Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
All wise and never changing God, we know not what this day will bring. So we would pray that You would direct and control us through its hours. Amid all the unknowns of our times, You stand secure-the same yesterday, today and always. Free us, we pray, from all evil and give us wise judgement and keen insight. Keep us considerate in our speech, diligent in our work and understanding of others. When we cannot see the distant future, enable us to take one step at a time, trusting in Your certain help. Look with Your favor upon this, our humble 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 yesterday, the SPEAKER ordered it confirmed.
Rep. R. SMITH moved that when the House adjourns, it adjourn in memory of former Representative Rudolph Marion "Rudy" Mason of Aiken, which was agreed to.
The following was received:
June 1, 2000
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Statewide Appointment
State Ethics Commission
Term Commencing: June 30, 2000
Term Expiring: June 30, 2005
Seat: At-Large
Vice: Frank B. Washington
Initial Appointment
Mr. Gregory Poole Harris
1 Catesby Circle
Columbia, South Carolina 29206
803-779-4059
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
June 1, 2000
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Statewide Appointment
State Ethics Commission
Term Commencing: May 31, 2000
Term Expiring: May 31, 2005
Seat: 2nd Congressional
Vice: Edward E. Duryea
Initial Appointment
Mr. John Terrance Mobley
130 Glenbrooke Circle
Columbia, South Carolina 29204
803-252-3679
Respectfully,
Jim Hodges
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
June 1, 2000
The Honorable Donald C. Smith
P.O. Box 11867
Columbia, SC 29211
Dear Don:
Effective immediately, I am appointing you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee. I know you will serve this committee with honor and distinction.
If you have any questions, please do not hesitate to contact me. I look forward to working with you.
Sincerely,
David H. Wilkins
Speaker of the House
The following was received:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MCCONNELL, HUTTO and GREGORY of the Committee of Conference on the part of the Senate on H. 3692:
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, MOORE and GLOVER of the Committee of Conference on the part of the Senate on H. 3693:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MCGILL, RAVENEL and HUTTO of the Committee of Conference on the part of the Senate on H. 4358:
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4277:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
and asks for a Committee of Conference and has appointed Senators WASHINGTON, HUTTO and GLOVER of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. W. MCLEOD, STUART and RODGERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 31, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4426:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
and asks for a Committee of Conference and has appointed Senators BRYAN, MESCHER and SHORT of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. STILLE, BARRETT and HAMILTON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
Rep. SHARPE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18538SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following was introduced:
H. 5161 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. ANDREW J. CHISHOM, PASTOR OF ZION CHAPEL BAPTIST CHURCH NO. 1 IN RICHLAND COUNTY FOR HIS TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THIS GREAT HOUSE OF GOD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5162 (Word version) -- Reps. J. H. Neal, 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, 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. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, 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 SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.
Whereas, the adjournment of the General Assembly this year will mark the end of Senator McKinley Washington, Jr.'s distinguished service as a member of the General Assembly; and
Whereas, Senator Washington previously provided outstanding representation to district number one hundred sixteen in the South Carolina House of Representatives from 1974 until his election to the South Carolina Senate in 1990; and
Whereas, Senator Washington is married to the former Beulah A. Jeffries with whom he has two children: daughter Katrina, and a son, Michael; and
Whereas, Senator Washington is a devout man of God and serves as the Pastor of Edisto Presbyterian Church, (USA) Edisto Island, South Carolina; and
Whereas, Senator Washington is a firm believer in education exemplified by his graduation from Eastern High School and his continued matriculation at Johnson C. Smith University where he received his Bachelor of Arts and Bachelor of Divinity, as well as a Master of Divinity from Johnson C. Smith Theological Seminary; and
Whereas, Senator Washington is well renowned for his contributions to the State and his fellow men and has been recognized by having the following, Honorary Degrees conferred upon him, Doctor of Humane Letters, University of Charleston, Charleston, South Carolina, and Doctor of Humane Letters, Medical University of South Carolina, Charleston, South Carolina; and
Whereas, Senator Washington is a standout among his peers having provided courageous and outstanding leadership during his tenure as Chairman of the South Carolina Legislative Black Caucus; and
Whereas, Senator Washington served as Chairman of the Committee on Operations and Management of the House of Representatives; and
Whereas, Senator Washington is a champion of religious and personal freedom for all people under the law having founded the Edisto branch of the NAACP and the St. Paul Interdenominational Ministerial Alliance, having served as its past president; and
Whereas, Senator Washington founded and served as president of the St. Paul Interdenominational Ministerial Alliance; and
Whereas, Senator Washington has served on numerous other boards, commissions, and committees, balancing his community activism with his service in the Senate; and
Whereas, Senator Washington was elected to the South Carolina Employment Security Commission, January, 2000, and will continue his outstanding and tireless service to the people of South Carolina in his new capacity as a commissioner of the South Carolina Employment Security Commission; and
Whereas, Senator Washington's devotion, eloquence, commitment, leadership, and unassailable character will be sorely missed in the General Assembly; and
Whereas, Senator Washington's tireless dedication provides a positive role model and example of service for all of his peers to emulate. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring;
That the members of the General Assembly recognize Senator McKinley Washington, Jr. for his distinguished accomplishments and contributions to district forty-five and the State of South Carolina, and upon his retirement we wish him longevity and prosperity as he embarks on his new career.
Be it further resolved that a copy of this resolution be forwarded to Senator McKinley Washington, Jr.
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:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Govan Hamilton Harris Harrison Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Lanford Law Leach Lee 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 Pinckney Rhoad Rice Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, D.C. Smith, J. Smith, R. Stille Stuart Taylor Townsend 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 Thursday, June 1.
Floyd Breeland Fletcher Smith Joseph Neal H.B. "Chip" Limehouse John Riser Kenneth Kennedy Richard Quinn Ralph Davenport Robert Harrell Terry Haskins Daniel Tripp Harry Askins
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARVIN a leave of absence for the day.
The SPEAKER granted Rep. VAUGHN a leave of absence for the day.
Announcement was made that Dr. Brenna Delaine of Columbia is the Doctor of the Day for the General Assembly.
Reps. HARRISON and J. SMITH presented to the House representatives of Hand Middle School for being named a 2000 Blue Ribbon School.
Reps. G. BROWN and PERRY made a statement relative to Mrs. Tim (Nancy)Wilkes' service to the House.
Reps. M. MCLEOD and G. BROWN made a statement relative to Rep. WILKES' service in the House.
Rep. WILKES made a statement relative to his service in the House.
Rep. JENNINGS and the Chesterfield Delegation made a statement relative to Rep. HARRIS' service in the House.
Rep. HARRIS made a statement relative to his service in the House.
Rep. CANTY and the Sumter Delegation made a statement relative to Rep. WOODRUM'S service in the House.
Rep. WOODRUM made a statement relative to his service in the House.
Rep. LAW and the Berkeley Delegation made a statement relative to Rep. H. BROWN'S service in the House.
Rep. H. BROWN made a statement relative to his service in the House.
Rep. MCGEE and the Florence Delegation made a statement relative to Rep. MCKAY'S service in the House.
Rep. MCKAY made a statement relative to his service in the House.
Rep. ALLISON and the Spartanburg Delegation made a statement relative to Rep. HAWKINS' service in the House.
Rep. HAWKINS made a statement relative to his service in the House.
Rep. CANTY and the Black Caucus made a statement relative to Rep. INABINETT'S service in the House.
Rep. INABINETT made a statement relative to his service in the House.
Rep. CANTY and the Black Caucus made a statement relative to Rep. MCMAHAND'S service in the House.
Rep. MCMAHAND made a statement relative to his service in the House.
On motion of Rep. F. SMITH, with unanimous consent, Rep. MCMAHANDS' remarks were ordered printed in the Journal.
To the Honorable Speaker of the House, David H. Wilkins, this great and honorable body, staff and all others that it takes to make our state government work and to the voters of District 25, I am absolutely grateful for the privilege that has been afforded me to serve in this august body. My profound thanks to all of you for your help and support in making me an effective Legislator, through all the help and encouragement you have given me.
I will always cherish the fond memories of the friendships I have made during my tenure of eight years. I am thankful for all the things we went through together. It has been a great challenge for me to have served in this House of Representatives. It has been a learning experience, and I have learned to appreciate state government.
I now know that it takes good, strong men and women to legislate laws that will keep our State strong and growing, and I have tried my best to be a good representative for District 25, and a good statesman for South Carolina. I hope I have succeeded.
The many kind words which have been said of me on the occasion of my retirement make me blush with embarrassment. I could not, without vanity, assume that I merit such praise, though I cannot deny that I have tried to discharge my duties to the best of my ability. I can only thank you for all these expressions of your belief that I have made some approach to the ideal of a good servant. I am profoundly grateful to the members who helped me serve them. It is literally true that my service has been a labor of love.
