Indicates Matter Stricken
Indicates New Matter

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

We thank You, Lord, for the beauty of springtime; for the awe inspiring days of earth's reawakening. We thank You for the green grass, for every budding flower as we behold in wonder the petals held high by bushes aflame with evidence of God's power. In the changing display of forms and colors that thrill the beholder, may we see that as but the handiwork of God. And may it all teach us that You, our Father God, are the Caretaker of both nature and of human nature. In thanksgiving, we explain: "The earth is the Lord's and the fullness thereof." 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 Thursday, the SPEAKER ordered it confirmed.

Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of George Chiles, which was agreed to.

The following was received:

MEMORANDUM TO:     Clerk of the House

Clerk of the Senate
RE:                   Transcript of Hearings

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Olin Phillips
Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

The Citadel

At-large

two seats                 Arthur H. Baiden III (Greenville)

William C. Coffey, Jr. (Manning)

W. Henry Johnson, Jr. (Lake City)

MAJ Richard D. Leonard (Columbia)

William F. Sachs (Columbia)

Allison Dean Wright (Columbia)
Clemson University

At-large

three seats               Walter Mack Burriss(Columbia)

Louis B. Lynn(Columbia)*

Charles E. Moore(Woodruff)

William C. Smith, Jr.(Columbia)*

Allen P. Wood(Florence)*
College of Charleston

Six congressional districts, one at-large

1st District, Seat 2       L. Cherry Daniel(Charleston)*

2nd District, Seat 4       Joel H. Smith(Columbia)*

3rd District, Seat 6       J. Philip Bell(Greenwood)*

4th District, Seat 8       Merl F. Code (Greenville)*

Emil E. Spieth (Spartanburg)

5th District, Seat 10       J. Vincent Price, Jr. (Gaffney)*

6th District, Seat 12       Marie M. Land (Manning)*

At-Large, Seat 14       Timothy N. Dangerfield (Aiken)*

Zeno Montgomery (Columbia)
Coastal Carolina University

At-large, Seat 15             Timothy R. Meacham (Florence)

Daniel W. R. Moore, Sr.

(N. Myrtle Beach)

Ronald R. Norton (Murrells Inlet)
Francis Marion University

Seven congressional districts, one at-large

1st District, Seat 2         Melissa Johnson Emery

(Myrtle Beach)*

2nd District, Seat 4         Gail Ness Richardson (Barnwell)*

3rd District, Seat 6         Patricia C. Edmonds (Greenwood)*

4th District, Seat 8         Alex Kiriakides III (Greenville)*

5th District, Seat 10         Lorraine H. Knight (Hartsville)*

6th District, Seat 11         James A. Brown, Jr. (Florence)**

6th District, Seat 12         William W. Coleman, Jr. (Florence)*

At-large, Seat 14           Robert W. Williams, Jr. (Effingham)**
Lander University

Seven congressional districts, one at-large

1st District, Seat 2         Robin R. Agnew (Myrtle Beach)*

Anthony Noury (Mt. Pleasant)

2nd District, Seat 4         George R. Starnes (Columbia)*

Peter Buttress (Lexington)

3rd District, Seat 5         Mamie W. Nicholson (Greenwood)**

3rd District, Seat 6         Finis Horne (Greenwood)

4th District, Seat 8         C. Tyrone Gilmore (Spartanburg)*

5th District, Seat 10         S. Anne Walker (Columbia)*

6th District, Seat 12         Walter D. Smith (Florence)*

At-large, Seat 14           Ann B. Bowen (Greenwood)*
Medical University of South Carolina

Six congressional districts (three each from medical and non-medical professions)

1st District, non-medical     Melvyn Berlinsky (Charleston)*

2nd District, non-medical   Donald McElveen (Columbia)*

William F. Hoffman (Blythewood)

Donald V. Richardson III (Columbia)

3rd District, non-medical     Fred T. Moore (Honea Path)*

Charles W. Schulz (Greenwood)

4th District, medical       Dr. Charles B. Thomas, Jr.

(Greenville)*

Harold E. Fleming (Spartanburg)

5th District, medical       Dr. Cotesworth P. Fishburne, Jr.

(Rock Hill)*

6th District, medical       Dr. E. Conyers O'Bryan, Jr.

