Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 4180 . . . . . Thursday, May 23, 1996
(R424) H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: AN ACT TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

(R425) H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: AN ACT TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO, AMONG OTHER THINGS, DEFINE "FUEL COST" FOR PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THERE SHALL EXIST A REBUTTABLE PRESUMPTION THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY-TWO AND ONE-HALF PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.

(R426) H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: AN ACT TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF

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PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", CHANGE FROM "INITIAL PURCHASE VALUE" TO "FAIR MARKET VALUE", AND PROVIDE, AMONG OTHER THINGS, FOR THE DEFINITION OF "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

(R427) H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: AN ACT TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

(R428) H. 4585 -- Rep. Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF ANY SUCH DRUG USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

(R429) H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: AN ACT TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING

Printed Page 4182 . . . . . Thursday, May 23, 1996
REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

(R430) H. 4681 -- Rep. Koon: AN ACT TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

(R431) H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: AN ACT TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL

Printed Page 4183 . . . . . Thursday, May 23, 1996
SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO THE CONDITIONS AND EXEMPTIONS STATED IN THIS SECTION AND IN APPLICABLE FEDERAL LAW, THAT A LEC SHALL NEGOTIATE THE RATES, TERMS, AND CONDITIONS FOR LOCAL INTERCONNECTION, THAT NOTHING IN CHAPTER 9 OF TITLE 58 SHALL BE INTERPRETED TO LIMIT OR RESTRICT ANY RIGHT THAT ANY LOCAL EXCHANGE CARRIER MAY HAVE UNDER FEDERAL LAW, AND THAT ANY LOCAL EXCHANGE CARRIER, UPON A SHOWING OF CHANGED CIRCUMSTANCES OR THAT IT IS NECESSARY OR APPROPRIATE TO REALIGN RATES WITH THE COSTS OF VARIOUS TELECOMMUNICATIONS COMPONENTS, MAY PETITION THE COMMISSION TO RE-EXAMINE ANY RATES THAT HAVE BEEN CAPPED PURSUANT TO THE PROVISIONS OF CHAPTER 9 OF TITLE 58 AND TO SET NEW PRICE CAPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY LEC MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B), AS LONG AS THE COMMISSION HAS APPROVED A LOCAL INTERCONNECTION AGREEMENT IN WHICH THE LEC IS A PARTICIPANT WITH AN ENTITY DETERMINED BY THE COMMISSION NOT TO BE AFFILIATED WITH THE LEC OR THE COMMISSION DETERMINES THAT ANOTHER PROVIDER'S SERVICE COMPETES WITH THE LEC'S BASIC LOCAL EXCHANGE TELEPHONE SERVICE; AND SECTION 58-9-577, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, ANY SMALL LEC MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED
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TO, PRICE REGULATION RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION.

(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.

(R433) H. 4795 -- Rep. Gamble: AN ACT TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE CREDITOR MUST ASCERTAIN PRIOR TO THE BORROWER'S CLOSING ATTORNEY PREFERENCE AND INSURANCE AGENT PREFERENCE, TO PROVIDE FOR THE MANNER IN WHICH CREDITORS MAY COMPLY WITH THIS PREFERENCE REQUIREMENT, AND TO PERMIT THE CREDITOR TO REQUIRE THE ATTORNEY AND INSURANCE AGENT SO CHOSEN TO COMPLY WITH REASONABLE CLOSING PROCEDURES.

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(R434) H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R435) H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE; TO AMEND SECTION 38-75-310, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE DEFINITIONS, SO AS TO DEFINE "SEACOAST AREA"; AND TO AMEND SECTIONS 38-73-910 AND 38-73-920, BOTH AS AMENDED, RELATING TO THE NOTICE OF HEARING THAT MUST BE PROVIDED BEFORE GRANTING CERTAIN INSURANCE PREMIUM RATE INCREASES, SO AS TO PROVIDE THAT PRIVATE INSURERS LICENSED TO UNDERWRITE ESSENTIAL PROPERTY INSURANCE MAY FILE AND USE CERTAIN RATES WITHIN THE COASTAL AREA OF THE STATE.

(R436) H. 4910 -- Reps. Sandifer, Cain and Chamblee: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE

Printed Page 4186 . . . . . Thursday, May 23, 1996
THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.

(R437) H. 4976 -- Reps. Rhoad and Cave: AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION THAT APPLY TO BUILDINGS ALSO APPLY TO BUILDINGS OF WORSHIP, AND TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO A PLACE OF WORSHIP, SO AS TO REVISE THE PENALTY.

(R438) H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.

THE HOUSE RESUMES

At 4:40 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 921:

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

Printed Page 4187 . . . . . Thursday, May 23, 1996
LEAVES OF ABSENCE

The SPEAKER granted Reps. TOWNSEND, CHAMBLEE, MARCHBANKS and TUCKER a leave of absence for the remainder of the day.

S. 949--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 23, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. The General Assembly finds that:

(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;

(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and

(3) the General Assembly by this act is desirous of correcting this inequity.

SECTION 2. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of

Printed Page 4188 . . . . . Thursday, May 23, 1996
Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination.

SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of three years may take the EEE or any sections not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.

SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./

Amend Title to conform.

/s/Senator Harvey Peeler .......... /s/Rep. Michael Jaskwhich
/s/Senator John Matthews .......... /s/Rep. Margaret Gamble
/s/Senator Wes Hayes .......... /s/Rep. Willie McMahand

for the Senate. .......... for the House.

Rep. JASKWHICH explained the Conference Report.

The Conference Report was adopted by a division vote of 60 to 0 and a message was ordered sent to the Senate accordingly.

S. 35--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A

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PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

S. 1013--CONTINUED

The following Bill was taken up.

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6031SD.96), which was tabled.

Amend the bill, as and if amended, in Section 47-1-210 of the 1976 Code, as contained in SECTION 1, by striking subsection (D), which begins on line 1 of page 2, and inserting:

/(D) This section does not apply when a live animal is given away as follows:

(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;

(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or

(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club./

Amend title to conform.

Rep. JENNINGS explained the amendment.

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