Now I come to the end of my tenure. The friendly cooperation and the warm comradeship of all of you have dispelled the difficulties; the path proved a pleasant one, and the eight years, for me, were memorable and happy.
You will forever be in my thoughts and prayers as I step back into the full responsibility of pastoralship.
Rep. Willie McMahand
Before I conclude this legislative session, I wanted to address a matter regarding our friend, former House Member and Public Service Commissioner, Warren Arthur.
As you may know, there was an accusation made against Mr. Arthur regarding some trips he took while conducting state business. Last year, Mr. Arthur's name was cleared of any improprieties by the State Ethics Commission.
Warren has served this State honorably and with great distinction in a variety of capacities. He should be regarded as a good man and a fine leader and in the future should be considered without reservation for any future opportunities.
Rep. Rick Quinn
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Reps. WILKINS, D. SMITH, HASKINS, SHARPE, HARRELL, J. BROWN, TOWNSEND, CATO and HARRISON proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21480SD00), which was adopted:
Amend the resolution, as and if amended, by striking all after the resolving words and inserting the following:
/ (1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2000, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the House of Representatives and Senate adjourn on Thursday, June 1, 2000, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 12:00 noon on Wednesday, June 14, 2000, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 16, 2000, for the following matters and subject to the following conditions, as applicable:
(A) receipt and consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(E) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(F) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments;
(G) receipt and consideration of resolutions expressing sympathy or congratulations;
(H) receipt and consideration of legislation to continue appropriation authorizations and necessary provisos of Act 100 of 1999 beyond June 30, 2000;
(I) receipt and consideration of resolutions affecting the sine die adjournment date, pursuant to the provision of Section 2-1-180.
(2) Each house may also provide for local session days during the period between June 1, 2000, and June 14, 2000, for consideration of local legislation which has the unanimous consent of the affected delegation.
(3) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may ratify acts at a mutually convenient time between June 1, 2000, and June 14, 2000.
(4) When each house adjourns not later than 5:00 p.m. on Friday, June 16, 2000, the General Assembly shall stand adjourned sine die./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name B21\5086.1), which was rejected:
Amend the resolution, as and if amended, by changing the applicable dates in the resolution to June 20 through June 23.
Renumber sections to conform.
Amend totals and title to conform.
The question then recurred to the adoption of the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Battle Breeland Brown, G. Campsen Carnell Clyburn Cobb-Hunter Cooper Emory Gamble Gourdine Govan Hines, M. Hosey Huggins Inabinett Jennings Keegan Lanford Lee Limehouse Lloyd Lourie Mack Martin McLeod, W. McMahand Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rutherford Scott Seithel Sheheen Smith, F. Smith, J. Stuart Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Barrett Bowers Brown, H. Canty Cato Chellis Cotty Dantzler Delleney Easterday Edge Frye Gilham Hamilton Harrell Harris Harrison Hawkins Hinson Kelley Kirsh Klauber Knotts Law Leach Littlejohn Loftis Lucas Maddox McCraw McGee McKay McLeod, M. Meacham-Richardson Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, D.C. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
The Senate amendments, as amended, were then agreed to and the Concurrent Resolution was ordered returned to the Senate.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
S. 109 (Word version) -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.
S. 746 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.
Rep. KELLEY moved to adjourn debate upon the following Bill, which was adopted:
H. 5015 (Word version) -- Reps. Kelley, Harrell, Haskins and Campsen: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.
The following Bill was taken up:
S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.
Rep. HARRISON moved to recommit the Bill, which was agreed to.
The following Bill was taken up:
S. 1240 (Word version) -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
Rep. WITHERSPOON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Rep. HARRELL explained the Senate Amendments.
Rep. SHEHEEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRELL moved to waive Rule 5.15, which was not agreed to by a division vote of 38 to 20.
The Senate amendments to the following Bill were taken up for consideration:
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
Rep. MCGEE made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. CATO moved to waive Rule 5.15, which was agreed to by a division vote of 43 to 18.
Rep. HAWKINS raised the Point of Order that S. 1315 which had been attached to S. 1163 by the Senate during the amendment process, had materially changed the content of the Bill and therefore under Rule 4.8 should at the Speaker's discretion be committed to the Labor, Commerce and Industry Committee.
Rep. CATO argued contra.
SPEAKER WILKINS overruled the Point of Order and declined to commit the Bill to the Labor, Commerce and Industry Committee.
Rep. HAWKINS raised the Point of Order that the Bill mandated health coverage and was in violation of Code Section 2-7-73(B).
Rep. CATO argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SEITHEL raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was required.
SPEAKER WILKINS stated that the Rule did not apply to Senate Amendments, but to Bills on second reading and he therefore overruled the Point of Order.
Rep. W. MCLEOD moved to adjourn debate on the Senate Amendments.
Rep. CATO moved to table the motion.
Rep. HAWKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Easterday Frye Gamble Harrell Harrison Hinson Huggins Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Loftis McCraw McLeod, M. McMahand Meacham-Richardson Neilson Perry Phillips Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, D.C. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Bales Battle Breeland Brown, J. Canty Clyburn Cobb-Hunter Delleney Edge Emory Gilham Gourdine Govan Hawkins Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Klauber Knotts Lloyd Lourie Lucas Mack Maddox Martin McGee McKay McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Quinn Rutherford Scott Seithel Sheheen Smith, J. Stuart Whatley Whipper Wilkins
So, the motion to adjourn debate was tabled.
Rep. SEITHEL moved to continue the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bailey Bales Battle Breeland Brown, J. Canty Clyburn Cobb-Hunter Cotty Delleney Emory Gourdine Govan Hawkins Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Klauber Lloyd Lourie Lucas Mack Maddox McGee McKay McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rutherford Scott Seithel Sheheen Smith, J. Stuart Whatley Whipper
Those who voted in the negative are:
Allison Barfield Barrett Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Easterday Edge Frye Gamble Harrell Harrison Hayes Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis Martin McCraw Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, D.C. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkes Wilkins Woodrum Young-Brickell
So, the House refused to continue the Bill.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
Rep. OTT explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Rep. KLAUBER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
H. 5147 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE RODNEY E. SLATER, SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE ADMINISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA), AND THE UNITED STATES CONGRESS TO OPPOSE THE ADOPTION OF THE REVISIONS TO THE FEDERAL HOURS-OF-SERVICE RULES FOR COMMERCIAL DRIVERS CONTAINED IN THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S RECENTLY ISSUED NOTICE OF PROPOSED RULEMAKING, AND TO URGE THE FMCSA TO ISSUE A NEW PROPOSAL BASED ON SOUND SCIENCE, ENHANCED PUBLIC SAFETY, AND STRENGTHENED ABILITY OF THE TRUCKING INDUSTRY TO MEET THE NEEDS OF THE AMERICAN ECONOMY.
Whereas, the trucking industry employs more than nine million people, delivers eighty-one percent of the nation's freight measured by value, and is the exclusive provider of freight services to seventy-five percent of communities in the United States; and
Whereas, the trucking industry is a critical component of the United States economy; and
Whereas, truck safety is an important public policy concern; and
Whereas, the current federal regulations that are meant to reduce truck driver fatigue are outdated, counterproductive, and in need of revision; and
Whereas, the Federal Motor Carrier Safety Administration (FMCSA) recently issued a Notice of Proposed Rulemaking on revisions to the Federal Hours-of-Service rules for commercial drivers; and
Whereas, the FMCSA's proposal would decrease the overall number of hours a truck driver could work, and require the addition of more trucks and drivers to deliver the nation's freight; and
Whereas, this impact would likely compromise highway safety by generating more exposure to crashes, putting less experienced drivers on the road, exacerbating the shortage of rest area parking spaces and creating long periods of idle time for truck drivers; and
Whereas, the increased costs generated by the need for additional trucks and drivers, as well as operational changes, under the proposal would inflate delivery expenses and raise business and consumer costs; and
Whereas, the proposal requires some trucks to carry on-board recorders for enforcing the hours of service regulations; and
Whereas, this requirement is unlikely to positively impact safety while it raises serious and legitimate concerns regarding the privacy and the potential for abuse of the information gathered by the on-board recorders, and would place additional financial burdens on the trucking industry, with small businesses being the most severely and disproportionately affected; and
Whereas, the proposal rescinds current provisions that give states the flexibility to address certain unique requirements that cannot be met under the limitations of a general hours-of-service regulation, such as the ability to effectively respond to emergencies and to meet seasonal agricultural needs; and
Whereas, the law enforcement community has raised concerns about the ability of commercial vehicle safety inspectors to effectively enforce the proposed regulations; and
Whereas, the FMCSA's cost-benefit analysis of the proposal is incomplete, fails to completely account for all trucking-industry and economy-wide costs, and inflates the safety benefits of the proposal. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina oppose the proposed hours-of-service rule contained in the FMCSA's recently issued Notice of Proposed Rulemaking on revisions to the Federal Hours-of-Service rules for commercial drivers and urges the FMCSA to issue a new proposal that is based on sound science, enhanced public safety, and strengthened ability of the trucking industry to meet the needs of the American economy.
