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:
Most gracious God, keep the edges of our minds keen that our thinking may be straight and true. Strip our hearts of any bitterness that may lie there, and any resentment that threatens our peace. Remove our stubborn pride that keeps us from confessing our faults and makes us unwilling to open our minds to others. Remind us constantly that we are to fill well our places in life, always doing the best we can and leave the harvest to You. Thank You, Lord, for this privilege of prayer. 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.
The Senate returned to the House with amendments the following:
H. 3811 (Word version) -- Reps. Wilkins and Vaughn: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
The SPEAKER, citing Rule 4.8, ordered the Bill committed to the Judiciary Committee.
The following was taken up for immediate consideration:
H. 5066 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT PROGRAM OF SOUTH CAROLINA TO USE THE AVAILABLE COMMITTEE ROOMS LOCATED IN THE BLATT BUILDING AND THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THURSDAY, NOVEMBER 30, 2000, AND FRIDAY, DECEMBER 1, 2000.
Be it resolved by the House of Representatives:
That the YMCA Youth in Government Program of South Carolina is authorized to use the available committee rooms located in the Blatt Building and the Chamber of the South Carolina House of Representatives on Thursday, November 30, 2000, and Friday, December 1, 2000. If the House of Representatives is in statewide session, the House Chamber may not be used.
Be it further resolved that the use of the available committee rooms in the Blatt Building and the Chamber of the South Carolina House of Representatives by the YMCA Youth in Government Program of South Carolina must be in strict accordance with the policies and rules of the South Carolina House of Representatives.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1377 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE USE OF THE HOUSE AND SENATE CHAMBERS ON WEDNESDAY, NOVEMBER 8, 2000, AND ON THURSDAY, NOVEMBER 9, 2000, AND TO USE AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 8, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Student Legislature may use the House and Senate chambers on Wednesday, November 8, 2000, and on Thursday, November 9, 2000, and may use available meeting space in the Blatt Office Building on Wednesday, November 8, 2000, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in statewide session on any of these days, the Blatt Building and the chambers of each house may not be used.
Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.
Be it further resolved that no charge shall be made for the use of these facilities.
Be it further resolved that the provisions of this resolution supercede the provisions of S. 1231 of 2000 which granted use of these facilities to the South Carolina Student Legislature on different dates.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1383 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE EFFORTS OF THE LATE DR. JAMES I. CALIFF OF MYRTLE BEACH IN DIRECTING THE ESTABLISHMENT OF THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC., AND ALSO RECOGNIZING DR. CALIFF'S OTHER LONG AND TIRELESS EFFORTS ON BEHALF OF THE SENIOR CITIZENS OF HORRY COUNTY AND OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1384 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DON B. STILL OF BARNWELL COUNTY FOR HIS DISTINGUISHED CAREER IN PUBLIC EDUCATION, AND WISHING HIM HAPPINESS AND GOOD HEALTH IN ALL HIS FUTURE ENDEAVORS AS HE RETIRES AS DIRECTOR OF THE BARNWELL COUNTY VOCATIONAL CENTER.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1385 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS ALONG THE NORTHBOUND AND SOUTHBOUND LANES OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY CONTAINING THE WORDS "JUANITA M. WHITE CROSSWALK" AT THE POINT WHERE THE HIGHWAY PASSES UNDER THE CROSSWALK.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:
H. 5067 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" MEN'S TENNIS TEAM ON THURSDAY, MAY 18, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2000 CLASS AAAA STATE TENNIS CHAMPIONSHIP FOR THE THIRD YEAR IN A ROW.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the school officials, coaches, and members of the South Aiken High School "Thoroughbreds" Men's Tennis Team on Thursday, May 18, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the 2000 Class AAAA State Tennis Championship.
The Resolution was adopted.
The following was introduced:
H. 5068 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" MEN'S TENNIS TEAM ON THE OCCASION OF WINNING THE 2000 CLASS AAAA STATE TENNIS CHAMPIONSHIP FOR THE THIRD CONSECUTIVE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5069 (Word version) -- Reps. Kirsh, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED "NAVAL ARMED GUARDS DAY" IN SOUTH CAROLINA.
Whereas, the United States Navy established the Naval Armed Guard Service during World War I and World War II to protect merchant ships from enemy submarines, ships, and aircraft; and
Whereas, one hundred forty-four thousand nine hundred seventy sailors volunteered for this dangerous duty and rendered invaluable service in the United States Navy Armed Guard during World War II, as officers, gun crewmen, signalmen, radiomen, and in other rates, when the threat from enemy submarines off the eastern seaboard and even the coast of South Carolina endangered the maritime shipping so vital to the allied war effort; and
Whereas, members of the Naval Armed Guard Service served on six thousand two hundred thirty-six ships during World War II, of which seven hundred ten were sunk as the result of enemy action; and
Whereas, of the more than one hundred forty-four thousand nine hundred officers and men who served in the Naval Armed Guard during World War II as officers, gun crewmen, signalmen, radiomen, and other rates, one thousand eight hundred ten were killed in action or lost at sea; and
Whereas, the value and importance of the service rendered by the United States Naval Armed Guard in preserving our freedom cannot be overestimated inasmuch as it is the considered opinion of naval and military historians that, but for the continuous flow of essential supplies needed by the allied forces, and keeping the vital shipping and supply lines open during the critical phases of World War II, the war could have been lost; and
Whereas, through their courage and commitment to duty, and heroism the members of the Naval Armed Guard upheld the highest traditions of the American naval service with honor and dignity by ensuring the safe delivery of essential cargo and supplies during critical periods of World War II; and
Whereas, it is the desire of the members of the South Carolina House of Representatives to express the gratitude of South Carolina to the Naval Armed Guard for their sacrifice and service, and to join with others in recognizing their distinguished service on the occasion of the ceremony honoring the Naval Armed Guard to be held on Wednesday, June 7, 2000, at 11:00 a.m., on the north steps of the State House. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, recognize and commend the officers and men of the United States Naval Armed Guard who served valiantly with the Merchant Marine during World War II, especially remembering and honoring those brave sailors whose ships were sunk as the result of enemy action and those who gave their lives protecting the merchant marine, and defending essential supplies and vital supply lines all over the world during the critical days of World War II, and express the gratitude of all South Carolinians for the sacrifice and service of the members of the Naval Armed Guard on the occasion of the recognition ceremony for the Naval Armed Guard to be held on June 7, 2000, which has been declared "Naval Armed Guards Day" in South Carolina.
