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 PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.
The following were introduced:
S. 1048 -- Senator Washington: A SENATE RESOLUTION TO RECOGNIZE MRS. ELIZABETH RIVERS SIMMONS OF JOHNS ISLAND, SOUTH CAROLINA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON FEBRUARY 23, 1998, AND TO SHARE IN THE CELEBRATION OF HER LIFE AND THE HISTORY SHE HAS LIVED.
The Senate Resolution was adopted.
S. 1049 -- Senator Mescher: A BILL TO AMEND CHAPTER 16, TITLE 50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 3, SO AS TO AUTHORIZE DEER FARMING; TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED DEER; TO PROVIDE FOR LICENSURE OF DEER FARMING OPERATIONS; AND TO AMEND SECTION 50-11-1910 RELATING TO SALE OF DEER PARTS SO AS TO PROVIDE FOR THE PURCHASE AND SALE OF FARMED DEER PRODUCTS AND BY-PRODUCTS IN THE STATE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1050 -- Senators Leventis, Drummond, Holland, Hayes and Hutto: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1051 -- Senator Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80, SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF PHARMACY TO LICENSE AND REGULATE HOME MEDICAL EQUIPMENT AND SERVICES PROVIDERS AND TO ESTABLISH THE HOME MEDICAL EQUIPMENT ADVISORY BOARD AND TO PROVIDE FOR ITS DUTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1052 -- Senators Alexander, Drummond, J. Verne Smith, Holland, McConnell, Moore, Wilson, Martin, Anderson, Branton, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Matthews, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO CELEBRATE THE SIXTY-FIFTH ANNIVERSARY OF THE FOUNDING OF THE CIVILIAN CONSERVATION CORPS AND TO ESTABLISH TUESDAY, MARCH 31, 1998, AS NATIONAL CIVILIAN CONSERVATION CORPS RECOGNITION DAY; AND JOINING OTHER STATES IN EXPRESSING THE APPRECIATION OF THIS STATE TO THE CIVILIAN CONSERVATION CORPS FOR ITS VALUABLE CONTRIBUTIONS TO THE PROTECTION OF OUR NATURAL RESOURCES AND ENCOURAGEMENT OF OUR WORK ETHIC.
Introduced and referred to the Committee on Agriculture and Natural Resources.
S. 1053 -- Senators Wilson and Thomas: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Read the first time and referred to the Committee on Judiciary.
S. 1054 -- Senator Grooms: A JOINT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS AT LOCATIONS ALONG HIGHWAYS LEADING INTO THE CITY OF WALTERBORO READING "CITY OF CHAMPIONS, HOME OF WALTERBORO HIGH SCHOOL: 1997 AAAA FOOTBALL CHAMPIONS AND 1997 AAAA BAND CHAMPIONS".
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator GROOMS, with unanimous consent, S. 1054 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1055 -- Senators Drummond, Bryan, Lander, Courson, J. Verne Smith, Elliott, Mescher, O'Dell, Ford, Reese, Short and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.
Senator DRUMMOND spoke on the Resolution.
Read the first time and referred to the Committee on Finance.
H. 4115 -- Reps. Harrison, Wilkins, D. Smith, Knotts and McGee: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Read the first time and referred to the Committee on Judiciary.
H. 4658 -- Reps. Delleney, D. Smith, Canty, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; AND TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998.
Introduced and referred to the Committee on Judiciary.
H. 4659 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. GEORGIA WALKER-HALLUMS OF GREENVILLE COUNTY FOR HER MANY CONTRIBUTIONS ENHANCING THE QUALITY OF LIFE IN HER COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3715 -- Reps. Klauber, Altman, Limehouse, Neilson, Sharpe, Fleming, Haskins, Knotts, Sandifer, McKay, Kelley, Barrett, Keegan, Stille, Davenport, Loftis, Young, Cooper, Stoddard, Carnell, Woodrum, Campsen and Bauer: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 4562 favorable:
H. 4562 -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.
Courson Wilson Matthews Patterson O'Dell McGill Washington Reese
Russell Passailaigue
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out H. 4628 favorable:
H. 4628 -- Reps. Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Kirsh: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
Courson Wilson Matthews Patterson O'Dell McGill Washington Reese
Russell Passailaigue
Ordered for consideration tomorrow.