(Florence)*
South Carolina State

At-large

Two Seats

At-large, Seat 11           John Williams, Jr. (Orangeburg)*

At-large, Seat 12           George C. Bradley (Summerville)

Grace H. Salters (Orangeburg)

Alfonso J. Evans, Sr. (Charleston)

Brantley E. Evans, Jr. (Columbia)
University of South Carolina

Eight Judicial circuits

2nd Circuit               Miles Loadholt (Barnwell)*

4th Circuit               J. DuPre Miller (Bennettsville)*

6th Circuit               James Bradley (Lancaster)*

8th Circuit               Herbert C. Adams (Laurens)*

10thCircuit               Robert N. McLellan (Seneca)*

14thCircuit               Helen C. Harvey (Beaufort)*

15thCircuit               M. Wayne Staton (Conway)*

16thCircuit               Sam R. Foster II (Rock Hill)*
Wil Lou Gray Opportunity School

At-large

Four seats

Bryan England (Murrells Inlet)

Samuel Goodwater, Jr. (Beaufort)

Charles E. Jackson (Lexington)

Wilhelmina McBride (Columbia)*

Mary F. Newman (Cayce)*

Carlisle Roddeym (Chester)

Diana Taylor (Columbia)

Suzanne Turner (Gaffney)*

At-large

Two Seats               Hugh Hadsock, Jr. (W. Columbia)

Sandra Nelson (Lancaster)

Glenda P. Owens (Charleston)

Kay Wright Rush (Lexington)

Harold P. Tuttle, Jr. (Rock Hill)*
* Incumbent
**Appointed by Governor to fill unexpired term

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Representative Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 21st day of February, 2000 before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Representative Olin Phillips, Chairman
Representative Curtis Inabinett
Senator Addison G. "Joe" Wilson
Senator Warren Giese
Representative Margaret Gamble
Representative Lanny Littlejohn
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee

CHAIRMAN PHILLIPS: I'd like to call the screening committee to order. But first I'd like to introduce the screening committee. On my right is Senator Warren Giese from Richland and to my left, the far left is Dr. Margaret Gamble from Lexington and Lanny Littlejohn ...Representative Lanny Littlejohn from Spartanburg and Sophia Floyd, our assistant here, and I also would like to recognize the Creel Court Office reporting and we have Christine Howell. Christine, thank you for performing this service for us. I'm Olin Phillips and I'm from Cherokee. One little thing on housekeeping before we get started, and the first will be Clemson, but I'd like to tell you that nobody can after you are screened here today and you're qualified ... you're deemed qualified, you can't ask for support until we release the screening report

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 28th day of February, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Senator Warren K. Giese
Senator Addison "Joe" G. Wilson
Representative Curtis Inabinett
Representative Lanny Littlejohn
Representative Margaret Gamble
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee

CHAIRMAN PHILLIPS: Call to order the screening committee. Screening of college board candidates. First order of business, I want to welcome everyone here. Introduce the committee, to my far left Representative Margaret Gamble from Lexington; Representative Lanny Littlejohn from Spartanburg; Representative Curtis Inabinett from Charleston, Ravenel, South Carolina; and Senator Warren Giese from ...
SENATOR GIESE: Richland.
CHAIRMAN PHILLIPS: And I'm Olin Phillips from Cherokee the Chairman. Sophia Floyd, is our assistant here this morning. And I gather you're from the Creel Agency?
COURT REPORTER: Sonya.

(All in Favor)
CHAIRMAN PHILLIPS: Mr. Gilmore.
MR. GILMORE: Thank you.
CHAIRMAN PHILLIPS: You're welcome, sir.
MR. GILMORE: And I hope that we're free to go? I want to ask if--
CHAIRMAN PHILLIPS: You're welcome to go.
MR. GILMORE: Thank you very much.
CHAIRMAN PHILLIPS: The next that we issued a delay on Francis Marion 1st district, Seat 2, Melissa Johnson Emery, Myrtle Beach?
MS. EMERY: Yes, sir.
CHAIRMAN PHILLIPS: You may go up. Please raise your right hand.
MELISSA JOHNSON EMERY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MS. EMERY: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. EMERY: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. EMERY: No, sir, I do not.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, ma'am. Now, we'll go to the Citadel. There's two seats at-Large and we have six candidates. And our first candidate will be Arthur H. Baiden, III from Greenville. Mr. Baiden.
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand.
ARTHUR H. BAIDEN, III, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Baiden, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. BAIDEN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?