Be it further resolved that a copy of this resolution be transmitted to the Honorable Rodney E. Slater, United States Secretary of Transportation, the Administrator of the Federal Motor Carrier Safety Administration, the chairmen and ranking members of the relevant committees of the United States Senate and House of Representatives and the United States Senators and Representatives representing the State of South Carolina.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1390 (Word version) -- Senators Anderson, Bryan, J. V. Smith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Department of Transportation name: (1) the Reedy Fork Bridge that crosses the Buck Mickel Memorial Southern Connector in Greenville County the "John H. Chapman Bridge" and install appropriate signs or markers at this location as the department considers appropriate; (2) the intersection of United States Highway 25 and the Buck Mickel Memorial Southern Connector in Greenville County the "J. Walter Moon Interchange" and install appropriate signs or markers at this interchange as the department considers appropriate; (3) the intersection of South Carolina State Highway 20 and the Buck Mickel Memorial Southern Connector in Greenville County the "Charles H. Rice Interchange" and install appropriate signs or markers at this interchange as the department considers appropriate; and (4) the intersection of Fork Shoal Road and the Buck Mickel Memorial Southern Connector in Greenville County the "Charles P. Willimon Interchange" and install appropriate signs or markers at this interchange as the department considers appropriate.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 986:
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4684:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. JENNINGS, MADDOX and KLAUBER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 263:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. MARTIN, BARRETT and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3465:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. EASTERDAY, HARRIS and CAMPSEN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 544:
S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
and asks for a Committee of Conference and has appointed Senators SALEEBY, HUTTO and HAYES of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. COTTY, SIMRILL and LUCAS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. KELLEY moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted:
H. 5015 (Word version) -- Reps. Kelley, Harrell, Haskins and Campsen: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.
Rep. G. BROWN moved to reconsider the vote whereby Rule 5.15 was not waived on S. 575 and the motion was noted.
The Senate amendments to the following Bill were taken up for consideration:
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Lloyd and Kennedy: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Rep. ROBINSON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The motion of Rep. G. BROWN to reconsider the vote whereby Rule 5.15 was not waived on S. 575 was taken up.
Rep. SHEHEEN raised the Point of Order that procedural motions generally are not subject to reconsideration but may be renewed in accordance with Section 456 of Mason's Manual.
SPEAKER WILKINS sustained the Point of Order thereby prohibiting the motion to reconsider but allowing the House to once again move to waive Rule 5.15.
The Senate amendments to the following Bill were taken up for consideration:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 37 to 17.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. EASTERDAY moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5163 (Word version) -- Rep. Stille: A CONCURRENT RESOLUTION TO DECLARE JULY 1, 2000, AS DAVID BEASLEY DAY IN SOUTH CAROLINA IN RECOGNITION OF HIS EFFORTS TO REMOVE THE CONFEDERATE FLAG FROM THE DOME ATOP THE STATE HOUSE AND HIS EFFORTS TO END VIDEO POKER PAYOUTS IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. WILKINS made a statement relative to Rep. SHEHEEN'S service in the House.
Rep. QUINN moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, Acting Speaker EASTERDAY in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. RICE moved that the House recur to the morning hour, which was agreed to.
Rep. PINCKNEY, from the Hampton Delegation, submitted a favorable report on:
S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5164 (Word version) -- Reps. Rice, Simrill and J. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT A COMMITTEE OF HOUSE MEMBERS TO MAKE A RECOMMENDATION TO THE HOUSE AT THE BEGINNING OF THE 2001 SESSION OF THE GENERAL ASSEMBLY AS TO AN APPROPRIATE FLAG SYMBOLIC OF THE HOUSE OF REPRESENTATIVES AND THE STATE TO BE DISPLAYED ABOVE THE ROSTRUM IN THE HOUSE CHAMBER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5165 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE COLEMAN L. BRAMLETT OF BISHOPVILLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1402:
S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration:
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Rep. WALKER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\AMEND\21477SD00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. A. The 1976 Code is amended by adding:
"Section 59-21-1015. The revenue that would have been derived from the sales tax exemption for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General as provided by Section 11-11-150 to the Educational Improvement Act fund established in Section 59-21-1010 and to other accounts as required to implement Section 59-21-1016."
B. The 1976 Code is amended by adding:
"Section 59-21-1016. General fund appropriations for any fiscal year made for the support of the public school system of the State must be greater than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state's portion of the Alcoholic Liquors Tax and Cable Television fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors. Appropriations for the support of the public school system shall include the following:
Department of Education;
State Board for Technical and Comprehensive Education;
Educational Television Commission;
Wil Lou Gray Opportunity School;
School for the Deaf and Blind;
John de la Howe School;
debt service on capital improvement bonds applicable to the above agencies;
debt service on school bonds;
other school purposes provided by law.
The revenue that would have been derived from the sales tax exemption for food items which may lawfully be purchased with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this section."
C. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended by adding:
"(5) Section 59-21-1015 for the sales tax exemption on food."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Barfield Barrett Bowers Breeland Brown, H. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Hawkins Hayes Hines, J. Hinson Hosey Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the amendment was adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
While in a conference committee meeting on H. 3693 when the vote was taken on the sales tax on food bill, H. 3808, I pray that the record will reflect my full support of this amendment.
Rep. Ralph W. Canty, Sr.
The Senate amendments to the following Bill were taken up for consideration:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following Concurrent Resolution was taken up:
S. 1430 (Word version) -- Senators Drummond and Holland: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 20, 2000 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 22, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is changed and extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2000, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the House of Representatives and Senate adjourn on Thursday, June 1, 2000, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session on Tuesday, June 20, 2000, at 12:00 p.m. and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 22, 2000, for the following matters and subject to the following conditions, as applicable:
(A) receipt and consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of resolutions affecting the Sine Die adjournment date;
(E) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(F) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(G) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments;
(H) receipt and consideration of resolutions expressing sympathy or congratulations; and
(I) consideration of H.4856.
(2) The President Pro Tempore of the Senate and Speaker of the House of Representatives may, if they agree upon a date and time, call the General Assembly into statewide session between June 1, 2000, and June 20, 2000, to consider any matters authorized under the terms of this resolution.
(3) Each house may also provide for local session days during the period between June 1, 2000, and June 20, 2000, for consideration of local legislation which has the unanimous consent of the affected delegation.
(4) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may ratify acts at a mutually convenient time between June 1, 2000, and June 20, 2000.
(5) When each house adjourns not later than 5:00 p.m. on Thursday, June 22, 2000, the General Assembly shall stand adjourned Sine Die.
The question then recurred to the adoption of the Concurrent Resolution.
Rep. D. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Breeland Brown, G. Brown, H. Campsen Canty Carnell Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gourdine Govan Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Cooper Gilham Hamilton Loftis McKay Simrill Stille
So, the Concurrent Resolution was adopted and sent to the Senate.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3993:
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Lloyd and Kennedy: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
and asks for a Committee of Conference and has appointed Senators MCCONNELL, MOORE and RAVENEL of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. TOWNSEND, WEBB and J. HINES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 4404, and requests that proper notation be recorded on the Bill:
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Very respectfully,
President
A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1163:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
and asks for a Committee of Conference and has appointed Senators SALEEBY, MCCONNELL and REESE of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CATO, TRIPP and HAWKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators LEVENTIS, RAVENEL and HUTTO of the Committee of Conference on the part of the Senate on S. 263:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators HOLLAND, RANKIN and ALEXANDER of the Committee of Conference on the part of the Senate on H. 4684:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 575:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
and asks for a Committee of Conference and has appointed Senators GIESE, PASSAILAIGUE and LEVENTIS of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. D. SMITH, ROBINSON and R. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3649:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
and asks for a Committee of Conference and has appointed Senators LAND, MOORE and SETZLER of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HARRELL, QUINN and KELLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MARTIN, SHORT and HUTTO of the Committee of Conference on the part of the Senate on H. 3465:
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 109:
S. 109 (Word version) -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1012:
S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
and asks for a Committee of Conference and has appointed Senators J.V. SMITH, HAYES and FAIR of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. EASTERDAY, F. SMITH and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4934:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
and asks for a Committee of Conference and has appointed Senators MCCONNELL, REESE and RANKIN of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. KELLEY, M. HINES and WILDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. CAMPSEN 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. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Edge Emory Frye Gamble Gilham Govan Hamilton Harrison Haskins Hawkins Hinson Hosey Huggins Inabinett Jennings Keegan Kennedy Kirsh Klauber Koon Law Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, D.C. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
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. CAMPSEN, BAILEY and FRYE 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. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
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. Section 50-21-133 of the 1976 Code, as added by Act 124 of 1999, is amended to read:
"Section 50-21-133. (A) There is established a no wake zone to begin at Nautical Day Marker Number 125 at Cove Inlet running to a line perpendicular to the westernmost tip of Sullivan's Island where the Intracoastal Waterway joins the Charleston Harbor. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.