Be it further resolved that a copy of this resolution be presented to the Naval Armed Guard Association.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5070 (Word version) -- Reps. Emory and J. M. Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.
On motion of Rep. EMORY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5071 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED "NAVAL ARMED GUARDS DAY" IN SOUTH CAROLINA.
Whereas, the United States Navy established the Naval Armed Guard Service during World War I and World War II to protect merchant ships from enemy submarines, ships, and aircraft; and
Whereas, one hundred forty-four thousand nine hundred seventy sailors volunteered for this dangerous duty and rendered invaluable service in the United States Navy Armed Guard during World War II, as officers, gun crewmen, signalmen, radiomen, and in other rates, when the threat from enemy submarines off the eastern seaboard and even the coast of South Carolina endangered the maritime shipping so vital to the allied war effort; and
Whereas, members of the Naval Armed Guard Service served on six thousand two hundred thirty-six ships during World War II, of which seven hundred ten were sunk as the result of enemy action; and
Whereas, of the more than one hundred forty-four thousand nine hundred officers and men who served in the Naval Armed Guard during World War II as officers, gun crewmen, signalmen, radiomen, and other rates, one thousand eight hundred ten were killed in action or lost at sea; and
Whereas, the value and importance of the service rendered by the United States Naval Armed Guard in preserving our freedom cannot be overestimated inasmuch as it is the considered opinion of naval and military historians that, but for the continuous flow of essential supplies needed by the allied forces, and keeping the vital shipping and supply lines open during the critical phases of World War II, the war could have been lost; and
Whereas, through their courage and commitment to duty, and heroism the members of the Naval Armed Guard upheld the highest traditions of the American naval service with honor and dignity by ensuring the safe delivery of essential cargo and supplies during critical periods of World War II; and
Whereas, it is the desire of the members of the General Assembly to express the gratitude of South Carolina to the Naval Armed Guard for their sacrifice and service, and to join with others in recognizing their distinguished service on the occasion of the ceremony honoring the Naval Armed Guard to be held on Wednesday, June 7, 2000, at 11:00 a.m., on the north steps of the State House. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, recognize and commend the officers and men of the United States Naval Armed Guard who served valiantly with the Merchant Marine during World War II, especially remembering and honoring those brave sailors whose ships were sunk as the result of enemy action and those who gave their lives protecting the merchant marine, and defending essential supplies and vital supply lines all over the world during the critical days of World War II, and express the gratitude of all South Carolinians for the sacrifice and service of the members of the Naval Armed Guard on the occasion of the recognition ceremony for the Naval Armed Guard to be held on June 7, 2000, which has been declared "Naval Armed Guards Day" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5072 (Word version) -- Reps. Harrell, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM ON BECOMING REGULAR SEASON SOUTHEASTERN CONFERENCE CHAMPIONS FOR 2000, AND SALUTING THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.
Whereas, the University of South Carolina Gamecock baseball team, in what has indeed been a storybook season of thrills and success, has clinched the regular season championship of the Southeastern Conference (SEC) for 2000; and
Whereas, the Gamecocks also have won the East Division title and have emerged as a genuine national championship contender; and
Whereas, the University of South Carolina baseball team has been ranked number one in the country for five consecutive weeks; the Gamecocks have compiled an overall record of 50-6, which is the best record in the nation; they have compiled an SEC-leading record of 25-5 and started the 2000 season with a twenty-two game winning streak, an SEC record; and
Whereas, the Gamecocks, with twenty consecutive conference victories, tied the SEC record in that category; they also ran off twenty-four straight victories toward the latter part of the regular season; and
Whereas, the Gamecocks appear to have it all this year -- pitching, hitting, catching, and fielding; the team has tremendous confidence in their ability to win games, having come from behind late in numerous contests to clinch thrilling victories; attendance has skyrocketed sixty-three percent over last year at Sarge Frye Field; and the University of South Carolina has been selected to host a NCAA regional tournament on May 26-28; and
Whereas, the Gamecocks have swept several SEC foes in three-game conference series, namely, Auburn, Alabama, Mississippi State, Vanderbilt, Kentucky, Georgia, and Tennessee, and also defeated arch-rival Clemson in both games played between the Gamecocks and Tigers during the regular season; and
Whereas, coaching has been stellar by the entire coaching staff, and Head Coach Ray Tanner is a top candidate for "National Coach of the Year" and has already been named SEC Coach of the Year for 2000; and
Whereas, the Gamecocks' ace pitcher, Kip Bouknight of Lexington County (Brookland Cayce High School), has been named the SEC's Player of the Year for 2000. Bouknight led the conference in ERA (2.66), strikeouts (122), and wins (15-0); and
Whereas, as voted by the twelve head coaches in the SEC Conference, five Gamecocks were named to the All-SEC baseball team. They are Kip Bouknight and Scott Barber on the first team and Drew Meyer, Nate Janowicz, and Peter Bauer on the second team; and
Whereas, success seems to know no bounds for this amazing baseball squad; they are the talk of the whole country; they have accomplished so much since the 2000 season began in early February and appear poised to achieve even more as the regular season winds down and post-season play begins; they have brought great joy to the hearts of the Gamecock faithful everywhere and have made all South Carolinians very, very proud; and
Whereas, we are greatly pleased to have the opportunity to recognize and honor this fantastic baseball team and program in this special manner. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the University of South Carolina Gamecock baseball team on becoming regular season SEC champions for 2000 and salutes the team, coaches, and support personnel for all of their amazing success and accomplishments during this dream season.
Be it further resolved that a copy of this resolution be forwarded to the University of South Carolina baseball team, coaches, and support personnel in care of Head Coach Ray Tanner.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5073 (Word version) -- Rep. Loftis: A HOUSE RESOLUTION RECOGNIZING THE NATIONWIDE INSURANCE COMPANY CIVIC ACTION PROGRAM, AND COMMENDING ITS PARTICIPANTS FOR THEIR INVOLVEMENT IN INSURANCE MATTERS BEFORE THE GENERAL ASSEMBLY.
