Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

God of all wisdom and Source of all blessings, we pray for light enough to illumine the paths we must walk, for strength from on high to carry heavy responsibilities, for unfaltering courage to stand for what is right. Help us to do our work worthily. Send us forth to our waiting tasks, gratefully aware of our heritage which is worth living for and working for. Save us from imagined fears and worldly anxieties, and may no cloud hide from us the brilliance of Your truths. Keep us safe in the shelter of Your care. Amen.

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

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

Rep. WALKER moved that when the House adjourns, it adjourn in memory of C. Allan Tinsley, husband of Donna Tinsley, executive secretary of the House Education and Public Works Committee, which was agreed to.

The SPEAKER ordered the following veto printed in the Journal:

February 29, 2000
The Honorable David Wilkins
Speaker of the S.C. House of Representatives
Mr. Speaker:

I am hereby vetoing R. 235 (H. 4524 (Word version)) and returning the bill to the House of Representatives. This bill specifically authorizes "dual participation" during the same sports season in organized soccer for Greenville county public school students. In my view, the bill is improper special legislation with possible statewide impact. Interscholastic athletic eligibility decisions should be made by the South Carolina High School League and local school districts rather than by the legislature through special legislation. The High School League, an organization of state high schools and local boards of education that has traditionally determined the circumstances under which students may participate in interscholastic athletic events, currently prohibits dual participation. The League has the ability to amend its bylaws to allow dual participation in sports by high school students, if it chooses, without the authorization of the General Assembly.

Sincerely,
Jim Hodges

The following was received and referred to the appropriate committee for consideration:

Document No. 2480
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 13-7-10, 13-7-40 and 13-7-45
X-Rays (Title B)
Received by Speaker of the House of Representatives
February 28, 2000
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 27, 2000

On motion of Rep. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:

H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives on Wednesday, April 12, 2000, for the purpose of electing members of the Boards of Trustees of Clemson University, Coastal Carolina University, the College of Charleston, Francis Marion University, Lander University, the Medical University of South Carolina, South Carolina State University, the University of South Carolina, the Wil Lou Gray Opportunity School, Winthrop University, and the Board of Visitors of the Citadel, to succeed those members whose terms expire in 2000 or whose positions otherwise must be filled.

(2)   That all nominations be made by the chairman of the joint legislative committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

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

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4690 (Word version) -- Reps. Bowers, Bailey, Inabinett, Lloyd and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-708 SO AS TO DESIGNATE THE SOUTH CAROLINA ARTISANS CENTER IN WALTERBORO AS THE OFFICIAL STATE FOLK ART AND CRAFTS CENTER.
Referred to Committee on Education and Public Works

H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Referred to Committee on Judiciary

H. 4692 (Word version) -- Reps. Neilson, Rhoad, Stuart and Bailey: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO THIRTY THOUSAND DOLLARS.
Referred to Committee on Ways and Means

H. 4693 (Word version) -- Reps. Neilson, Lee, J. Hines, M. Hines, Hosey, Inabinett, Lucas, Parks, Rhoad and Stuart: A BILL TO AMEND SECTION 59-53-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOCATIONAL TRAINING AND PLACEMENT REQUIREMENTS FOR VOCATIONAL TRAINING GRADUATES, SO AS TO REVISE SUCH PLACEMENT REQUIREMENTS AND DELETE CERTAIN REPORTING REQUIREMENTS RELATED THERETO.
Referred to Committee on Education and Public Works

H. 4694 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

H. 4695 (Word version) -- Reps. Knotts, Whatley, Rhoad, Dantzler, Davenport, Haskins, Koon, Leach, Littlejohn and Taylor: A BILL TO AMEND CHAPTER 53, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO BAIL BONDSMEN AND RUNNERS SO AS TO REVISE THE DEFINITIONS OF "ACCOMMODATION BONDSMAN", "BAIL BONDSMAN", "RUNNER", AND "SURETY"; TO REVISE THE CONDITIONS UPON WHICH A SURETY MAY BE RELIEVED ON A BOND; TO REVISE THE CONDITIONS UPON WHICH A BOND MUST BE FORFEITED AND THE PAYMENT OF AN ESTREATMENT; TO REQUIRE THAT A PERSON FILING AN APPLICATION TO BE LICENSED AS A PROFESSIONAL BONDSMAN OR RUNNER MUST HAVE THE FINGERPRINTS AND PHOTOGRAPH HE SUBMITS WITH HIS APPLICATION CERTIFIED BY A LAW ENFORCEMENT OFFICER, AND PROVIDE THAT A BAIL BONDSMAN OR RUNNER MAY ASSIST ANY OTHER BONDING AGENT OR AGENCY IN LOCATING, APPREHENDING, AND RETURNING ANY DEFENDANT WHO HAS VIOLATED A CONDITION OF A BOND; TO PROVIDE THAT AN APPLICANT FOR A LICENSE TO BECOME A RUNNER MUST SHOW THAT HE IS ENDORSED BY A LICENSED BAIL BONDSMAN WHO HAS OBLIGATED HIMSELF TO SUPERVISE HIS ACTIVITIES, AND TO DELETE THE REQUIREMENT THAT HE MUST SHOW THAT HE WILL BE EMPLOYED BY ONLY ONE BAIL BONDSMAN WHO WILL SUPERVISE HIS WORK AND IS RESPONSIBLE FOR HIS