(B) There is established a no wake zone to begin one hundred fifty feet on either side of an existing boathouse or pier as of the effective date of this section, at Cherokee Plantation on the Combahee River in Colleton County. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both. For a second or subsequent offense, the punishment is a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both as provided in Section 50-21-150."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Greg Gregory /s/George E. "Chip" Campsen III /s/William S. Branton, Jr. /s/George H. Bailey /s/Lawrence K. Grooms /s/Marion B. Frye 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3993:
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Lloyd and Kennedy: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy and Lloyd: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version May 31, 2000.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 4-37-30(A) of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"(A) Subject to the requirements of this section, the governing body of a county may impose by ordinance impose a one percent sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, mass transit systems, greenbelts, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for each project whichever is shorter in length, for which the tax may be imposed;
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, A referendum for this purpose must be held at the time of the general election. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose which purpose may, as determined by the governing body of a county, be set forth as a single question relating to several of the projects, and the question must read substantially as follows:
'I approve a special one percent sales and use tax in the amount of (fractional amount of one percent) (one percent) to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for __________ $ __________
Project (2), etc.'
In addition, the referendum, shall as determined by the governing body of a county, may contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $_____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under pursuant to the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of May following the date of the referendum. If the certification is not timely made timely to the Department of Revenue, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall include by definition include more than one item as defined in (a)(i) and (a)(ii) to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds must first must be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under pursuant to Article 13, Chapter 36 of Title 12 must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report separately in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under pursuant to this section in a county, either under pursuant to the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are billed regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under pursuant to this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with him quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively.
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue may promulgate regulations necessary to implement this section."
SECTION 2. Section 4-37-40 of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"Section 4-37-40. (A) In a county in which an ordinance is received by the county election commission pursuant to Section 4-37-30(A), if the county has previously imposed a local option sales and use tax pursuant to Chapter 10 of Title 4, the county election commission shall conduct a referendum at the same time as the referendum provided in Section 4-37-30(A) on the question of whether the local option sales and use tax imposed under Chapter 10 of Title 4 shall continue to be imposed. The question must read substantially as follows:
"Must a one percent sales and use tax continue to be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?
(B) All qualified electors desiring to vote in favor of continuing the tax shall vote "yes" and all qualified electors opposed to continuing the tax shall vote "no". If a majority of the votes cast are in favor of continuing the tax, then the tax shall continue to be imposed as provided in Chapter 10 of Title 4; otherwise, the tax shall not continue to be imposed. If the vote in the referendum is to terminate the tax, the termination is effective on the first day of the first fiscal year following the referendum. Notwithstanding the termination date of the local option sales and use tax, with respect to services that are regularly billed on a monthly basis, the local option sales and use tax is terminated beginning on the first day of the billing period beginning on or after the termination date.
(C) The provisions of this section are independent of the referendum provided for in Chapter 10 of Title 4.
(D) Two weeks before the referendum, the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the credit against property taxes in the most recent fiscal year. The notice must show the credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility.
(E) Except as otherwise provided herein, the provisions applicable to conducting and certifying the referendum provided in Section 4-37-30(A) shall also apply to the referendum provided in this section.
At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter, Article 3, Chapter 10 of this title, or pursuant to any local legislation enacted by the General Assembly."
SECTION 3. Section 58-25-35 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:
"Section 58-25-35. The members of a regional transportation authority created under authority of this chapter must be the municipalities within the service area as defined by this chapter and the counties within the unincorporated areas or of the service area of the authority."
SECTION 4. Section 58-25-40 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:
"Section 58-25-40. The authority's board members, officers, and staff must be as follows:
(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the municipalities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.
There must be at least five board members. The membership of the governing board must be apportioned among the member municipalities and counties proportionate to population within the authority's service area.
As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members, including the resident senator, provided, however, if there is no resident senator, then a majority of the Senate delegation representing the county. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member municipality population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation. Members shall adopt and abide by rules governing meeting attendance.
(2) No county or municipality may be a member in more than one authority except that a metropolitan government may be a member of more than one authority when the services provided by the authorities are different.
(3) Subsequent to the activation of the authority, contiguous counties or municipalities not participating initially may become members of the authority with the same benefits as the initial members pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority. If an election is required, it must be held only in the contiguous counties or municipalities that are seeking to become members of the authority.
(4) The board of the authority shall elect one of its members as chairman, one as vice-chairman, and other officers as may be necessary, to serve for one year in that capacity or until their successors are elected and qualify. A majority of the board constitutes a quorum. A vacancy on the board does not impair the right of the authority to exercise all of its rights and perform all of its duties. Upon the effective date of his appointment, or as soon after appointment as practicable, each board member shall enter upon his duties.
(5) A board member of the authority may be removed from office by the governing body which appointed him for misconduct, malfeasance, or neglect of duty in office. Any vacancy so created must be filled as provided above.
(6) The authority may employ an executive director, who may serve as secretary or treasurer, to serve at the pleasure of the authority. The executive director may employ any employees as may be necessary for the proper administration of the duties and functions of the authority and may determine the qualifications of the persons. The authority shall adopt compensation plans for employees."
SECTION 5. It is the intent of the General Assembly that the South Carolina Transportation Infrastructure Board accept applications for major highway and transportation projects submitted to the board, including the Bobby Jones Expressway Extension Application.
SECTION 6. This act takes effect upon approval by the Governor. /
Amend title to conform.
The Honorable Glenn McConnell The Honorable Ronald Townsend The Honorable Thomas L. Moore The Honorable Byron K. Webb The Honorable Arthur Ravenel, Jr. The Honorable Jesse E. Hines On Part of the Senate. On Part of the House.
Rep. TOWNSEND explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1163:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
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. Title 38 of the 1976 Code is amended by adding:
Section 38-48-10. As used in this chapter:
(1) 'Public insurance adjuster' means any individual who, for salary, fee, commission, or other compensation, engages in public adjusting and who is licensed under Section 38-48-20. A public insurance adjuster is not an attorney licensed to practice by the South Carolina Supreme Court who adjusts insurance losses in the course of the practice of law. A public insurance adjuster is not an adjuster representing an insurer and is not licensed in accordance with the provisions of Chapter 47.
(2) 'Public adjusting' means investigating, appraising or evaluating, and reporting to an insured in relation to a first party claim arising under insurance contracts, that insure the real or personal property, or both, of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this chapter shall be construed as permitting the unauthorized practice of law.
Section 38-48-20. Every individual commonly called a public adjuster, adjusting losses for an insured, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The written examination for a public adjuster license shall be the same as that prescribed for insurance adjusters. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued pursuant to reciprocal arrangements or agreements as provided in Section 38-48-40 to a nonresident public adjuster who resides in a state which has enacted a statute requiring the licensing of public adjusters and which refuses to license South Carolina public adjusters, however a license may be issued to such applicants upon a successful completion of the examination for public adjusters prescribed by the director or his designee. Only licensed public adjusters may solicit business from an insured who has sustained an insured loss. Individuals engaged in providing public adjusting services without a license shall be deemed to be engaged in unauthorized transaction of insurance business and subject to the remedies provided in Chapter 25, as well as the disgorgement of fees or restitution to the insured for any fees paid.
Section 38-48-30. When an individual applies for a public adjuster's license, he shall supply the department his business and residence addresses and telephone numbers. The public adjuster shall notify the department within thirty days of any change in these addresses.
Section 38-48-40. The director or his designee may enter into reciprocal agreements with the insurance commissioners or directors of other states in regard to licensing of nonresident public adjusters if in his judgment these arrangements or agreements are in the best interests of the State and if the applicant for a public adjuster's license meets the minimum statutory requirements in this State for the issuance of a license.
Section 38-48-50. The biennial fee for a public adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States required in this State of nonresident public adjusters, the nonresident public adjusters shall pay an amount equal to the amount of charges imposed by the laws of this State upon public adjusters of this State.