Columbia, S.C., February 18, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McKay, Keegan and Harrison of the Committee of Conference on the part of the House on:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 18, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Stoddard, Leach and Woodrum of the Committee of Conference on the part of the House on:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: 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 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 18, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 1010 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
Returned with concurrence.
Received as information.
S. 1032 -- Senators J. Verne Smith, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY, 1998, "VULNERABLE ADULT AWARENESS MONTH" FOR 1998 IN SOUTH CAROLINA, AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THIS EVENT BY REEMPHASIZING THEIR COMMITTMENT TO IMPROVING THE HEALTH, SAFETY, DIGNITY, AND WELL-BEING OF ALL DISABLED AND ELDERLY ADULTS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
S. 1037 -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY.
On motion of Senator ALEXANDER, S. 1037 was ordered to receive a third reading on Friday, February 20, 1998.
H. 3161 -- Reps. Townsend, Cooper, Walker and Haskins: A BILL TO INCREASE THE AVAILABILITY OF FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY SO AS TO FULFILL THE REQUIREMENTS OF CHAPTERS 1 AND 3 OF TITLE 56 BY TRANSFERRING ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF TRANSPORTATION TO THE GENERAL FUND FOR THE PURPOSES OF APPROPRIATING FUNDS FOR THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SO THAT THE DIVISION MAY HAVE THE FINANCIAL RESOURCES TO INCREASE STAFFING LEVELS CUT BY PREVIOUS BUDGET REDUCTIONS, TO ENABLE THE DIVISION TO HAVE NECESSARY FUNDING TO PROVIDE TAXPAYERS AND CITIZENS OF SOUTH CAROLINA WITH EFFICIENT AND TIMELY CUSTOMER SERVICE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR FUNDS TRANSFERRED TO THE GENERAL FUND ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY IN THE 1998-99 GENERAL APPROPRIATION ACT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RANKIN proposed the following amendment (3161R004.LAR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. In order to facilitate the Department of Public Safety in establishing and assigning sufficient manpower to provide the services mandated by Chapter 1 and Chapter 3 of Title 56, the department is mandated and directed to immediately use any and all funds carried forward from previous fiscal years for personal services, employer contributions, and operating expenses necessary to establish such full-time equivalent positions for the Motor Vehicle Division as may be determined necessary by the Department of Public Safety to fully staff division offices, but not to exceed one hundred twenty full-time positions. The Budget and Control Board shall take such actions as are required or necessary to establish the positions authorized by this act.
The department shall submit a report to the Senate Finance Committee and the House Ways and Means Committee detailing the Department's plan to immediately implement this section no later than fifteen days after the effective date of this act.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 30 (JUD0850.002) proposed by Senators HUTTO, MATTHEWS and RYBERG and previously printed in the Journal of Wednesday, February 18, 1998.
Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 11:28 A.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes.
At 11:34 A.M., the Senate resumed.
At 11:35 A.M., on motion of Senator MARTIN, the Senate receded from business not to exceed five minutes.
At 11:39 A.M., the Senate resumed.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
On motion of Senator HUTTO, with unanimous consent, Amendment No. 30 was withdrawn from consideration.
Senators SHORT and SETZLER proposed the following Amendment No. 35A (850R012.LHS), which was adopted:
Amend the bill, as and if amended, page 22, by striking lines 4 through 13 and inserting in lieu thereof:
/"Section 59-18-500. The State Board of Education, working with the Department of Education and the Select Committee, shall promulgate regulations to fund no more than forty-six alternative schools, one in each county. Districts are authorized and encouraged to cooperate in funding the alternative school. These schools must be/
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 36 (S-EDUC\850.41), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION . Title 59, Chapter 18 of the 1976 Code is amended by adding:
"Section 59-18-800. The State Board of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high school attendance area, must be pilot testing or implementing the modified schedule.