The Resolution was adopted.
The following was introduced:
H. 5074 (Word version) -- Reps. Klauber, Carnell and Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF U.S. HIGHWAY 72 FROM ITS INTERSECTION WITH HIGHWAY 702 TO COTHRAN'S BRIDGE AT THE GREENWOOD COUNTY LINE AS THE "HAROLD LUMLEY, SR. HIGHWAY" IN MEMORY OF AN OUTSTANDING AGRICULTURIST AND LEADER IN THE FARMING COMMUNITY, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5075 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS SOCCER TEAM, HEAD COACH, KEVIN DARLINGTON, AND HIS STAFF ON WINNING THE 2000 CLASS AAAA LOWER STATE CHAMPIONSHIP.
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 Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 16.
Bill Cotty Fletcher Smith Lewis Vaughn Gilda Cobb-Hunter Joseph Neal Clementa Pinckney Chuck Allen Jerry Govan Larry Koon Ralph Canty Anthony Harris Ronald Fleming William Clyburn
LEAVE OF ABSENCE
The SPEAKER granted Rep. CLYBURN a temporary leave of absence.
The SPEAKER granted Rep. FLEMING a temporary leave of absence.
The SPEAKER granted Rep. INABINETT a leave of absence for the week due to family illness.
Announcement was made that Dr. Thomas Stoughton of Florence is the Doctor of the Day for the General Assembly.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5063 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Rep. PARKS explained the Bill.
The following Bill was taken up:
S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7213JM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Service Contracts Model Act".
SECTION 2. Title 38 of the 1976 Code is amended by adding:
Section 38-78-10. (A) The purpose of this chapter is to create a legal framework within which service contracts may be sold in this State.
(B) This chapter does not apply to:
(1) warranties;
(2) maintenance agreements;
(3) commercial transactions;
(4) warranties, service contracts, or maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the Public Service Commission or the Department of Health and Environmental Control;
(5) service contracts sold or offered for sale to persons other than consumers.
(C) Motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products shall comply with Sections 38-78-50 (A) and (D), to (N), Section 38-78-60, and Section 38-78-100, as applicable.
(D) The types of agreements referred to in subsection (B) of this section do not have to comply with any provision of the insurance laws of this State.
Section 38-78-20. As used in this chapter:
(1) 'Administrator' means the person who is responsible for the administration of the service contracts or the service contracts plan or who is responsible for any filings required by this chapter.
(2) 'Director' means the Director of the Department of Insurance.
(3) 'Consumer' means a natural person who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
(4) 'Maintenance agreement' means a contract of limited duration that provides for scheduled maintenance only.
(5) 'Motor vehicle manufacturer' means a person that:
(a) manufactures or produces motor vehicles and sells motor vehicles under its own name or label;
(b) is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;
(c) is a corporation which owns one hundred percent of the person who manufactures or produces motor vehicles;
(d) does not manufacture or produce motor vehicles, but sells motor vehicles under its trade name label;
(e) manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person; or
(f) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person that sells motor vehicles under the licensor's trade name or label.
(6) 'Nonoriginal manufacturer's parts' means replacement parts not made for or by the original manufacturer of the property commonly referred to as 'after market parts'.
(7) 'Person' means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert.
(8) 'Premium' means the consideration paid to an insurer for a reimbursement insurance policy.
(9) 'Provider' means a person who is contractually obligated to the service contract holder under the terms of the service contract.
(10) 'Provider fee' means the consideration paid for a service contract.
(11) 'Reimbursement insurance policy' means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.
(12) 'Service contract' means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances including, but not limited to, towing, rental, and emergency road service. Service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling.
(13) 'Service contract holder' or 'contract holder' means a person who is the purchaser or holder of a service contract.
(14) 'Warranty' means a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product, that is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services.
Section 38-78-30. (A) A provider may, but is not required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this chapter.
(B) A service contract must not be issued, sold, or offered for sale in this State unless the provider or its designee has:
(1) provided a receipt for, or other written evidence of, the purchase of the service contract to the contract holder;
(2) provided a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase; and
(3) complied with this chapter.
(C) Each provider of service contracts sold in this State shall file a registration with the director on a form prescribed by the director. Each provider shall pay to the department a fee of two hundred dollars annually.
(D) In order to assure the faithful performance of a provider's obligations to its contract holders each provider shall be responsible for complying with the requirements of either item (1), (2), or (3) of this subsection (D), which was adopted:
(1) insure all service contracts under a reimbursement insurance policy issued by an insurer authorized to transact insurance business in this State or issued pursuant to Section 38-45-110; or
(2)(a) maintain a funded reserve account for its obligations under its service contracts issued and outstanding in this State. The reserves may not be less than forty percent of gross consideration received, less claims paid, on the sale of the service contract for all in-force contracts. The reserve account is subject to examination and review by the director; and
(b) place in trust with the director a financial security deposit having a value of not less than five percent of the gross consideration received, less claims paid, on the sale of the service contract for all service contracts issued and in force, but not less than twenty-five thousand dollars, consisting of one of the following:
(i) a surety bond issued by an authorized surety;
(ii) securities of the type eligible for deposit by authorized insurers in this State;
(iii) cash;
(iv) a letter of credit issued by a qualified financial institution; or
(v) another form of security prescribed by regulations promulgated by the director; or
(3)(a) maintain or its parent company maintain, a net worth or stockholder's equity of one hundred million dollars; and
(b) upon request, provide the director with a copy of the provider's, or the provider's parent company's, most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission (SEC) within the last calendar year, or if the provider or the provider's parent company does not file with the SEC, a copy of the provider's or the provider's parent company's audited financial statements which show a net worth of the provider or its parent company of at least one hundred million dollars. If the provider's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the provider's financial stability requirement, then the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in this State.
(E) Except for the requirements specified in subsection (D) of this section, no other financial security requirements shall be required by the director for service contract providers.