H. 4696 (Word version) -- Reps. Neilson, Knotts, Allen, Bailey, Bowers, J. Brown, Clyburn, Cobb-Hunter, Frye, Gamble, Gilham, Govan, Hamilton, Hawkins, Hayes, J. Hines, Hosey, Huggins, Inabinett, Littlejohn, Lucas, Maddox, McGee, W. McLeod, Moody-Lawrence, J. H. Neal, Parks, Rhoad, Riser, Rodgers, Simrill, Stuart, Whatley and Wilder: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO FORTY THOUSAND DOLLARS.
Referred to Committee on Ways and Means

H. 4697 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, STANDARDS OF PRACTICE, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2377, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4698 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO EFFECT OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2465, PURSUANT TO THE

H. 4699 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, BOARD MEETINGS, LICENSURE, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4700 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO THE REPEAL OF REGULATIONS 99-1 THROUGH 99-42; TO AMEND REGULATION 99-15 TO REQUIRE PHARMACISTS TO DISPLAY ANNUAL RENEWAL CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4701 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO THE REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4702 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS,

H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4704 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT FOR PURPOSES OF REGULATION OF FOOD PREPARATION AND SERVICE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO REGULATION 61-25, A SPECIAL EVENT INCLUDING COMMUNITY CELEBRATIONS, FESTIVALS, AND SPECIAL PROMOTIONS IS AN EVENT WHICH EXCEEDS FOUR DAYS.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4705 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY

H. 4706 (Word version) -- Reps. Allison, Riser and Kelley: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT

H. 4708 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-65 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL

H. 4709 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 51-17-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ACREAGE TO BE ACQUIRED UNDER THE HERITAGE TRUST PROGRAM, SO AS TO DELETE THE LIMIT ON ACREAGE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4710 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE   FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Judiciary

The following was introduced:

H. 4707 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND AND HONOR CAROLINE PARLER OF IRMO, GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, WHO HAS BEEN AWARDED THE PRESTIGIOUS RHODES

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

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hawkins                Hayes                  Hines, J.
Hines, M.              Hinson                 Howard
Huggins                Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill

Smith, D.              Smith, J.              Smith, R.
Stille                 Taylor                 Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

I came in after the roll call and was present for the Session on Tuesday, February 29.

Tracy Edge                        Alex Harvin
Denny Neilson                     Lonnie Hosey
Gilda Cobb-Hunter                 Chuck Allen
Douglas Jennings                  Jackson Whipper
Theodore Brown                    David Mack
Jerry Govan                       Lynn Seithel
Becky Martin                      Harry Askins

The SPEAKER granted Rep. F. SMITH a leave of absence for today and tomorrow due to appearing in federal court.

The SPEAKER granted Rep. BREELAND a leave of absence for the day to attend a funeral.

The SPEAKER granted Rep. VAUGHN a leave of absence for the week due to medical reasons.

Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, February 24.

Announcement was made that Dr. Gerald Harmon of Pawleys Island is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 4550 (Word version)
Date:   ADD:
02/29/00   KNOTTS

Bill Number:   H. 4637 (Word version)
Date:   ADD:
02/29/00   RODGERS

Bill Number:   H. 3215 (Word version)
Date:   ADD:
02/29/00   HUGGINS

Bill Number:   H. 3116 (Word version)
Date:   ADD:
02/29/00   HUGGINS

Bill Number:   H. 3827 (Word version)
Date:   ADD:
02/29/00   HUGGINS

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

S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.

H. 4545 (Word version) -- Reps. Sandifer, Barrett, Cato and Trotter: A BILL TO AMEND SECTION 58-9-2540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE PUBLIC SERVICE COMMISSION FOR MONITORING THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE FOR HEARING AND SPEECH-IMPAIRED PERSONS AND FOR HEARING AND VISUALLY-IMPAIRED PERSONS, SO AS TO ADD REPRESENTATIVES TO THE COMMITTEE FROM THE NATIONAL FEDERATION FOR THE BLIND OF SOUTH CAROLINA AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND.