Section 59-18-810. To obtain a grant, a district shall submit an application to the State Board in a format specified by the Department of Education. The application shall include a plan for implementing a modified year calendar that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area such as English/ language arts, science, mathematics, or social studies is rated to be the equivalent of a 'D' average or below to attend the intersessions and receive special assistance in the subject area and must outline other options the student must meet in order to qualify for promotion should the student not attend the intersession as required. Funding for the program is as provided by the General Assembly in the annual appropriation act. Each grant award for program pilot testing or implementation may not exceed a three-year period."/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS and HUTTO proposed the following Amendment No. 38 (S-EDUC\850.210), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/SECTION. The Select Committee will study the foundation program, which has not been changed since 1973, review the cost of providing the base student program, and the weights used to recognize the relative costs associated with providing services to pupils participating in different educational programs. As a part of the study, the Select Committee will examine the cost of providing alternative schools and recommend an appropriate weighting to be included in the Education Finance Act for students served in these schools. The committee shall report it findings to the General Assembly no later than September 1, 1999./.
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 40 was taken up for immediate consideration.
Senators LAND, HOLLAND, GLOVER, JACKSON, WASHINGTON, PATTERSON, MOORE, COURSON, BRYAN, HAYES, GROOMS, MATTHEWS, SHORT, MESCHER, RAVENEL, HUTTO, DRUMMOND, SETZLER, PEELER, GREGORY, CORK, FORD, McGILL, ELLIOTT, RANKIN, THOMAS, LEVENTIS and BRANTON proposed the following Amendment No. 40 (S-EDUC\850.3), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/SECTION . Title 59, Chapter 63 of the 1976 Code is amended by adding:
"Section 59-63-65. School districts which choose to reduce class size in full day kindergarten programs and in grades one through grade three shall be eligible for funding for the reduced pupil-teacher ratio as funds are made available from the General Assembly. Local match is required for the lower ratio funding based on the Education Finance Act formula. Boards of trustees of each school district may implement the lower pupil-teacher ratio on a school by school basis but must attain an average district pupil-teacher ratio of fifteen to one based on average daily membership in each grade within three years of beginning the reduction in class size in that grade.
Funding for the lower pupil ratio will be made available as follows:
(1) beginning with school year 1998-99, for kindergarten;
(2) beginning with school year 1999-2000, for grade one;
(3) beginning with school year 2000-2001, for grade two;
(4) beginning with school year 2001-2002, for grade three.
The pupil-teacher ratio required is this section is based on the district average daily membership in each grade; however, it is the intent of the General Assembly that this ratio be implemented as much as possible on a school and class basis. District boards of trustees implementing the reduced ratio on a school by school basis shall establish policies to give priority to reduce the ratios in schools with the highest number of students eligible for the federal free and reduced lunch program and these students shall be given priority in implementing the reduced class size. Unobligated funds which become available during the fiscal year will be redistributed to fund additional teachers on a prorated basis./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 16 (GJK\21175SD.98), which was tabled:
Amend the bill, as and if amended, by striking Section 59-18-290 of the 1976 Code, as contained in SECTION 2, which begins on page 17.
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Bryan Cork Courtney Drummond Elliott Hayes Holland Hutto Land Lander Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Rankin Saleeby Setzler Short Smith, J. Verne Waldrep Washington
Alexander Anderson Fair Glover Gregory Grooms Jackson McConnell Peeler Ravenel Reese Ryberg Thomas Wilson
Leventis
The amendment was laid on the table.
Senator SETZLER proposed the following Amendment No. 37A (850R015.NGS), which was adopted:
Amend the bill, as and if amended, Section 59-18-230, page [850-14], line 9, by adding after the words / Section 9-1-1020. / the following:
/For the purpose of determining average final compensation as defined in Section 9-1-10 of the Code of Laws, the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site./
Amend the bill, as and if amended, Section 59-18-600, page [850-27], line 28, by adding after the words /Section 9-1-1020./ the following:
/For the purpose of determining average final compensation as defined in Section 9-1-10 of the Code of Laws, the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site./
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Clerk's Note: Due to conflicts among the various amendments adopted over the last three days, the following correcting amendment (850R016.WHB) is necessary:
Amend the bill, as and if amended, by moving Section 59-18-400, as contained in SECTION 3, to its appropriate numerical order within Chapter 18 of Title 59, as contained in SECTION 2 of the bill.
Amend the bill, as and if amended, by moving Section 59-18-500, as contained in SECTION 10, to its appropriate numerical order within Chapter 18 of Title 59, as contained in SECTION 2 of the bill.