(F) Service contracts shall require the provider to permit the service contract holder to return the service contract within twenty days of the date the service contract was mailed to the service contract holder or within ten days of delivery if the service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the service contract. Upon return of the service contract to the provider within the applicable time period, if no claim has been made under the service contract prior to its return to the provider, the service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the service contract. The right to void the service contract provided in this subsection is not transferable and shall apply only to the original service contract purchaser and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the service contract to the provider.
(G) If the provider cancels the service contract, the provider shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least fifteen days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(H) Provider fees collected on service contract are not subject to premium taxes.
(I) Except for the registration requirements in subsection (C) of this section, providers and related service contract sellers, administrators, and other persons marketing, selling, or offering to sell service contracts are exempt from state licensing requirements.
(J) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exempt from all other provisions of Title 38.
Section 38-78-40. (A) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale in this State shall conspicuously state that the insurer that issued the policy shall either reimburse or pay on behalf of the provider any covered sums the provider is legally obligated to pay or in the event of the provider's nonperformance, shall provide the service which the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.
(B) In the event covered service is not provided by the service contract provider within sixty days of proof of loss by the service contract holder, the contract holder is entitled to apply directly to the reimbursement insurance company.
Section 38-78-50. (A) Service contracts marketed, issued, sold, offered for sale, made, proposed to be made, or administered in this State shall be written, printed, or typed in clear, understandable language that is easy to read and shall disclose the requirements in this section as applicable.
(B) Service contracts insured under a reimbursement insurance policy pursuant to Section 38-78-30(D)(1) shall contain a statement in substantially the following form: 'Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.' The service contract shall also conspicuously state the name and address of the insurer.
(C) Service contracts not insured under a reimbursement insurance policy pursuant to Section 38-78-30(D)(1) of this chapter shall contain a statement in substantially the following form: 'Obligations of the provider under this service contract are backed by the full faith and credit of the provider.' A claim against the provider shall also include a claim for return of the unearned provider fee. The service contract shall also conspicuously state the name and address of the provider.
(D) Service contracts shall identify any administrator, if different from the providers, the provider obligated to perform the service under the contract, the service contract seller, and the service contract holder to the extent that the name of the service contract holder has been furnished by the service contract holder. The identities of such parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(E) Service contracts shall conspicuously state the total purchase price and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(F) If prior approval of repair work is required, the service contracts shall conspicuously state the procedure for obtaining prior approval and for making a claim, including either a toll-free telephone number for claim service or a procedure for obtaining emergency repairs performed outside of normal business hours.
(G) Service contracts shall conspicuously state the existence of any deductible amount, if applicable.
(H) Service contracts shall specify the merchandise and services to be provided and any limitations, exceptions, or exclusions.
(I) Service contracts covering automobiles shall state the conditions upon which the use of nonoriginal manufacturers' parts, or substitute service, may be allowed. Conditions stated shall comply with applicable state and federal laws.
(J) Service contracts shall state any restrictions governing the transferability of the service contract, if applicable.
(K) Service contracts shall state the terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder.
(L) Service contracts shall set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and any requirement to follow the owner's manual.
(M) Service contracts shall clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions, if applicable.
(N) Service contracts must disclose the right of the service contract holder to return the contract and receive a full refund pursuant to Section 38-78-30(F).
Section 38-78-60. (A) A provider may not use in its name the words 'insurance', 'casualty', 'guaranty', 'surety', 'mutual', or any other words descriptive of the insurance, casualty, guaranty, or surety business or a name deceptively similar to the name or description of any insurance or surety corporation or any other provider. This section does not apply to a company that was using any of the prohibited language in its name before the effective date of this chapter. However, a company using the prohibited language in its name shall conspicuously include in its service contracts a statement in substantially the following form: 'This agreement is not an insurance contract'.
(B) A provider or its representative in its service contracts or literature may not make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract.
(C) A person such as a bank, savings and loan association, lending institution, manufacturer or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
Section 38-78-70. (A) A provider shall maintain accurate accounts, books, and records concerning transactions regulated under this chapter which shall include:
(1) copies of each type of service contract issued;
(2) the name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
(3) a list of the locations where service contracts are marketed, sold, or offered for sale; and
(4) recorded claims files which shall contain at least the dates and description of claims related to the service contracts.
Except as provided in subsection (B), the provider shall retain all records required to be maintained by this section for at least one year after the specified period of coverage has expired.
The records required under this chapter may be, but are not required to be, maintained on a computer disk or other record-keeping technology. If records are maintained in other than hard copy, the records must be capable of duplication to legible hard copy at the request of the director.
(B) A provider discontinuing business in this State shall maintain its records until it furnishes the director satisfactory proof that it has discharged all obligations to contract holders in this State.
(C) The provider shall make all accounts, books, and records concerning transactions regulated under this chapter, or other pertinent laws, available to the director upon request.
Section 38-78-80. As applicable, an insurer that issued a reimbursement insurance policy may not terminate the policy until a notice of termination in accordance with Chapter 75 of this title has been mailed or delivered to the director. The termination of a reimbursement insurance policy does not reduce the issuer's responsibility for service contracts issued by providers before the date of the termination.
Section 38-78-90. (A) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for such insurance upon the payment of provider fees by consumers for service contracts issued by such insured providers.
(B) This chapter does not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the issuer pays, or is obligated to pay, the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract or under a contractual agreement.
Section 38-78-100. (A) The director may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of this chapter and protect service contract holders in this State. Upon request of the director, the provider shall make all accounts, books, and records concerning service contracts sold by the provider available to the director which are necessary to enable the director to reasonably determine compliance or noncompliance with this chapter.
(B) The director may take action which is necessary or appropriate to enforce the provisions of this chapter and the director's regulations and orders and to protect service contract holders in this State.
If a service contract provider violates a provision of this chapter, a regulation promulgated under this chapter, or an order issued by the director, the director may:
(1) order the service contract provider to cease and desist from committing the violation;
(2) issue an order prohibiting a service contract provider from selling or offering for sale service contracts;
(3) issue an order imposing a civil penalty; or
(4) any combination of these.
(C) A person aggrieved by an order issued under this section may request a hearing before the director. The hearing request must be filed with the director within twenty days of the date the director's order is effective.
Pending the hearing and the decision by the director, the director shall suspend the effective date of the order.