Rep. SANDIFER explained the Bill.

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

H. 4680 (Word version) -- Rep. Hawkins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24, 25, AND 26, 2000, BY THE STUDENTS AND TEACHERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN OR ANY OTHER PROVISION OF LAW THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.

H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins and Knotts: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.

The following Bill was taken up:

H. 4541 (Word version) -- Reps. Wilkins, Cato, Harrison, Simrill, Haskins, Edge, Quinn, Altman, Knotts, Fleming, Barrett, Gamble, Law, Townsend, Taylor, McGee, Koon, Allison, Barfield, Chellis, Davenport, Easterday, Frye, Harrell, Klauber, Leach, Littlejohn, McKay, Meacham-Richardson, Rice, Riser, Rodgers, Sandifer, Tripp, Trotter, Walker, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9289HTC00):
Amend the bill, as and if amended, in Section 54-3-20, as contained in SECTION 1, page 1, line 36, by deleting /or similar organization/ and line 37, by deleting /or organization/.
Amend title to conform.

Rep. CATO explained the amendment.

Reps. J. H. NEAL, SCOTT, W. MCLEOD, PINCKNEY, LLOYD, MOODY-LAWRENCE, LAW and CATO requested debate on the Bill.

The following Bill was taken up:

H. 4550 (Word version) -- Reps. Sandifer, G. Brown, Askins, Bailey, Barrett, Canty, Cato, Chellis, Davenport, Edge, Fleming, Frye, Gilham, Govan, Harrison, Harvin, Haskins, Hayes, Hosey, Howard, Keegan, Kelley, Kirsh, Lanford, Leach, Limehouse, Littlejohn, Martin, McCraw, M. McLeod, W. McLeod, Meacham-Richardson, Moody-Lawrence, Perry, Phillips, Quinn, Rodgers, J. Smith, R. Smith, Stille, Tripp, Trotter, Walker, Webb, Wilder, Young-Brickell, Neilson, Emory, J. M. Neal and Knotts: A BILL TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11795AC00), which was adopted:
Amend the bill, as and if amended, by deleting beginning on page 14, line 39 through page 30, line 1 and inserting:
/ "Section 40-8-10.   This chapter may be cited as the 'South Carolina Perpetual Care Cemetery Act'.

Section 40-8-20.   For the purposes of administering this chapter, there is established a South Carolina Perpetual Care Cemetery Board with the power and duty to promulgate regulations, approved by the Director of the Department of Labor, Licensing and Regulation, to carry out this chapter as provided for by Section 40-1-10.

Cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of a person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to this chapter.

Section 40-8-30.   As used in this chapter, unless otherwise stated or unless the context clearly indicates otherwise:

(1)   'Administrator' means the individual, appointed by the director, to whom the director has delegated authority to administer the programs of the South Carolina Perpetual Care Cemetery Board.

(2)   'Authorization to operate' or 'operation authorization' means the approval to operate a cemetery, which has been granted by the South Carolina Perpetual Care Cemetery Board. This authorization is granted in the form of a license.

(3)   'Board' means the South Carolina Perpetual Care Cemetery Board.

(4)   'Cemetery' means a place used, dedicated, or designated for cemetery purposes including any one or combination of:

(a)   perpetual care cemeteries;

(b)   burial parks for earth interment;

(c)   mausoleums;

(d)   columbariums.

(5)   'Cemetery company' means a legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by cemetery

(6)   'Columbarium' means a structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.

(7)   'Department' means the Department of Labor, Licensing and Regulation.

(8)   'Director' means the Director of the Department of Labor, Licensing and Regulation, or the director's official designee.

(9)   'Grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.

(10)   'Human remains' or 'remains' means the body of a deceased person and includes the body in any stage of decomposition.

(11)   'Licensee' means a person granted an authorization to operate pursuant to this chapter and refers to a person holding a license granted pursuant to this chapter.

(12)   'Mausoleum' means a structure or building substantially exposed aboveground, intended to be used for the entombment of the remains of a deceased person.

(13)   'Memorial' means a bronze marker set approximately level with the turf for the purpose of identification, or interchanged to mean upright markers in garden sections which are plotted and specified for the use of upright markers. The term 'marker' is interchanged with the term 'memorial' in this chapter.

