of this act, "sandbagging" means the practice of holding onto any object (including another person) while bungee jumping, for the purpose of exerting more force on the bungee cord in order to stretch it further, and then releasing the object during the jump causing the jumper to

(G) The use of any mechanical lifting device in conjunction with bungee jumping is prohibited.

SECTION 4. (A) Upon violation of any provision of this act, the department, as defined in this act, may, in its discretion, impose fines and penalties on the owner or may suspend, revoke, or otherwise restrict the operation's permit.

(B) No person may operate a bungee jump operation in this State if the department has suspended or revoked the operation's permit. No person may operate a bungee jump operation in this State if the department has issued a stop operation order or imminent danger order prohibiting the operation of that bungee operation. Any person who violates this section is subject to the penalties and remedies provided by law.

SECTION 5. The following definitions are applicable for the purposes of this act:

(1) "Air bag" means a device which cradles the body and which uses an air release breather system to dissipate the energy due to a fall, thereby allowing the person to land without an abrupt stop or bounce.

(2) "Binding of cord" means material used to hold the cord threads in place and which can also protect the cord threads from damage.

(3) "Breaking load" means the stress or tension steadily applied and just sufficient to break or rupture.

(4) "Bumper" means a padded sleeve or covering on the bungee cord and connecting straps or devices to prevent the jumper from contacting or becoming entangled in the bungee cord or connecting straps or devices.

(5) "Bungee catapulting" or "reverse bungee jumping" means the sport, activity, or practice whereby a person is attached to a bungee cord which is stretched and then released, thus catapulting or otherwise launching the jumper into the air from a fixed position. Bungee catapulting is prohibited in this State.

(6) "Bungee cord" means the elastic cord made of rubber, latex, or other elastic-type materials, whether natural or synthetic, to which the jumper is attached. Such cord lengthens and shortens and thus produces a bouncing action.

(7) "Bungee jumping" means the sport, activity, or other practice of jumping, diving, stepping out, dropping, or otherwise being released into the air while attached to a bungee cord, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the landing surface.

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