At the hearing, the burden is on the director to show why the order issued pursuant to this section is justified. If the issuance of the order is upheld by the director, the person may file an appeal with the Administrative Law Judge Division.
(D) The director may bring an action under the Administrative Law Judge Division or in circuit court for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the director's orders or regulations. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or regulations of the director.
(E) A person in violation of this chapter or an order or regulation of the director may be assessed a civil penalty not to exceed one thousand dollars per violation and no more than ten thousand dollars in the aggregate for all violations of a similar nature; provided however, that if a person is found by a court of competent jurisdiction to have been in wilful violation of this chapter or an order or regulation of the director, then such person is subject to a penalty of one thousand dollars per violation with no aggregate limit.
For purposes of this section, violations of a similar nature, which are considered technical and unintentional by the Department of Insurance lacking the requisite wilful intent, are subject to the ten thousand dollar aggregate penalty limit and are defined as a violation which consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this chapter occurred.
(F) The authority of the director under this section is in addition to other authority of the director as provided by law.
Section 38-78-110. The director may promulgate regulations necessary to effectuate this chapter.
Section 38-78-120. If any provision of this chapter, or the application of the provision to any person or circumstances, is held invalid, the remainder of the chapter, and the application of the provision to a person or circumstances other than those as to which it is held invalid, is not affected."
SECTION 3. Service contracts entered into prior to October 1, 2000, and renewals thereof, may, but are not required, to comply with Chapter 78, Title 38 of 1976 Code of Laws. Providers and other persons are not required to comply with said chapter until October 1, 2000. A provider or other person may, but is not required to, implement the requirements of said chapter prior to October 1, 2000. The failure of a provider or other person to comply with said chapter, or otherwise to administer a service contract plan in the manner required by that chapter, prior to October 1, 2000, shall not be admissible in any court, arbitration, or alternative dispute resolution proceeding or otherwise used to prove that the action of any person, or the service contract, was unlawful or otherwise improper.
SECTION 4. This act takes effect October 1, 2000. /
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, May 17, which was adopted:
H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.
The following Bill was taken up:
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12007AC00), which was adopted:
Amend the bill, as and if amended, by deleting Section 48-46-40(A)(1) and (2) on page 5, lines 5 through 16 and inserting:
/ Section 48-46-40. (A)(1) The board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State. The approval of disposal rates pursuant to this chapter is neither a regulation nor the promulgation of a regulation as those terms are specially used in Title 1, Chapter 23.
(2) The board shall adopt a rate schedule for regional generators containing rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates available to regional generators during the last two quarters of calendar year 1999."/
Amend the bill further, Section 48-46-60(A)(5)(a) page 16, line 14 after /Counties/ by inserting /and projects in the Williston area of Aiken County/ so when amended, Section 48-46-60(A)(5)(a) reads:
/ (a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board. Upon approval of the Barnwell County governing body and the board, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;/
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name B21\1129.1), which was adopted:
Amend the bill, as and if amended, by striking lines 4 through 19 on page 2 (the preamble)
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. WILKES moved to table the amendment, which was rejected.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name B21\1129.3), which was tabled:
Amend the bill, as and if amended, by changing the language of subsection (9) on page 3 to read as follows: 'generator' means a person, organization, institution, private corporation, or government agency that produces A, B, or C radioactive wastes within the borders of the member states of the compact to which South Carolina belongs as a member.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. WILKES spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. WILKES spoke against the amendment.
Rep. WILKES moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bales Barfield Barrett Battle Bowers Brown, H. Brown, J. Cato Chellis Dantzler Davenport Emory Frye Gamble Gourdine Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hosey Howard Huggins Kelley Kennedy Klauber Knotts Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas McGee Miller Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Riser Rodgers Sandifer Scott Sharpe Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Brown, G. Campsen Carnell Cobb-Hunter Cotty Delleney Easterday Gilham Hamilton Keegan Kirsh Mack McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Rice Robinson Rutherford Sheheen Smith, F. Webb Wilder
So, the amendment was tabled.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 3A (Doc Name GJK\AMEND\21323SD00), which was adopted:
Amend the bill, as and if amended, in Section 48-46-40(E)(3) of the 1976 Code, as contained in SECTION 1, by striking the second sentence of item (3) which begins on line 38, page 13, and inserting: /Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144 of Title 59./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. SHARPE and WILKES proposed the following Amendment No. 3B (Doc Name COUNCIL\PSD\AMEND\7224AC00), which was adopted:
Amend the bill, as and if amended, page 1129-1, by deleting Section 48-46-40(A)(2) on lines 35-41 and inserting:
/ (2) The board shall adopt a maximum uniform rate schedule for regional generators containing disposal rates that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the approximate disposal rates, excluding any access fees and including a specification of the methodology for calculating fees for large components, generally applicable to regional generators on September 7, 1999. Any disposal rates contained in a valid written agreement that were applicable to a regional generator on September 7, 1999, that differ from rates in the maximum uniform rate schedule will continue to be honored through the term of such agreement. The maximum uniform rate schedule approved under this section become effective immediately upon South Carolina's membership in the Atlantic Compact. The maximum uniform rate schedule shall be the rate schedule applicable to regional waste whenever it is not superseded by an adjusted rate approved by the board pursuant to paragraph (3) of this subsection or by special disposal rates approved pursuant to paragraphs (5) or 6(e) of this subsection. /
Amend the bill further, page 7, by deleting Section 48-46-40(A)(6)(c), on lines 19-22, and inserting:
/ (c) Absent action by the board under subsection (b) above to establish disposal rates for nonregional generators, rates applicable to these generators must be equal to those contained in the maximum uniform rate schedule approved by the board pursuant to paragraph (2) or (3) of this subsection for regional generators unless these rates are superseded by special disposal rates approved by the board pursuant to paragraph (6)(e) of this subsection. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Reps. HARRELL and KEEGAN proposed the following Amendment No. 4 (Doc Name BBM\AMEND\9562HTC00), which was adopted:
Amend the bill, as and if amended, in Section 48-46-40, as contained in SECTION 1, page 14, by adding immediately after line 2:
/ (F) Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C)./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 7 (Doc Name B21\1129.3), which was tabled:
Amend the bill, as and if amended, by changing the language of subsection (9) on page 3 to read as follows: 'generator' means a person, organization, institution, private corporation, or government agency that produces A, B, or C radioactive wastes within the borders of the member states of the compact to which South Carolina belongs as a member.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. SHARPE spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHARPE moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Barrett Battle Breeland Brown, G. Brown, H. Brown, T. Campsen Carnell Chellis Cooper Dantzler Davenport Easterday Edge Emory Frye Gamble Gourdine Hamilton Harrison Harvin Haskins Hayes Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Lloyd Loftis Lourie Lucas McCraw McGee McKay Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rutherford Sandifer Scott Sharpe Smith, D. Smith, F. Smith, R. Stille Tripp Trotter Vaughn Webb Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Brown, J. Cato Cobb-Hunter Cotty Delleney Gilham Kirsh Lanford Mack Martin McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Pinckney Rodgers Sheheen Simrill Smith, J. Stuart Walker Wilder
So, the amendment was tabled.