(14)   'Merchandise' means items used in connection with grave space, niches, mausoleum crypts, granite, memorials, grave liners, and vaults; however, merchandise shall expressly exclude caskets and cremation urns, burial clothing, facilities used for preparation, viewing, and automotive equipment and transportation. Items expressly excluded under the definition of merchandise in this provision must be governed by Chapter 7 of Title 32.

(15)   'Outer burial container' means the following:

(a)   Category I - Protective Outer Burial Container - An outer burial container (vault) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing while resisting the entrance of water or any other element found in the soil in which it is interred.

(b)   Category II - Nonprotective Outer Burial Container - A nonsealing outer burial container (grave liner) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing.

(16)   'Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter.

(17)   'Person' means an individual, corporation, partnership, joint venture, or association.

(18)   'Trust institution' means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.

Section 40-8-40.   No entity may engage in the business of operating a cemetery company, except as authorized by this chapter, without first obtaining a license from the board. A license issued under this chapter is not transferable or assignable and a licensee may not develop or operate a cemetery authorized by this chapter under a name or a location other than that contained in the license.

No entity may hold itself out to be a perpetual care cemetery without an authorization to operate as such by the South Carolina Perpetual Care Cemetery Board.

Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall identify the appropriate sections of the cemetery at application and shall designate each section by a sign on the premises. Portions designated 'Perpetual Care' may not be changed to 'No Perpetual Care' once the designation is made.

Section 40-8-50.   The board consists of seven members. Two appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business; four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association; and one member must be a monument dealer in this State who may be selected from nominees submitted by the Monument Builders of the Carolinas. Of the seven members, three of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of

Section 40-8-60.   The board shall elect annually a chairman and vice-chairman; Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board.

The board shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.

Section 40-8-70.   In addition to the powers and duties included in Sections 40-1-70 through 40-1-100, the board shall establish policies and procedures consistent with this chapter, shall have the full power to regulate the issuance of licenses, and shall discipline licensees in any manner permitted by this chapter or under the provisions of Sections 40-1-110 through 40-1-150.

Section 40-8-75.   The board shall have and use an official seal bearing the name of the board.

Section 40-8-80.   Fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D).

(A)   Initial fees are:

(1)   a license fee of $825.00, annually;

(2)   an application fee of $250.00.

(B)   The license period is from January 1 through December 31.

(C)   Failure to renew a license by the December 31 renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January 31. Delinquent renewal requests not postmarked on or before January 31 require that a

(D)   All fees are nonrefundable.

Section 40-8-90.   (A)   A legal entity wishing to establish a cemetery shall file a written application for authority to do so with the board on forms prescribed and provided by the department.

(1)   Upon receipt of the application and a nonrefundable application fee the board shall cause an investigation to be made to establish the following criteria for approval of the application:

(a)   creation of a legal entity to conduct a cemetery business and the proposed financial structure;

(b)   establishment and maintenance of an irrevocable care and maintenance trust fund agreement with a trust institution doing business in this State, with an initial deposit of not less than fifteen thousand dollars and a bank cashier's or certified check attached for the amount and payable to the trustee with the trust executed by the applicant and accepted by the trustee, conditioned only upon the approval of the application;

(c)   presentation of a plat of the land to be used for a cemetery showing the county or municipality and the names of roads and access streets or ways;

(d)   designation by the legal entity, wishing to establish a cemetery, of a general manager who must be a person having had not less than one year's experience in the cemetery business;

(e)   presentation of development plans sufficient to ensure the community that the cemetery shall provide adequate cemetery services and that the property is suitable for use as a cemetery.

(2)   The board, after receipt of the investigating report and within ninety days after receipt of the application, shall grant or refuse to grant the authority to organize a cemetery;

(3)   If the board intends to deny an application, it shall give written notice to the applicant of its intention to deny. The notice shall state a time and place for a hearing before the board and a summary statement of the reasons for the proposed denial. The notice of intent must be mailed by certified mail to the applicant at the address stated in the application at least fifteen days before the scheduled hearing date. Within thirty days of the hearing, the board must provide the applicant with its written decision regarding its intent to deny the application. An appeal from the board's decision must be made in accordance with the Administrative Procedures Act;

(4)   If the board intends to grant the authority, it shall give written notice that the authority to organize a cemetery has been granted and that a license to operate must be issued upon the completion of the:

(a)   establishment of the irrevocable care and maintenance trust fund and receipt by the board of a certificate from the trust institution certifying receipt of the initial deposit required under this chapter;

(b)   development, ready for burial, of not less than two acres, certified by inspection of the board or its representative;

(c)   presentation of a description, by metes and bounds, of the acreage tract of the proposed cemetery, with evidence, by title insurance policy or certificate or certification by an attorney at law, that the applicant is the owner in fee simple of the tract of land which must contain not less than thirty acres, and may not sell, mortgage, lease, or encumber it. In counties with a population of less than thirty-five thousand inhabitants according to the latest official United States census, the tract needs to be only fifteen acres;

(d)   submission to the board, for its approval, a copy of the cemetery company's policies and procedures as provided for in this chapter.