Section 38-48-60. A public adjuster's license is for an indefinite term, unless sooner revoked or suspended, if the biennial license fee is paid at the time and in the manner which the department provides by regulation. If the license fee for a public adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
Section 38-48-70. Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall:
(a) be honest and fair in all communications with the insured and with the insurer or its representatives;
(b) have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;
(c) not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business;
(d) not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;
(e) not engage in any conduct which constitutes the unauthorized practice of law;
(f) not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; and
(g) not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims;
(h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer.
Section 38-48-80. Any agreement between the insured and the public insurance adjuster for the services described in this chapter shall be in writing and signed by both parties. The contract shall:
(a) state the full consideration for the public adjuster's services;
(b) specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer;
(c) shall legibly state the full name and address as specified in the department's record of the licensed public adjuster;
(d) state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;
(e) disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;
(f) show the date on which the contract was signed by both parties;
(g) clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and
(h) clearly and conspicuously outline the services to be provided by the public adjuster to the insured.
Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured.
Section 38-48-90. (A) No public adjuster shall compensate or provide anything of value except as provided in Section 38-57-160 to a person who is not licensed as a public adjuster in return for the referral of a business prospect to the public adjuster; provided, however, a public adjuster may enter into an agreement with another licensed public adjuster for the referral of business and sharing of commissions or compensation. Such an arrangement must be disclosed to the insured in the written agreement.
(B) No public adjuster shall represent or act as an adjuster representing an insurance company, either as an employee of the insurer or as an independent adjuster. No independent adjuster or adjuster licensed in accordance with the provisions of Chapter 47 shall act as a public insurance adjuster.
Section 38-48-100. All advertising by a public adjuster shall fairly and accurately describe the services to be rendered and shall not misrepresent either the public adjuster or the public adjuster's abilities and shall comply with the following requirements:
(a) Advertisements must comply with all the requirements of Title 38 and the Unfair Trade Practices law.
(b) All advertisements must state the full name of the public adjuster and the public adjuster's firm, if applicable, and the complete business address and phone numbers.
(c) Advertisements shall not create an unjust expectation about results the public adjuster can achieve.
Section 38-48-110. The insured shall have until the close of business on the fifth business day after signing the contract to rescind the agreement. The exercise of the right to rescind the agreement must be in writing and delivered to the public adjuster at the address shown on the agreement.
If the insured property that is the subject of the claim is not the primary residence of the insured or used by the insured primarily for personal, family, or household purposes, the insured may waive the right to rescind the agreement. The waiver shall be in writing and signed and dated by the insured.
Section 38-48-120. Every public adjuster shall maintain all records of losses and claims adjusted for three years after the settlement or closing of each claim.
Section 38-48-130. It is unlawful for a person to:
(a) act as a public adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not licensed to do business in this State; or
(b) adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State; or
(c) engage in the unauthorized transaction of insurance business as defined in this article and Chapter 25;
(d) act as both a contractor and a public adjuster in the adjustment of a claim for an insured; or
(e) violate any provision of this title.
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 two years, or both.
Section 38-48-140. When the director or his designee determines after investigation that there has been a violation of this chapter by a public adjuster, the director or his designee, after providing notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, may impose penalties provided for in Section 38-2-10.
Section 38-48-150. Any provision of this statute that is deemed to be void, unenforceable, unconstitutional, or illegal by any court of competent jurisdiction shall be deemed severable and shall not affect the constitutionality, enforceability, or legality of the remaining provisions. The remaining provisions shall continue in full force and effect.
Section 38-48-160. The Department of Insurance shall promulgate regulations necessary to carry out the provisions of this chapter."
SECTION 2. A. Section 38-33-50 of the 1976 Code is amended by adding:
"(C) Any contract issued by a Health Maintenance Organization in this State on or after January 1, 1988, may include provision for subrogation by the Health Maintenance Organization to the enrollee's right of recovery against a liable third party for not more than the amount of insurance benefits that the Health Maintenance Organization has paid previously in relation to the enrollee's injury by the liable third party. If the director or his designee, upon being petitioned by the enrollee, determines that the exercise of subrogation by a Health Maintenance Organization is inequitable and commits an injustice to the enrollee, subrogation is not allowed. Attorneys' fees and costs must be paid by the Health Maintenance Organization from the amounts recovered. This determination by the director or his designee may be appealed to the Administrative Law Judge Division as provided by law in accordance with Section 38-3-210."
B. This Section takes effect upon approval by the Governor.
SECTION 3. A. Chapter 71, Title 38 of the 1976 Code is amended by adding:
Section 38-71-1910. This article may be cited as the 'Health Carrier External Review Act'.
Section 38-71-1920. For purposes of this article:
(1) 'Adverse determination' means a determination by a health carrier or its designee that an admission, availability of care, continued stay or other health care service that is a covered benefit has been reviewed and, based upon the information provided:
(a) does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness; or
(b) is experimental or investigational and involves a condition that is life-threatening or seriously disabling, and the requested service or payment for the service is, therefore, denied, reduced, or terminated.
(2) 'Authorized representative' means:
(a) a person to whom a covered person has given express written consent to represent the covered person in an external review;
(b) a person authorized by law to provide substituted consent for a covered person; or
(c) a family member of the covered person or the covered person's treating health care professional when the covered person is unable to provide consent.
(3) 'Clinical review criteria' means the written screening procedures, decision abstracts, clinical protocols, and practice guidelines used by a health carrier to determine the necessity and appropriateness of health care services.
(4) 'Covered benefits' means those health care services to which a covered person is entitled under the terms of a health benefit plan.
(5) 'Covered person' means an insured, subscriber, enrollee, or other individual entitled to covered benefits under a health benefit plan.
(6) 'Director or his designee' means the Director of the South Carolina Department of Insurance or a person designated by the director.
(7) 'Facility' means an institution providing health care services or a health care setting including, but not limited to, hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory, and imaging centers, and rehabilitation and other therapeutic health settings.
(8) 'Final adverse determination' means an adverse determination involving a covered benefit that has been upheld by a health carrier, or its designee, at the completion of the health carrier's internal appeal process.
(9) 'Health benefit plan' means a policy, contract, or certificate issued by a health carrier that provides benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise, and including items and services paid for as medical care under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer, except:
(a) coverage only for accident or disability income insurance or any combination of accident and disability income insurance;
(b) coverage issued as a supplement to liability insurance;
(c) liability insurance, including general liability insurance and automobile liability insurance;
(d) workers' compensation or similar insurance;
(e) automobile medical payment insurance;
(f) credit-only insurance;
(g) coverage for on-site medical clinics;
(h) other similar insurance coverage specified in regulations under which benefits for medical care are secondary or incidental to other insurance benefits;
(i) if offered separately:
(i) limited scope dental or vision benefits;
(ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination of these;
(iii) other similar, limited benefits, as are specified in regulations;
(j) if offered as independent, noncoordinated benefits:
(i) coverage only for a specified disease or illness;
(ii) hospital indemnity or other fixed indemnity insurance;
(k) if offered as a separate insurance policy:
(i) Medicare supplemental health insurance, as defined under Section 1882(g)(1) of the Social Security Act;
(ii) coverage supplemental to the coverage provided under Chapter 55, Title 10 of the United States Code; and
(iii) similar supplemental coverage under a group health plan;
(l) any health benefit plan offered or administered by the State Budget and Control Board.
(10) 'Health care professional' means a physician, dentist, or other person properly licensed, where required, to furnish health care services.
(11) 'Health care provider' or 'provider' means a health care professional or a facility.
(12) 'Health care services' means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(13) 'Health carrier' means an entity that provides health insurance coverage in this State and an insurance company, a health maintenance organization, and any other entity providing health insurance coverage which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation.
(14) 'Independent review organization' means an entity that conducts independent external reviews of adverse determinations and final adverse determinations.
(15) 'Life-threatening condition or disease' means a condition or disease, which according to the current diagnosis by the covered person's treating physician, has a high probability of causing the covered person's death within three years.
(16) 'Medical and scientific evidence' means:
(a) peer-reviewed scientific studies published in, or accepted for publication by, medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff;
(b) peer-reviewed medical literature, including literature relating to therapies reviewed and approved by a qualified institutional review board, biomedical compendia, and other medical literature that meet the criteria of the National Institute of Health's National Library of Medicine for indexing in Index Medicus, Excerpta Medicus, Medline and Medlars database Health Services Technology Assessment Research;
(c) medical journals recognized by the Secretary of Health and Human Services, under Section 1861 (t)(2) of the federal Social Security Act;
(d) these standard reference compendia: the American Hospital Formulary Service - Drug Information; the American Medical Association Drug Evaluation; the American Dental Association Accepted Dental Therapeutics; and the United States Pharmacopoeia - Drug Information;
(e) findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including the federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, Congressional Office of Technology Assessment, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services.
(17) 'Person' means a corporation, partnership, association, voluntary organization, individual, or any other entity, organization, or aggregation of individuals.