Amend the bill, as and if amended, by moving Section 59-18-600, as contained in SECTION 14, to its appropriate numerical order within Chapter 18 of Title 59, as contained in SECTION 2 of the bill.
Amend the bill, as and if amended, by moving Section 59-18-700, as contained in SECTION 15, to its appropriate numerical order within Chapter 18 of Title 59, as contained in SECTION 2 of the bill.
Amend the bill, as and if amended, by moving Sections 59-18-800 and 59-18-810, as contained in SECTION 16, to their appropriate numerical order within Chapter 18 of Title 59, as contained in SECTION 2 of the bill.
Amend the bill, as and if amended, by placing Amendment 38 (offered by Senators Matthews and Hutto) after SECTION 13 of the bill that amended Sections 59-6-100, 59-6-110, and 59-6-120.
Amend the bill, as and if amended, by renumbering SECTION 11 so that it follows the SECTION that amends Sections 59-6-100, 59-6-110, and 59-6-120 of the Code of Laws.
Amend the bill, as and if amended, by renumbering SECTION 16 so that it follows the SECTION of the bill which amends Section 59-29-10.
Amend the bill, as and if amended, page [850-28], by striking lines 32 and 33 and inserting the following:
/immediately precede a SECTION that has not been designated a Code section within Title 59, are for informational purposes only and must not be used to construe the sections more broadly/
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the question then was the third reading of the Bill.
Senator MOORE spoke on the Bill.
Senator SETZLER spoke on the Bill.
Senator COURSON spoke on the Bill.
Senator PATTERSON spoke on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Ford Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue* Patterson Peeler Rankin Ravenel Reese Russell* Ryberg Saleeby* Setzler Short Smith, J. Verne Waldrep Washington Wilson
Fair Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
We voted "no" on the third reading of S. 850 for the following reasons:
1. Local autonomy has been compromised. Through S. 850, state officials can fire local principals and local superintendents.
2. The Regional Centers create a new level of bureaucracy that neither the PASS Commission nor the House believed was necessary. These millions could be used much more effectively within K-12 in ways that would have a direct positive influence on the classroom, i.e., helping to fund a reduction in class size.
3. The bill is ambiguous as to the actual grade given to the schools and districts. The Greenville School District refers to its "Gifted and Talented" program as the "Challenge Program." S. 850 refers to failing schools as challenged. This will create problems for parents who may not even realize that their child's school is on the endangered species list. Letter grades A, B, C, etc. would be much clearer.
4. The Senate's denial of a parent's right to remove their child from a "challenged" school reveals a lopsided priority. Much rhetoric was given to the support of children but this circumstance reveals that the bill places the best interest of a school or district ahead of the best interest of the child. The child could be locked, via S. 850, into a bad school. The proponents argued that the school may close if the children who want a better academic environment go to a different school. That is accountability!
5. The norm referenced random sampling is an area of real concern. The sampling approach could give a false picture about the state of education in SC as compared to the children in other states. That comparison needs to be made because we need to know if our systems are doing what they were designed to do. Since a new test will be developed to measure the new standards, we will only know if progress is being made when we compare ourselves with other states. Our current norm referenced testing is one good way to guarantee greater accountability.
6. The PASS Commission Standards have already been adopted by the State Board of Education and that was the area of greatest concern. That is to say that the PASS Commission and the Governor wanted to raise the bar in SC by increasing the basic academic standards. The State Board of Education has adopted these standards with minor changes.
It is likely that we will vote "yes" on a conference committee report that deals with these concerns. At this point, however, S. 850 is difficult to defend to the taxpayers and to teachers as being in the best interests of the students in SC.
We continue to place layer upon layer, and initiative upon initiative, and nothing seems to change. We do not want to vote "yes" on a measure just to say we are doing something.
We cannot turn ignorance into education just by calling it "EXCEL".
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
Senator DRUMMOND, with unanimous consent, was recognized to address brief remarks to the Senate.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable L. Earl Pack, Judge of the Summary Court of Sumter, S.C.
Senator LEVENTIS moved that, when the Senate adjourns on Friday, February 20, 1998, it stand adjourned to meet next Tuesday, February 24, 1998, at 12:00 Noon, which motion was adopted.
At 12:55 P.M., on motion of Senator DRUMMOND, 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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