(B)   If a person proposed to purchase or acquire control of an existing cemetery either by purchasing the outstanding capital stock of any cemetery company or the interest of the owner and thereby to change the control of the cemetery company, the person shall make application on a form prescribed and provided by the board for a license change. The application shall contain the name and address of the proposed new owner. The application for a license change must be accompanied by an initial application fee.

(C) The provisions of subsection (A)(4)(c) relating to the minimum acreage do not apply when the governing body of a municipality which is within fifteen miles of the corporate limits of the City of Charlotte, North Carolina, and in which the cemetery is to be located passes an ordinance authorizing a cemetery with less than thirty acres of land when a license establishes an irrevocable trust with a trust corpus of at least fifteen thousand dollars and five acres of land, and the dedication of fifteen percent of all future sales to deposit in the trust on a quarterly basis.

Section 40-8-100.   (A)   A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in

(B)   A record must be kept of each written complaint received, action taken, and disposition of the complaint. These records must be available for examination by the chairman or other authorized representative of the board.

(C)   The owner of a cemetery shall adopt and enforce policies and procedures for the use, care, control, management, restriction, and protection of the cemetery and its parts and subdivisions, the use of property within a cemetery, the introduction and care of plants or shrubs within the grounds, the conduct of persons and prevention of improper assemblages, and other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish the policies and procedures pursuant to subsection (H). The regulations must be printed or typewritten plainly, posted conspicuously, and maintained, subject to inspection by the board or its designee, at the usual place for transacting the regular business of the cemetery. However, a cemetery licensed under this chapter may not adopt policies or procedures in conflict with this chapter or in derogation of the contract rights of lot owners.

(D)   The owner of a cemetery shall establish reasonable policies and procedures regarding the type material, design, composition, finish, specifications, and installation of merchandise to be used in the cemetery. However, a policy or procedure may not be promulgated which:

(1)   requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company;

(2)   restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument from the vendor of his choice;

(3)   charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument from a

(4)   discriminates against an owner or a purchaser of a lot who has purchased a monument or services related to installation of a monument from a vendor.

(E)   Subsection (D) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker including, but not limited to, the survey, recording, and supervision of the installation of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor.

(F)   These policies and procedures must be posted conspicuously and maintained, subject to inspection by the department, at the usual place for transacting the regular business of the cemetery. A cemetery owner may not prevent the use of merchandise purchased by a lot owner or his representative, agent, heirs, or assigns from any source if the merchandise meets cemetery regulations.

(G)   When a cemetery lot is sold, the cemetery shall disclose on the sales contract cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of the monument, marker, or memorial. Fees charged for installation, care, and maintenance of a monument, marker, or memorial must be shown on the statement as charges separate from its price, and the statement shall disclose the amount of fees to be placed in trust by the cemetery company. The board shall promulgate regulations for the disclosure of fees and services.

(H)   Policies and procedures established, amended, or abolished by a cemetery pursuant to this section must be submitted to the board for its approval.

Section 40-8-110.     (A)   A cemetery company is not permitted to establish a perpetual care cemetery or to operate an already-established perpetual care cemetery without providing for the future care and maintenance of the cemetery, for which a trust fund must be established to be known as 'The Care and Maintenance Trust Fund of (name of licensee)'. If a perpetual care cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this chapter, the board, after thirty days, shall enforce compliance. The

(B)   At the time of making a sale or receiving the initial deposit on the sale of grave space, niche, or mausoleum crypt, the cemetery company shall deliver to the person to whom the sale is made, or who makes the deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund must be used solely for the care and maintenance of the cemetery, for reasonable costs of administering the care and maintenance, and for reasonable costs of administering the trust fund. This information must be included in the sales contract.

(C)   No cemetery shall cause or permit advertising of a perpetual care fund in connection with the sale or offer for sale of its property unless the amount deposited in the care and maintenance trust fund is equal to not less than twenty dollars or a minimum of ten percent of the sale price, whichever is greater, per grave space and niche, and fifty dollars per mausoleum crypt sold or a minimum of five percent of the sales price, whichever is greater. Also, for a memorial or grave marker for installation in a cemetery where perpetual care is promised or guaranteed, the cemetery shall transmit to the care and maintenance trust fund an amount equal to a minimum of eight cents per square inch of the memorial's or the marker's base. All deposits must be made within sixty days upon receipt of final payment.