Reps. MEACHAM-RICHARDSON, SIMRILL, SANDIFER, KIRSH and MOODY-LAWRENCE requested debate on the Bill.
Rep. COTTY withdrew his request for debate on S. 1129; however, other requests for debate remained on the Bill.
Rep. TROTTER withdrew his request for debate on the following Bill:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Reps. HAYES and BALES withdrew their requests for debate on the following Bill:
H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
Rep. SCOTT withdrew his request for debate on S. 1129; however, other requests for debate remained on the Bill.
Reps. TOWNSEND and TROTTER withdrew their requests for debate on S. 1078; however, other requests for debate remained on the Bill.
Rep. ROBINSON withdrew his request for debate on S. 304; however, other requests for debate remained on the Bill.
Rep. D. SMITH withdrew his request for debate on S. 1204; however, other requests for debate remained on the Bill.
Rep. TROTTER withdrew his request for debate on the following Bill:
S. 1329 (Word version) -- Senators Peeler and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
Rep. TROTTER, with unanimous consent, withdrew his request for debate on H. 4713; however, other requests for debate remained on the Bill.
Reps. FRYE, ALTMAN and KOON, with unanimous consent, withdrew their requests for debate on the following Joint Resolution:
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day due to illness in the family.
Rep. D. SMITH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Cotty Delleney Easterday Edge Emory Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lourie Lucas Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Howard Lloyd Parks Rutherford Scott
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. D. SMITH, SIMRILL and F. SMITH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:
Section 16-13-500. This article may be cited as the 'Personal Financial Security Act'.
Section 16-13-510. (A) It is unlawful for a person to commit the offense of financial identity fraud.
(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:
(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or
(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C).
(C) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures; or
(10) other numbers or information which may be used to access a person's financial resources.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322.
Section 16-13-520. In a criminal proceeding brought pursuant to this article, the crime is considered to have been committed in a county in which a part of the financial identity fraud took place, regardless of whether the defendant was ever actually in that county.
Section 16-13-530. Nothing in this article may be construed to apply to:
(1) the lawful acquisition and use of credit or other information in the course of a bona fide consumer or commercial transaction or in connection with an account by any financial institution or entity defined in or required to comply with the Federal Fair Credit Reporting Act, 15 U.S.C.A. Section 1681, or the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338;
(2) the lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; or
(3) the lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive."
SECTION 2. (1) Sections 16-13-10 through 16-13-490 of the 1976 Code are designated as Article 1, Chapter 13 of Title 16 of the 1976 Code.
(2) Article 1 of Chapter 13 of Title 16 of the 1976 Code is amended by adding:
SECTION 3. (A) A joint legislative study committee is created to study personal information privacy issues, to examine the relationship of information technology and privacy issues, and to seek to establish an appropriate balance which promotes the use of information for legitimate business purposes, including biometric technology for use in preventing identity theft and fraud, while safeguarding the personal privacy rights of the citizens of South Carolina.
(B) The joint legislative study committee shall be composed of nineteen members to include:
(1) three members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;
(2) three members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;
(3) two members of the media, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(4) one member of the South Carolina Merchants Association to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(5) a representative of the National Organization Mandating Equitable Databases or if that organization chooses not to participate, a representative of a similar personal privacy protection advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(6) two consumer victims of identity fraud, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(7) three members of the financial services industry, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee and one to be jointly appointed by both Chairmen;
(8) two representatives of consumer protection organizations to be jointly appointed by both Chairmen; and
(9) two members of the information technology industry, one to be appointed by the Chairman of the Senate Judiciary Committee and one to be appointed by the Chairman of the House Judiciary Committee.
(C) The study committee must submit its report to the General Assembly no later than October 15, 2000, at which time the committee is dissolved.
(D) The study committee shall be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff."
SECTION 4. This act takes effect upon approval by the Governor and applies to all offenses committed on or after that date. /
Amend title to conform.
James Edward Bryan, Jr. Gary J. Simrill Maggie Wallace Glover William Douglas Smith Chauncey K. Gregory Fletcher Nathaniel Smith, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CHELLIS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5076 (Word version) -- Reps. J. Brown and Rutherford: A HOUSE RESOLUTION TO CONGRATULATE MRS. MAGGIE W. BROWN OF COLUMBIA FOR HER MANY ACCOMPLISHMENTS DURING A LONG, ACTIVE, AND PRODUCTIVE LIFE AND TO JOIN WITH HER FAMILY AND MANY FRIENDS IN WISHING HER THE VERY BEST IN HEALTH AND HAPPINESS ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND IN THE YEARS TO COME.
The Resolution was adopted.
The following was introduced:
H. 5077 (Word version) -- Reps. Rhoad, Hosey, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DON B. STILL OF BARNWELL COUNTY FOR HIS DISTINGUISHED CAREER IN PUBLIC EDUCATION, AND WISHING HIM HAPPINESS AND GOOD HEALTH IN ALL HIS FUTURE ENDEAVORS AS HE RETIRES AS DIRECTOR OF THE BARNWELL COUNTY VOCATIONAL CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5078 (Word version) -- Reps. Chellis, Young-Brickell and Bailey: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
On motion of Rep. CHELLIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was received:
Columbia, S.C., May 16, 2000
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:15 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TROTTER the invitation was accepted.