(18) 'Retrospective review' means a review of medical necessity conducted after services have been provided to a patient; this term does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding, or adjudication for payment.
(19) 'Serious medical condition' means a health condition or illness that requires immediate medical attention, where failure to provide immediate medical attention would result in a serious impairment to bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health in serious jeopardy.
(20) 'Seriously disabling' means a health condition or illness that involves a serious impairment to bodily functions or serious dysfunction of a bodily organ or part.
(21) 'Utilization review' means a system for reviewing the necessary, appropriate, and efficient allocation of health care resources and services given or proposed to be given to a patient or a group of patients.
Section 38-71-1930. (A) Except as provided in subsection (B), this article applies to all health carriers that provide or perform utilization review, including those plans subject to regulation under Chapter 33.
(B) This article does not apply to the administrative services performed on behalf of a self-funded plan subject to the Employee Retirement Income Security Act (ERISA) of 1974.
(C) For purposes of this article, notice to the subscriber or insured entitled to covered benefits under a health benefit plan shall constitute notice to the covered person. This subsection does not affect the health plan's obligations under a court order requiring a parent to provide health coverage pursuant to Section 20-7-1200 et seq.
Section 38-71-1940. (A) A health carrier shall notify the covered person in writing of the right to request an external review and include the appropriate statements and information set forth in subsection (B) at the time the health carrier sends written notice of either an adverse determination or a final adverse determination.
(B)(1) The health carrier shall include in the notice required under subsection (A) a clear and concise description of the right of the covered person to request a standard external review pursuant to Section 38-71-1970 or an expedited external review pursuant to Section 38-71-1980 upon receipt of an adverse determination or a final adverse determination and the circumstances under which the covered person is not required to exhaust the health carrier's internal appeal process or is considered to have exhausted the health carrier's internal appeal process pursuant to Section 38-71-1960.
(2) In addition to the information to be provided pursuant to subsection (B)(1), the health carrier shall include a brief description of both the standard and expedited external review procedures.
(3) As part of any forms provided under subsection (B)(2), the health carrier shall include an authorization form, or other document promulgated or approved by the director or his designee, by which the covered person, for purposes of conducting an external review under this article, authorizes the health carrier to disclose protected health information, including medical records, concerning the covered person that are pertinent to the external review.
(C) A notice, statement, or form required by this section must achieve a score of no lower than 70 on the Flesch Reading East Test and must be printed in no smaller than 12 point type. No part of the notice, statement, or form may be printed in all capitals. A notice, statement, or form required by this section must include a statement of the right of the covered person to contact the director or his designee for assistance. The statement must include the telephone number and address of the director or his designee.
(D) A notice, statement, or form required by this section must be approved by the Department of Insurance. The director or his designee shall promulgate standard language, in a specified font size and type for any notice, statement, or form required by this section. Use of the standard language in the specified font size and type promulgated by the department pursuant to this section shall constitute compliance with the notice requirements of this section.
Section 38-71-1950. (A) All requests for external review must be made in writing to the health carrier.
(B) A covered person or his authorized representative may make a request for an external review of an adverse determination or final adverse determination only when the amount payable for covered benefits is at least five hundred dollars.
(C) A covered person is not entitled to an external review of a retrospective review determination unless the covered person has exhausted the health carrier's internal appeal process and may be held financially responsible for the covered benefits.
Section 38-71-1960. (A)(1) Except in cases where the covered person's treating physician has certified in writing that the covered person has a serious medical condition, or, where the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational and the covered person's treating physician has provided the certifications required pursuant to Section 38-71-1980, a request for a standard or expedited external review may not be made until the covered person has exhausted the health carrier's internal appeal process.
(2) A covered person is considered to have exhausted the health carrier's internal appeal process for purposes of this section, if the covered person or his authorized representative:
(a) has filed an appeal involving an adverse determination pursuant to the health carrier's internal appeal process; and
(b) the health carrier has not issued a written decision within the timeframes set forth in the health carrier's internal appeals process after receipt of all information necessary to complete the appeal and the covered person or his authorized representative has not agreed to a delay.
(B) A request for an external review of an adverse determination may be made before the covered person has exhausted the health carrier's internal appeal process whenever the health carrier agrees to waive the exhaustion requirement.
(C) If the requirement to exhaust the health carrier's internal appeal process is waived under subsection (B), the covered person or his authorized representative may file a request in writing for an external review.
Section 38-71-1970. (A)(1) Within sixty days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an external review with the health carrier.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the request for review must include a certification from the covered person's treating physician who must be a licensed physician qualified to practice in the area of medicine appropriate to treat the covered person's condition that:
(a) the covered person has a life-threatening disease or seriously disabling condition; and
(b) at least one of the following situations is applicable:
(i) standard health care services or treatments have not been effective in improving the condition of the covered person;
(ii) standard health care services or treatments are not medically appropriate for the covered person; or
(iii) the recommended or requested service or treatment is more beneficial than the standard health care service or treatment covered by the health carrier; and
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments.
(B)(1) Within five business days from the date the health carrier receives a request for an external review, the health carrier or its designee shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct an external review; and
(b) send the documents and any information considered in making the adverse determination or final adverse determination to the independent review organization; or
(c) inform the covered person or his authorized representative in writing that the request does not meet the criteria for external review pursuant to this article and include a statement explaining the reason for nonacceptance and the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee;
(2) Except as provided in subsection (B)(3), failure by the health carrier or its designee to send the documents and information within the time specified in subsection (B)(1) may not delay the conduct of the external review.
(3)(a) If the health carrier or its designee fails to send the documents and information within the time specified in subsection (B)(1), the independent review organization may terminate the external review and make a decision to reverse the adverse determination or final adverse determination.
(b) Immediately upon making the decision under subsection (B)(3)(a), the independent review organization shall notify the covered person or his authorized representative and the health carrier.
(C)(1) Within five business days after receipt of the request for external review from the health carrier, the independent review organization shall determine whether all the information, certifications, and forms required to process an external review, including the release form provided under Section 38-71-1940B(3) have been provided. The independent review organization shall immediately notify the covered person or his authorized representative in writing if additional information is required.
(2) The independent review organization shall include in the notice provided pursuant to subsection (C)(1) a clear statement that the covered person or his authorized representative may submit in writing to the independent review organization within seven business days following the date of receipt of the notice additional information and supporting documentation that the independent review organization shall consider when conducting the external review.
(3) If the request is not:
(a) complete, the independent review organization shall inform the covered person or his authorized representative what information or materials are needed to make the request complete; or
(b) accepted for external review, the independent review organization shall inform the covered person or his authorized representative and the health carrier in writing of the reasons for its nonacceptance.
(D)(1) If a request for external review is accepted for external review, the independent review organization shall notify the health carrier and the covered person or his authorized representative.
(2) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(3) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, at the time a request is accepted for external review pursuant to subsection (C)(3),
(a) the independent review organization shall:
(i) immediately select a clinical peer review panel pursuant to subsection (D)(3)(b) to conduct the external review; and
(ii) based on the opinions of the clinical peer reviewers on the panel, make a decision to uphold or reverse the adverse determination or final adverse determination.
(b)(i) Notwithstanding the provisions of subsection (D)(3)(b)(ii), the panel shall consist of the number of physicians or other health care professionals considered appropriate by the independent review organization who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(ii) The health carrier may require that the panel consist of at least three physicians or other health care professionals who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(iii) Neither the covered person nor his authorized representative, if applicable, nor the health carrier shall choose or control the choice of the physicians or other health care professionals to be selected for the clinical peer review panel.
(c) Each member of the clinical peer review panel shall provide a written opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(i) of the covered person's medical condition, which is the subject of the adverse determination or final adverse determination;
(ii) of the indicators relevant to determining whether there is sufficient evidence to demonstrate that the recommended or requested health care service or treatment is more beneficial to the covered person than standard services or treatments and that the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatment; and
(iii) analysis of the medical and scientific evidence used in making the determination.
(E)(1) The independent review organization shall review all of the information and documents received from the health carrier and any other information submitted in writing to the independent review organization by the covered person or his authorized representative.
(2) Upon receipt of any information submitted by the covered person or his authorized representative pursuant to subsection (C)(2), the independent review organization immediately shall forward the information to the health carrier.
(F)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(2) Reconsideration by the health carrier may not delay or terminate the external review.
(3) The health carrier may terminate the external review only if the health carrier reverses its adverse determination or final adverse determination.
(4)(a) within five business days of making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (F)(3), the health carrier shall send written notice to the covered person or his authorized representative and the independent review organization.
(b) the independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (F)(4)(a).