(D)   Within ninety days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund on forms prescribed and provided by the board. The board shall require the trustee to make any additional financial reports the board considers advisable.

(E)   The care and maintenance trust fund must be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds. The fees and other expenses of the trust fund must be paid from the corpus. To the extent that the net income is not sufficient to pay the fees and other expenses, they must be paid by the cemetery company.

(F)(1)   Upon payment in full, a licensee receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of

The cemetery company shall maintain a record of each deposit into the account, identify the name of the purchaser, the amount of the actual costs to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. This section does not prohibit the licensee from commingling the deposits in a fund of this kind to manage and invest the funds.

(2)   When a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed, delivered, or bonded until a later date, one hundred percent of the cost paid to the seller at the time of deposit must be placed in a merchandise account within sixty days after completion of the contract with interest to accrue and must not be withdrawn without the consent of the purchaser until the time of delivery or construction.

(3)   The funds must be held in a merchandise account as to principal and income earned and must remain intact, until delivery of the merchandise is made by the cemetery company or other entity; however, any service fees charged by the administering financial institution may be deducted from the income. Upon delivery of the merchandise, the cemetery company or other entity shall certify these facts. Upon this certification, the amount of money on deposit to the credit of that particular contract, including principal and income, must be paid to the cemetery company or other entity.

(4)   After payment in full and before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise account to the credit of the purchaser, and within ninety days of receipt of the written demand, the licensee shall deliver the merchandise or refund to the purchaser the amount on deposit to his credit. Upon the refund or delivery of merchandise the cemetery company is relieved from further liability for this merchandise.

(G)   The licensee, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise account fund with the board on forms provided by the board setting forth the principal, investments, and

(H)   The board may cause the examination of the business of a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in this office of the board. A person or an entity being examined shall produce the records of the company needed for the examination.

(I)   A provision of a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive this section is void.

(J)   Cemetery owners shall have a full and complete schedule of charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery.

(K)   A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise account fund is guilty of a misdemeanor and, upon conviction, must be punished pursuant to Section 40-8-190.

(L)   If a report is not received within the required time, the board may levy and collect a penalty of not less than twenty-five dollars a day or more than one hundred dollars a day for each day of delinquency.

Section 40-8-120.     (A)   A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not sell, mortgage, lease, or encumber it.

(B)   The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance.

(C)   A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.

(D)   The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before July 1, 2000. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.

Section 40-8-130.     (A)(1)   A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale, or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within five years after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.

(2)   After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures and is entitled to withdraw all funds deposited to the mausoleum account.

(3)   If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage.

(4)   In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.

(B)(1)   Where the excavation can be accomplished without drilling or the use of equipment other than a shovel or other 'hand tools', burial vaults must be at least ten inches below the earth's surface. As used in this section, 'burial vaults' includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.

(2)   This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that vaults may be placed level with the ground in coastal and lowland cemeteries where the water table is at least two feet below ground level and where cemeteries are not subject to tidal or surface flooding.

Section 40-8-140.     All cemeteries in this State, except family burial grounds, shall display a sign at each entrance containing letters not less than six inches in height stating 'Perpetual Care' or

Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated 'Perpetual Care' cannot be changed to 'No Perpetual Care' once the designation is made.

Section 40-8-150.     In addition to grounds for disciplinary actions as set forth in Section 40-1-110, the board shall take disciplinary action against a licensee who:

(1)   fails to pay the required fees;

(2)   fails to make required reports;

(3)   fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;

(4)   knowingly makes a false statement intended to influence or persuade;

(5)   knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen;

(6)   wilfully violates this chapter or regulations promulgated by the board;

(7)   acts in a fraudulent manner, whether of the same or a different character than specified in this section;

(8)   fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.

Section 40-8-160.     Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information.

Section 40-8-170.     A licensee who is under investigation for any of the grounds provided for in Section 40-8-150 for which the board may take disciplinary action shall voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.

Section 40-8-180.     A person aggrieved by any action of the board may seek review of the decision in accordance with the provisions of Section 40-1-160.

Section 40-8-190.   A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than twelve months, or both.

Section 40-8-200.     The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, or family burial grounds, with the exception of the provisions of Section 40-8-130.

Section 40-8-210.     A legal entity operating a cemetery company on January 1, 2001, may be granted a license valid for one year upon payment of the application fee and license fee as provided for in Section 40-8-80. To receive a renewal license the entity must satisfy the licensure requirements for a cemetery business as provided for in this chapter.