Rep. TROTTER moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R300, S. 437 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS, AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS, AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.
(R301, S. 571 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
(R302, S. 703 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
(R303, S. 1054 (Word version)) -- Senators Grooms and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132 SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
(R304, S. 1130 (Word version)) -- Senator Leventis: AN ACT TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO, AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE; AND TO PROVIDE THAT TRAINING REQUIRED PURSUANT TO THIS ACT MUST BE COMPLETED WITHIN EIGHTEEN MONTHS OF THIS ACT'S EFFECTIVE DATE.
(R305, S. 1210 (Word version)) -- Senator Short: AN ACT TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1999, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
(R306, S. 1212 (Word version)) -- Senator J. V. Smith: AN ACT TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
(R307, S. 1263 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
(R308, S. 1331 (Word version)) -- Senator Waldrep: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
(R309, S. 1332 (Word version)) -- Senators Ryberg and Wilson: AN ACT TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996 AS A RESULT OF A FELONY COMMITTED AGAINST THE EMPLOYEE AND TO LIMIT THIS TUITION TO UNDERGRADUATE COURSES OR CURRICULUM; AND BY ADDING SECTION 59-111-145 TO DEFINE "GOVERNMENT EMPLOYEE" FOR PURPOSES OF THE TUITION PAYMENTS AUTHORIZED BY THIS ACT AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
(R310, H. 3699 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES, TO INCREASE THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE BLIND OR PERMANENTLY AND TOTALLY DISABLED, FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD, AND PROVIDE THE SOURCE OF THE FUNDS TO REIMBURSE LOCAL PROPERTY TAXING ENTITIES FOR THE REVENUES NOT COLLECTED BECAUSE OF THE INCREASED EXEMPTION, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-640, SO AS TO PROVIDE THE PURPOSE OF MONIES GRANTED TO THE COMMISSIONERS OF PILOTAGE AND PROVIDE THAT THESE GRANT FUNDS ARE NOT SUBJECT TO STATE INCOME TAX; BY ADDING CHAPTER 130 IN TITLE 44, RELATING TO HEALTH, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
(R311, H. 3741 (Word version)) -- Reps. Sharpe, Wilkes and Davenport: AN ACT TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND, TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO CONFORM TO THESE CHANGES, WHEN ECONOMICALLY AND PRACTICALLY FEASIBLE.
(R312, H. 3782 (Word version)) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham-Richardson, Miller, J.H. Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: AN ACT TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE WHEN DONATED AFTER MAY 31, 2001, TO PROVIDE A CAP ON THIS CREDIT AND TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE AND TO PROVIDE DEFINITIONS, BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND, INCLUDING THE PROMOTION OF DONATIONS OF LANDS AND CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY, TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT OR DONATION OF LAND TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT; TO AMEND SECTION 12-36-130, RELATING TO THE DEFINITION OF THE TERM "SALES PRICE" FOR SALES AND USE TAX PURPOSES, SO AS TO DEFINE SALES PRICE FOR PURPOSES OF THE SALE OF AN "AUDIOVISUAL MASTER", AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT THE SALE OF AUDIOVISUAL MASTERS MADE OR USED BY A PRODUCTION COMPANY MAKING VISUAL AND AUDIO IMAGES FOR FIRST GENERATION REPRODUCTION, AND TO WAIVE TAXES, PENALTIES, AND INTEREST DUE ON SALES AND USE TAX UNDER PAYMENTS RELATING TO PRIOR TRANSACTIONS ARISING FROM THE SALE OR USE OF AUDIOVISUAL MASTERS; TO AMEND SECTION 4-12-10 AND SECTION 4-12-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF FEES IN LIEU OF TAXES AND THE APPLICATION OF THE FEE TO ELIGIBLE PROJECTS, SO AS TO EXTEND THE BENEFITS OF SUCH FEE AGREEMENTS TO SPONSORS AND SPONSOR AFFILIATES OF THE PROJECTS RATHER THAN A SINGLE ENTITY, AND TO ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO INVESTORS, AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS, AND TO AMEND SECTIONS 12-44-30, AS AMENDED, 12-44-40, 12-44-120, AND 12-44-130, RELATING TO DEFINITIONS, TRANSFER OF INTERESTS, TERMINATION OR AMENDMENT, AND MINIMUM INVESTMENT REQUIREMENTS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ELIMINATE THE SINGLE ENTITY REQUIREMENT FOR A SPONSOR AND ELIMINATE APPLICATION OF INTERNAL REVENUE CODE "CONTROLLED GROUP OF CORPORATIONS" PRINCIPLES TO SPONSORS AND TO INCLUDE TYPES OF INTERESTS OTHER THAN RECORD TITLE FOR QUALIFICATIONS FOR FEE AGREEMENTS; BY ADDING SECTION 12-37-223A SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, TO PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO ALLOW THE ORDINANCE TO APPLY RETROACTIVELY, TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES AND OBJECTIONS THERETO, SO AS TO INCLUDE VALUES AS LIMITED UNDER SECTION 12-37-223A ABOVE AS PART OF WHAT THESE ASSESSMENT NOTICES MUST CONTAIN, IF APPLICABLE, AND TO REPEAL SECTION 12-37-223, RELATING TO AUTHORIZATIONS TO A COUNTY TO LIMIT INCREASES IN THE VALUE OF REAL PROPERTY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDIT, SO AS TO INCLUDE AND DEFINE A "TECHNOLOGY INTENSIVE FACILITY" AS A QUALIFYING FACILITY, TO ADD SECTION 12-6-3415 SO AS TO PROVIDE AN INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENDITURES, TO AMEND SECTION 12-10-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT FOR THE ENTERPRISE ZONE ACT OF 1995, SO AS TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES, TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR THE ENTERPRISE ZONE ACT, SO AS TO DEFINE "TECHNOLOGY EMPLOYEE", TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO A JOB DEVELOPMENT CREDIT UNDER THE ENTERPRISE ZONE ACT, SO AS TO INCLUDE EMPLOYEE RELOCATION EXPENSES ASSOCIATED WITH NEW OR EXPANDED TECHNOLOGY INTENSIVE FACILITIES AND RETRAINING EXPENSES FOR TECHNOLOGY EMPLOYEES, TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO MAXIMUM SALES AND USE TAX, SO AS TO DELETE THE CAP ON TAX FOR THE SALE OR USE OF MACHINERY FOR RESEARCH OR DEVELOPMENT, AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, AND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE SALES TAX AND PROPERTY TAX MACHINES USED DIRECTLY AND PRIMARILY FOR RESEARCH AND DEVELOPMENT.