(G) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(1) the covered person's relevant medical records;
(2) the treating health care provider's recommendation;
(3) consulting reports from appropriate health care professionals and other documents submitted by the health carrier, covered person, his authorized representative, or the covered person's treating provider;
(4) the most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards, and associations;
(5) any applicable clinical review criteria developed and used by the health carrier or its designee; and
(6) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, whether:
(a) the recommended or requested health care service or treatment has been approved by the Federal Food and Drug Administration; or
(b) medical and scientific evidence demonstrates that the expected benefits of the recommended or requested health care service or treatment would be greater than the benefits of any available standard service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of standard services or treatments.
(H)(1) Within forty-five days after the date of receipt of the request for an external review by the health carrier, the independent review organization shall provide written notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the covered person or his authorized representative and the health carrier.
(2) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the independent review organization shall make a decision to uphold or reverse the health carrier's adverse determination or final adverse determination based upon the recommendation of a majority of the clinical peer review panel, if more than one physician or other health care professional serves on the panel.
(3) The independent review organization shall include in the notice sent pursuant to subsection (H)(1):
(a) a general description of the reason for the request for external review;
(b) the date the independent review organization received the assignment from the health carrier;
(c) the date the external review was conducted, if appropriate;
(d) the date of its decision;
(e) the principal reason or reasons for its decision;
(f) the rationale for its decision;
(g) references to the evidence or documentation, including the practice guidelines, considered in reaching its decision; and
(h) the written opinions of the clinical peer review panel, if any.
(4) Within five business days of receipt of a notice of a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(I) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1980. (A)(1) Within fifteen days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an expedited external review with the health carrier at the time the covered person receives:
(a) an adverse determination if the covered person's treating physician has certified that the covered person has a serious medical condition;
(b) a final adverse determination if:
(i) the covered person's treating physician has certified that the covered person has a serious medical condition; or
(ii) the final adverse determination concerns an admission, availability of care, continued stay, or health care service for which the covered person received emergency medical care, as defined in Section 38-71-1520(2), but has not been discharged from a facility, if the covered person may be held financially responsible for the emergency medical care.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the request for review must include a certification from the covered person's treating physician who must be a licensed physician qualified to practice in the area of medicine appropriate to treat the covered person's condition that:
(a) the covered person has a life-threatening disease or seriously disabling condition; and
(b) at least one of the following situations is applicable:
(i) standard health care services or treatments have not been effective in improving the condition of the covered person;
(ii) standard health care services or treatments are not medically appropriate for the covered person; or
(iii) the recommended or requested service or treatment is more beneficial than the standard health care service or treatment covered by the health carrier; and
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments; and
(B)(1) At the time the health carrier receives a request for an expedited external review, the health carrier or its designee as expeditiously as reasonably possible shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct the expedited external review; and
(b) send all the documents and any information considered in making the adverse determination or final adverse determination to the independent review organization by overnight delivery service or any other reasonably available expeditious method; or
(c) inform the covered person or his authorized representative that the request does not meet the criteria for external review pursuant to this article and include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(2) Except as provided in subsection (B)(3), failure by the health carrier or its designee to send the documents and information within the time specified in subsection (B)(1) may not delay the conduct of the external review.
(3)(a) If the health carrier or its designee fails to send the documents and information within the time specified in subsection (B)(1), the independent review organization may terminate the external review and make a decision to reverse the adverse determination or final adverse determination.
(b) Immediately upon making the decision under subsection (B)(3)(a), the independent review organization shall notify the covered person or his authorized representative and the health carrier.
(C)(1) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational,
(a) the independent review organization shall:
(i) immediately select a clinical peer review panel pursuant to subsection (C)(2)(b) to conduct the external review; and
(ii) based on the opinions of the clinical peer reviewers on the panel, make a decision to uphold or reverse the adverse determination or final adverse determination.
(b)(i) notwithstanding the provisions of subsection (C)(2)(b)(ii), the panel shall consist of the number of physicians or other health care professionals, considered appropriate by the independent review organization, who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(ii) The health carrier may require that the panel consist of at least three physicians or other health care professionals who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(iii) Neither the covered person nor his authorized representative, if applicable, nor the health carrier shall choose or control the choice of the physicians or other health care professionals to be selected for the clinical peer review panel.
(c) Each member of the clinical peer review panel shall provide an opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(i) of the covered person's medical condition, which is the subject of the adverse determination or final adverse determination;
(ii) of the indicators relevant to determining whether there is sufficient evidence to demonstrate that the recommended or requested health care service or treatment is more beneficial to the covered person than standard services or treatments and that the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatment; and
(iii) analysis of the medical and scientific evidence used in making the determination.
(D) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(1) the covered person's relevant medical records;
(2) the treating health care provider's recommendation;
(3) consulting reports from appropriate health care professionals and other documents submitted by the health carrier, covered person, his authorized representative, or the covered person's treating provider;
(4) the most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards, and associations;
(5) any applicable clinical review criteria developed and used by the health carrier or its designee; and
(6) if adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, whether:
(a) the recommended or requested health care service or treatment has been approved by the federal Food and Drug Administration; or
(b) medical and scientific evidence demonstrates that the expected benefits of the recommended or requested health care service or treatment would be greater than the benefits of any available standard service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of standard services or treatments.
(E)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(2) Reconsideration by the health carrier may not delay or terminate the external review.
(3) The health carrier may terminate the external review only if the health carrier reverses its adverse determination or final adverse determination.
(4)(a) As expeditiously as reasonably possible upon making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (E)(3), the health carrier shall send notice to the covered person or his authorized representative and the independent review organization.
(b) The independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (E)(4)(a).
(F)(1) As expeditiously as reasonably possible, but in no event more than three business days after the date of receipt of the request for an expedited external review by the health carrier, the independent review organization shall provide notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the:
(a) covered person or his authorized representative; and
(b) health carrier.
(2) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the independent review organization shall make a decision to uphold or reverse the health carrier's adverse determination or final adverse determination based upon the recommendation of a majority of the clinical peer review panel, if more than one physician or other health care professional serves on the panel.
(3) If the notice provided pursuant to subsection (H)(1) was not in writing, within two days after the date of providing that notice, the independent review organization shall:
(a) provide written confirmation of the decision to the covered person or his authorized representative and the health carrier; and
(b) include the information set forth in Section 38-71-1970(H)(3).
(4) As expeditiously as reasonably possible after receipt of the notice a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(G) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1990. (A) An external review decision is binding on the health carrier.
(B) An external review decision is binding on the covered person except to the extent the covered person has other remedies available under applicable federal or state law. If such other remedies are available, the covered person or his authorized representative may not, in these proceedings, utilize, disclose, or introduce in evidence information generated during or findings reached by the independent review organization.
(C) A covered person or his authorized representative may not file a subsequent request for external review involving the same adverse determination or final adverse determination.
Section 38-71-2000. (A) The director or his designee shall approve independent review organizations eligible to be assigned to conduct external reviews to ensure that an independent review organization satisfies the minimum qualifications established under Section 38-71-2010.
(B) The director or his designee shall develop an application form for initially approving and for reapproving independent review organizations to conduct external reviews and may establish an advisory committee with appropriate representation to review the applications. No member of the advisory committee may be liable to any person for any acts or omissions arising out of or related to the approval or reapproval of independent review organizations pursuant to this act.
(C)(1) An independent review organization wishing to be approved to conduct external reviews under this article shall submit the application form and include with the form all documentation and information necessary for the director or his designee to determine if the independent review organization satisfies the minimum qualifications established under Section 38-71-2010.
(2) The director or his designee may charge an application fee that independent review organizations shall submit to the director or his designee with an application for approval and reapproval.
(D)(1) Except as provided in subsection (D)(2), an approval is effective for two years.
(2) The independent review organization must notify the director or his designee of any material changes in qualifications, including removal or loss of accreditation by a nationally recognized private accrediting entity, approved by the director or his designee pursuant to subsection (E). Whenever the director or his designee determines that an independent review organization no longer satisfies the minimum requirements established under Section 38-71-2010 or has violated a provision of this article, the director or his designee shall terminate the approval of the independent review organization and remove the independent review organization from the list of independent review organizations approved to conduct external reviews under this article that is maintained by the director or his designee pursuant to subsection (F).
(E) An independent review organization accredited by a nationally recognized private accrediting entity with established and maintained standards for independent review organizations that meet the minimum qualifications established pursuant to Section 38-71-2010, which accrediting entity has been approved by the director or his designee, may be deemed to meet the minimum qualification requirements set forth in Section 38-71-2010.
(F) The director or his designee shall maintain and periodically update a list of approved independent review organizations and approved nationally recognized private accrediting entities.
(G) The director or his designee may promulgate regulations or bulletins to carry out the provisions of this section.