Section 40-8-220.     (A)   A cemetery company which offers free burial rights to a person or group of persons shall, at the time of the offer, clearly state all conditions upon which the offer is made. Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.

(B)   Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.

Section 40-8-230.     If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

Rep. LAW explained the amendment.
The amendment was then adopted.

Reps. NEILSON, LUCAS and J. HINES proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11811AC00):
Amend the bill, as and if amended, by deleting Section 40-8-80 and inserting:
/   Section 40-8-80.   (A)   The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D)

(1)   a license fee of $825.00, annually;

(2)   an application fee of $250.00.

(B)   Notwithstanding subsection (A), the fees for a cemetery in existence on July 1, 2000, which consists of less than twelve acres of land are as follows:

(1)   a license fee of $400.00, annually;

(2)   an application fee of $250.00.

(C)   The license period is from January 1 through December 31.

(D)   Failure to renew a license by the December 31 renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January 31. Delinquent renewal requests not postmarked on or before January 31 require that a new application be submitted under the guidelines in effect for the current period.

(E)   All fees are nonrefundable./
Renumber sections to conform.
Amend totals and title to conform.

Rep. NEILSON explained the amendment.
Rep. LAW spoke in favor of the amendment.

Reps. HINSON, KNOTTS, MCGEE, DAVENPORT, KOON, WHATLEY, RISER and MCMAHAND requested debate on the Bill.

Upon the withdrawal of requests for debate by Reps. MCGEE, KNOTTS and LOFTIS, the following Bill was taken up:

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.

"Section 29-5-440.   Every person who has furnished labor, material, or rental equipment to a bonded contractor or its subcontractors in the prosecution of work provided for in any contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him.

A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment.

For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   2.   Section 11-35-3030(2)(c) of the 1976 Code is amended to read:

"(c) Suits on Payment Bonds--Right to Institute. Every person who has furnished labor or, material, or rental equipment to the a bonded contractor or its his subcontractors for the work specified in the contract, in respect of which a payment bond is furnished under this section, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by such person or material or rental equipment was furnished or supplied by such person for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due such person. Any person having a direct contractual relationship with a subcontractor of the contractor, but no contractual relationship expressed or implied with the contractor furnishing such payment bond, A remote claimant shall have a right of action on the payment bond only upon giving written notice to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made, stating with substantial accuracy the amount claimed as unpaid and the name of the party to whom the material or rental equipment was furnished or supplied or for whom the labor was done or performed. Such written notice to the bonded contractor shall be personally served or served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the bonded contractor at any place the bonded contractor maintains an a permanent office or conducts for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be

No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment.

For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   3.   Section 57-5-1660(b) of the 1976 Code is amended to read:

"(b)   Every person who has furnished labor or, material, or rental equipment in the prosecution of the work provided for in such contract, in respect of which such a bond has been furnished under this section and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him;. provided, however, that any person having direct contractual relationship with a sub-contractor but no contractual relationship expressed or implied with the contractor furnishing the bond A remote claimant shall have a right of action upon the bond only upon giving written notice by certified or registered mail to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material or rental equipment was furnished or supplied or for whom labor was done or performed. However, in no event shall the aggregate

For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor, but no contractual relationship expressed or implied with the bonded contractor. No suit under this section shall be commenced after the expiration of one year after the date of the final settlement of the contract."
SECTION   4.   Chapter 1 of Title 11 of the 1976 Code is amended by adding:

"Section 11-1-120.   When the State or a county, city, public service district, or other political subdivision thereof, or other public entity contracts for construction and requires the person or entity performing the work to furnish a payment bond not governed by Section 11-35-3030(2)(c) or Section 57-5-1660(b), for the protection of persons who furnish labor or, material, or rental equipment to the contractor or its subcontractors for the work specified in the contract, the following provisions shall apply.

Every person who has furnished labor or, material, or rental equipment to a bonded contractor or its subcontractors in the prosecution of the work provided for in the contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material or rental equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such

A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor or, materials, or rental equipment to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or, materials, or rental equipment, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.

No suit under this section shall be commenced after the expiration of one year after the last date of providing or furnishing labor, materials, rental equipment, or services.

For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION   5.   Section 29-5-23 of the 1976 Code, as added by Act 368 of 1992 and amended by Act 34 of 1997, is further amended to read:

"Section 29-5-23.   Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the clerk of court or register of deeds in the county or counties where the real property is situate a notice of project commencement. The notice of project commencement shall contain the following information:

(1)   the name and address of the person filing the notice of commencement;

(2)   the name and address of the owner or developer;

(3)   a general description of the improvement; and

(4)   the location of the project.