(R313, H. 4271 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
(R314, H. 4304 (Word version)) -- Rep. Bailey: AN ACT TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.
(R315, H. 4340 (Word version)) -- Reps. Breeland and Whipper: AN ACT TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE; AND TO AMEND SECTION 56-3-780, AS AMENDED, RELATING TO THE ISSUANCE OF PERMANENT LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY FOR MOTOR VEHICLES OPERATED BY THE STATE, ITS POLITICAL SUBDIVISIONS, AND THE CIVIL AIR PATROL, AND THE TRANSFERABILITY OF THESE LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMANENT LICENSE PLATE TO VEHICLES USED BY STATE OR LOCAL LAW ENFORCEMENT AGENCIES FOR A FEE OF TWO DOLLARS, AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A DECAL TO DESIGNATE THE LAW ENFORCEMENT AGENCY ISSUED THE DECAL AND CHARGE A FEE TO COVER THE COST OF THE DECAL.
(R316, H. 4450 (Word version)) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: AN ACT TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT, AND TO ALLOW SALES BY LESSORS TO LESSEES AND ELECTRONIC REFERRALS BY WAY OF A MANUFACTURER'S OR FRANCHISOR'S WEBSITE; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP WITHIN A TEN-MILE RADIUS OF THE CURRENT DEALERSHIP, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND ALLOW FOR REIMBURSEMENT OF A CLAIM PAYMENT IF THE CLAIM IS MATERIALLY DEFECTIVE; BY ADDING SECTION 56-15-85 SO AS TO PROVIDE FOR THE ELECTRONIC SALE OF MOTOR VEHICLES TO CONSUMERS IN THIS STATE BY A DEALERSHIP LOCATED IN THIS STATE; BY ADDING SECTION 56-15-140 SO AS TO PROVIDE FOR VENUE FOR ACTIONS FILED PURSUANT TO THIS ACT IN THIS STATE, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY; AND BY ADDING SECTION 56-19-490 SO AS TO REQUIRE THAT THE TITLE OF A MOTOR VEHICLE REFLECT THAT IT WAS RETURNED TO A MANUFACTURER PURSUANT TO A "LEMON LAW" OR SIMILAR PROCEEDING.
(R317, H. 4558 (Word version)) -- Reps. J. Smith, Lourie, Hawkins and Klauber: AN ACT TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF THE UNITED STATES CODE AND THIS SECTION; TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES; TO AMEND SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO DELETE THE PROVISION THAT THE BOARD SERVE AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES AND FUNCTIONS OF THE VETERANS' TRUST FUND, SO AS TO CHANGE THE DUTIES AND FUNCTIONS OF THE BOARD RELATING TO HOW MONIES IN THE FUND MUST BE DISBURSED FROM RECOMMENDING HOW MONIES IN THE FUND MUST BE DISBURSED TO DECIDING HOW MONIES IN THE FUND MUST BE DISBURSED; AND TO AMEND SECTION 25-21-40, RELATING TO AVAILABILITY OF FUNDS FOR DISBURSEMENT FROM THE VETERANS' TRUST FUND, SO AS TO CHANGE THE PROVISION THAT FUNDS AVAILABLE FOR DISBURSEMENT SHALL BE DISBURSED UPON AUTHORIZATION OF THE VETERANS' AFFAIRS DIVISION AND PROVIDE THAT FUNDS AVAILABLE FOR DISBURSEMENT SHALL BE DISBURSED UPON AUTHORIZATION OF THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND.
(R318, H. 4650 (Word version)) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: AN ACT TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO AMEND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT, OR CONVICTED OF, OR PLED GUILTY TO ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE FOR THE SCHOLARSHIP AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA, AND TO STRIKE THE REQUIREMENT THAT THE DEPARTMENT OF EDUCATION ISSUE CERTIFICATES TO SCHOLARSHIP RECIPIENTS; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, ALL SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT, BEEN CONVICTED OF, OR PLED GUILTY TO ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF, OR PLED GUILTY TO ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA; TO AMEND SECTION 59-118-30, AS AMENDED, RELATING TO DEFINITIONS IN THE ACADEMIC ENDOWMENT INCENTIVE ACT, SO AS TO ADD TO THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
(R319, H. 4710 (Word version)) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS; 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.
(R320, H. 4730 (Word version)) -- Reps. Rhoad, Sharpe, Seithel and Hayes: AN ACT TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS OF TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
(R321, H. 4946 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R322, H. 4962 (Word version)) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R323, H. 4966 (Word version)) -- Reps. Maddox, Allen, Martin and Townsend: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
(R324, H. 4974 (Word version)) -- Reps. Keegan and Miller: AN ACT TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
The Senate returned to the House with concurrence the following:
H. 5053 (Word version) -- Reps. Harvin, Breeland, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Jennings, Kennedy, Lee, M. McLeod, McMahand, Moody-Lawrence, J. H. Neal, F. Smith and Whipper: A CONCURRENT RESOLUTION COMMEMORATING THE FIFTIETH ANNIVERSARY OF THE FILING OF BRIGGS V. ELLIOTT, ONE OF THE ORIGINAL LAWSUITS THAT, ALONG WITH THREE OTHER SIMILAR CASES NATIONALLY, LED TO THE LANDMARK DECISION BY THE UNITED STATES SUPREME COURT IN 1954 THAT "SEPARATE BUT EQUAL" IS UNCONSTITUTIONAL IN PUBLIC EDUCATION IN AMERICA.
At 1:30 p.m. the House in accordance with the motion of Rep. TROTTER adjourned to meet at 10:00 a.m. tomorrow.
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