Section 38-71-2010. (A) To be approved under Section 38-71-2000 to conduct external reviews, an independent review organization shall have and maintain written policies and procedures that govern all aspects of both the standard external review process and the expedited external review process set forth in Sections 38-71-1970 and 38-71-1980 that include, at a minimum:
(1) a quality assurance mechanism in place that ensures:
(a) that external reviews are conducted within the specified time frames and required notices are provided in a timely manner;
(b) the selection of qualified and impartial clinical peer reviewers to conduct external reviews on behalf of the independent review organization and suitable matching of reviewers to specific cases;
(c) the confidentiality of medical and treatment records and clinical review criteria; and
(d) that any person employed by or under contract with the independent review organization adheres to the requirements of this article;
(2) a toll-free telephone service to receive information on a 24-hour-day, 7-day-a-week basis related to external reviews that is capable of accepting, recording, or providing appropriate instruction to incoming telephone callers during other than normal business hours; and
(3) agree to maintain and provide to the director or his designee the information set out in Section 38-71-2030.
(B) All clinical peer reviewers assigned by an independent review organization to conduct external reviews must be physicians or other appropriate health care providers who:
(1) are knowledgeable about the recommended health care service or treatment through recent or current actual clinical experience treating patients with the same or similar medical condition of the covered person; and
(2) hold a nonrestricted license in a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of the external review.
(C) In addition to the requirements set forth in subsection (A), an independent review organization may not own or control, be a subsidiary of or in any way be owned or controlled by, or exercise control with a health benefit plan, a national, state, or local trade association of health benefit plans, or a national, state, or local trade association of health care providers.
(D)(1) In addition to the requirements set forth in subsections (A), (B), and (C), to be approved pursuant to Section 38-71-2000 to conduct an external review of a specified case, neither the independent review organization selected to conduct the external review nor any clinical peer reviewer assigned by the independent review organization to conduct the external review may have a material professional, familial, or financial conflict of interest with:
(a) the health carrier that is the subject of the external review;
(b) the covered person whose treatment is the subject of the external review or his authorized representative;
(c) any officer, director, or management employee of the health carrier that is the subject of the external review;
(d) the health care provider or the health care provider's medical group or independent practice association recommending the health care service or treatment that is the subject of the external review;
(e) the facility at which the recommended health care service or treatment would be provided; or
(f) the developer or manufacturer of the principal drug, device, procedure, or other therapy being recommended for the covered person whose treatment is the subject of the external review.
Section 38-71-2020. No independent review organization, or employee, officer, or director of an independent review organization or health care professional who furnishes services to an independent review organization is liable to any person for any acts or omissions arising out of or related to an external review conducted pursuant to this article, except for cases of wilful and intentional misconduct.
Section 38-71-2030. (A)(1) An independent review organization assigned pursuant to Section 38-71-1970 or Section 38-71-1980 to conduct an external review shall maintain written records in the aggregate and by health carrier on all requests for external review for which it conducted an external review during a calendar year and submit a report to the director or his designee, as required under subsection (A)(2).
(2) Each independent review organization required to maintain written records on all requests for external review pursuant to subsection (A)(1) for which it was assigned to conduct an external review shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and for each health carrier:
(a) the total number of requests for external review and the manner in which they were resolved;
(b) the average length of time for resolution;
(c) a summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director or his designee; and
(d) any other information the director or his designee may request or require.
(4) The independent review organization shall retain the written records required pursuant to this subsection for at least three years.
(B)(1) Each health carrier shall maintain written records in the aggregate and for each general type of health benefit plan offered by the health carrier on all requests for external review that are filed with the health carrier during a calendar year.
(2) Each health carrier required to maintain written records on all requests for external review pursuant to subsection (B)(1) shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and by type of health benefit plan:
(a) the total number of requests for external review and the manner in which they were resolved;
(b) the average length of time for resolution;
(c) a summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director or his designee; and
(d) any other information the director or his designee may request or require.
(4) The health carrier shall retain the written records required pursuant to this subsection for at least three years.
(C) The director or his designee shall make the reports required in this section available to any person for inspection and copying upon request.
Section 38-71-2040. The health carrier shall pay for the external review.
Section 38-71-2050. (A) Each health carrier shall include a description of the external review procedures in either the policy, certificate, membership booklet, outline of coverage, or other evidence of coverage it provides to covered persons.
(B) The description required under subsection (A) shall include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(C) In addition to subsection (B), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Section 38-71-2060. The director or his designee may, after notice, promulgate reasonable regulations or bulletins to carry out the provisions of this article."
B. If any provision of this act, or the application of the provision to any person or circumstance is held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
C. For individual health benefit plans, this Section is effective January 1, 2002. For group health benefit plans, this Section is effective for plan years beginning after December 31, 2001. Sections 38-71-2000, 38-71-2010, and 38-71-2060 of the 1976 Code are effective upon approval by the Governor. The South Carolina Department of Insurance may, prior to the effective date of this act, review any policies and filings necessary to implement the provisions of this Section in order to transition into any additional or altered requirement provided by this Section. Any action of the South Carolina Department of Insurance to implement this Section before January 1, 2002, is subject to the provisions, requirements, and law of this Section effective on January 1, 2002.
SECTION 3. Except as otherwise provided, this act takes effect ninety days after approval by the Governor. /
Amend title to conform.
/s/The Honorable Edward E. Saleeby /s/The Honorable Harry F. Cato /s/The Honorable Glenn F. McConnell /s/The Honorable Daniel Tripp /s/The Honorable Glenn G. Reese The Honorable John Hawkins On Part of the Senate. On Part of the House.
Rep. CATO explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received from the Senate:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 705:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
and asks for a Committee of Conference and has appointed Senators RANKIN, MCCONNELL and MATTHEWS of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. ROBINSON, COOPER and EDGE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1042:
S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1321:
S. 1321 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 1, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 4460:
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Very respectfully,
President
The Bill was ordered returned to the Senate upon their request.
The Senate returned to the House with concurrence the following:
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
H. 4867 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
H. 4887 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME ROAD S-17-316 IN DILLON COUNTY COMMONLY KNOWN AS WILLAMETTE ROAD, BETWEEN SOUTH CAROLINA HIGHWAY 34 AND ROAD S-17-23 "A. W. 'RED' BETHEA ROAD" AND PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THIS DESIGNATION.
H. 5147 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE RODNEY E. SLATER, SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE ADMINISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA), AND THE UNITED STATES CONGRESS TO OPPOSE THE ADOPTION OF THE REVISIONS TO THE FEDERAL HOURS-OF-SERVICE RULES FOR COMMERCIAL DRIVERS CONTAINED IN THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S RECENTLY ISSUED NOTICE OF PROPOSED RULEMAKING, AND TO URGE THE FMCSA TO ISSUE A NEW PROPOSAL BASED ON SOUND SCIENCE, ENHANCED PUBLIC SAFETY, AND STRENGTHENED ABILITY OF THE TRUCKING INDUSTRY TO MEET THE NEEDS OF THE AMERICAN ECONOMY.
H. 5159 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION TO HONOR AND COMMEND JULIA CHILES ADAMS, DIRECTOR FOR THE PAST THIRTEEN YEARS OF THE GREENVILLE COUNTY HUMAN RELATIONS COMMISSION UPON HER RETIREMENT, AND TO THANK HER FOR ALL THE CONTRIBUTIONS SHE HAS MADE DURING THE THIRTY-FIVE YEARS SHE HAS SPENT IN LEADERSHIP POSITIONS AT LOCAL, STATE, AND REGIONAL LEVELS WORKING EFFECTIVELY ON HUMAN, SOCIAL, AND CIVIL RIGHTS ISSUES.
H. 5160 (Word version) -- Rep. Canty: A CONCURRENT RESOLUTION CONGRATULATING CALVARY BAPTIST CHURCH OF PINEWOOD, SOUTH CAROLINA, ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY, AND RECOGNIZING ITS LONG AND LAUDABLE HISTORY OF SERVING THE EDUCATIONAL, HUMANITARIAN, AND SPIRITUAL NEEDS OF ITS MEMBERS AND THE PINEWOOD COMMUNITY.
H. 5161 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. ANDREW J. CHISHOM, PASTOR OF ZION CHAPEL BAPTIST CHURCH NO. 1 IN RICHLAND COUNTY FOR HIS TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THIS GREAT HOUSE OF GOD.
H. 5162 (Word version) -- Reps. J. H. Neal, 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, 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. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, 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 SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.
H. 5165 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE COLEMAN L. BRAMLETT OF BISHOPVILLE.
At 5:00 p.m. the House, in accordance with the motion of Rep. R. SMITH, adjourned in memory of former Representative Rudolph Marion "Rudy" Mason, and in accordance with S. 1430, the Sine Die Adjournment Resolution, to meet at 12:00 noon, Tuesday, June 20.
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