The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund. The name and address of the contractor must be posted at the job site. A location notice also must be posted at the job site. The location notice must contain the following statement: 'The contractor on the project has filed a notice of project commencement at the county courthouse. Sub-subcontractors and suppliers to subcontractors shall comply with Section 29-5-20 when filing liens in connection with this project.' The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable. The failure to file a notice of project commencement shall also render the provisions of Sections 29-5-440, 11-35-3030(2)(c), 57-5-1660(b), and 11-1-120, relating to the requirement of a notice of providing labor, materials, or rental equipment inapplicable for a claim against a payment bond furnished by a contractor holding a direct contractual agreement with an owner. The filing of a notice of project commencement shall not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40, nor shall it affect the priority of any mortgage filed before or after the notice, nor shall it affect any future advances under any mortgage. The clerk of court or register of deeds in each county shall maintain a separate book and index of all notices of project commencements."
SECTION   6.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.

Rep. RICE requested debate on the Bill.

Rep. BAILEY continued speaking.

Rep. BAILEY moved to adjourn debate on the Bill until Wednesday, March 1, which was agreed to.

Rep. SCOTT withdrew his request for debate on H. 3555 (Word version); however, other requests for debate remained on the Bill.

Rep. SCOTT withdrew his request for debate on H. 4349 (Word version); however, other requests for debate remained on the Bill.

Rep. SCOTT withdrew his request for debate on H. 4378 (Word version); however, other requests for debate remained on the Bill.

Rep. HAYES withdrew his request for debate on H. 4450 (Word version); however, other requests for debate remained on the Bill.

Rep. LLOYD withdrew his request for debate on H. 4349 (Word version); however, other requests for debate remained on the Bill.

Upon the withdrawal of request for debate by Rep. LLOYD, the following Bill was taken up:

H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11738AC00), which was adopted:
Amend the bill, as and if amended, Section 10-5-260 page 5, immediately after line 37 by inserting:
/   Nothing in this chapter affects in any way government buildings, public buildings, or facilities exempted by any federal law, including the Americans with disabilities Act of 1990, as amended./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.
The amendment was then adopted.

Rep. BAILEY explained the Bill.

Rep. BAILEY moved to adjourn debate on the Bill until Wednesday, March 1, which was agreed to.

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

S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.

Rep. WILDER explained the Senate Amendments.

The following Concurrent Resolution was taken up:

H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

Whereas, Reverend James H. Thompson was born in the Taylors Community of Greenville County on July 8, 1928, the son of Lawrence Edwin Thompson and Esther Wood Thompson; and

Whereas, he began preaching the Gospel in 1948 and after twenty-four years as a fulltime pastor, he entered the field of Christian Broadcasting; and

Whereas, Reverend Thompson is President of Carolina Christian Broadcasting, Inc., Dove Broadcasting, Inc.; and

Whereas, he founded WGGS TV-16 in Greenville, South Carolina, twenty-six years ago; and

Whereas, Reverend Thompson has touched the lives of thousands of men and women through his ministry and has received numerous awards in the field of Christian Broadcasting; and

Whereas, in 1956, he founded and organized Faith Temple Church, where he served as pastor for thirty years and now serves as Pastor Emeritus; and

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

That the members of the General Assembly by this resolution, request the Department of Transportation to name the portion of South Carolina Highway 253 from its intersection with Reid School Road to its intersection with South Carolina Highway 290 in Greenville County as "Reverend James H. Thompson Road", and to place appropriate markers or signs on this road reflecting this designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4598 (Word version) -- Rep. D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 221 LYING BETWEEN HIGHWAY 176 AND INTERSTATE 85 IN SPARTANBURG COUNTY AS THE "DAVID PEARSON BOULEVARD".

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

That the members of the General Assembly, in recognition of the outstanding stock car racing career of David Pearson, his sterling example of sportsmanship over many years in the highly competitive sport of stock car racing, and his being chosen by Sports Illustrated as the top stock car driver of the twentieth century, request that the Department of Transportation name the portion of Highway 221 lying between Highway 176 and Interstate 85 in Spartanburg County as the "David Pearson Boulevard" and install appropriate markers or signs at

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D. TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON TUESDAY, MARCH 7, 2000.

Rep. FLEMING moved to adjourn debate on the Resolution until Wednesday, March 1, which was agreed to.

Rep. CATO moved that the House do now adjourn, which was agreed to.

At 12:55 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of C. Allan Tinsley, husband of Donna Tinsley, executive secretary of the House Education and Public Works Committee, to meet at 10:00 a.m. tomorrow.

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