(All in Favor)
CHAIRMAN PHILLIPS: Thank you. We have approved all of you. And as I say again, do not try to solicit votes until after the -- until the screening report is issued in the Journal. Thank you for coming. Next we go to Coastal Carolina University, At-Large, Seat 15. We have three candidates vying for that seat and our first candidate is Timothy R. Meacham from Florence. Mr. Meacham, would you please raise your right hand.
TIMOTHY R. MEACHAM, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Meacham, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MEACHAM: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: You may present your statement, sir.
MR. MEACHAM: Well, first of all, I want to thank the committee and Mr. Chairman for appearing before you today. I'm applying for the Board of Trustees at Coastal Carolina University for two reasons. I'm a 1979 graduate of the University of Coastal Carolina University. I have two interests in Coastal. I think one of the things that I can bring to the Board of Trustees is that I have a unique prospective on Coastal. The other thing is that I can bring passion to the Board of Trustees. I'm a 1979 graduate of Coastal Carolina University. In 19- -- my senior

(All in Favor)
CHAIRMAN PHILLIPS: I now declare you eligible to run. We're moving onto the Medical University of South Carolina. Six congressional districts. Three each from the medical and three from

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. You are qualified and thank you.
MR. BERLINSKY: Thank you very much.
CHAIRMAN PHILLIPS: You may sit around and hear other candidates or whatever you'd like to do. Thank you, sir. The 2nd district congressional district, non -- excuse me, 2nd district, non-medical, Donald F. McElveen from Columbia. Raise your right hand.
DONALD F. MCELVEEN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MCELVEEN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MCELVEEN: Yes, sir.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. You're welcome to stay or you may go if you like. And I move onto the 3rd congressional district, non-medical, Fred Moore. We got a fax and we also got by air express mail and we got a letter from Mr. Moore is asking for a delay in his -- "I am completing my fourth year of service at the Medical University of South Carolina as a member of the Board of Trustees. I am seeking re-election to this board. After having undergone lung surgery for asbestosis at MUSC, I am in the daily rehabilitation program at this time. Because of my participation in this program, I

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. That means you're qualified. You may do whatever you need to do. We want to go back to Fred Moore. And we've got the attendance for the last -- let me ask somebody from the College at MUSC, do you have monthly board meetings or call board meetings?
AUDIENCE MEMBER: Bi-monthly.
CHAIRMAN PHILLIPS: Bi-monthly, okay. And Mr. Moore had, out of the five in 1999, he attended three, was absent two. I still would like to, if it pleases the committee, is to extend him another opportunity to be screened when we re-screen for the Seat 12, At-Large for South Carolina State. This is a courtesy of extending him by virtue of being a House Member of about 25 years and willing to serve in other

(All in Favor)
CHAIRMAN PHILLIPS: Now, as far as Mr. Schulze, what is the pleasure of the committee?
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: Being screened here today all that he would need to do is give us a letter of his intent and would not have to be screened again at that ...
REPRESENTATIVE GAMBLE: I disagree. I think all we're doing is postponing Mr. Moore. We're not opening back up the process with the other candidates. We're opening up the application period. We're not opening up the application period we're only extending ...
SENATOR WILSON: And that was the intent of my motion ...
REPRESENTATIVE GAMBLE: Right.
SENATOR WILSON: ... to just clarify that he would ...
REPRESENTATIVE GAMBLE We're only extending him the opportunity to come and be screened at a later date ...
CHAIRMAN PHILLIPS: Okay, well, I ...
REPRESENTATIVE GAMBLE: ... just like we delayed those from last week.
CHAIRMAN PHILLIPS: What I was getting around to and maybe I'm getting ahead of myself and maybe he's disqualified but ... I understand, so I forget that. What is the pleasure of the committee for the screening?
SENATOR WILSON: So moved as to Mr. Schulze.
CHAIRMAN PHILLIPS: Thank you. Thank you very much. We'll move on. And we'll handle that from the chair, all right. Thank you. The next one is 5th Congressional District, Mr. Cotesworth Fishburne, Rock Hill, Jr. Mr. Cotey Fishburne, Rock Hill.
MR. FISHBURNE: Thank you very much.
COTESWORTH P. FISHBURNE, JR., being duly sworn, testifies as follows:

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. Fishburne.
MR. FISHBURNE: Thank you.
CHAIRMAN PHILLIPS: 6th District, medical, Dr. E. Conyers O'Bryan, Jr. from Florence. Will you raise your right hand.
E. CONYERS, O'BRYAN, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. O'BRYAN: No, I don't.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. O'BRYAN: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. O'BRYAN: No, I do not.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. O'BRYAN: No, I do not.
CHAIRMAN PHILLIPS: You may proceed, sir.
MR. O'BRYAN: I'm a native of Kingstree. I graduated from the Medical University of South Carolina. Interned in University in St. Louis. And did internal medicine residency and cardiologic fellowship at the Medical University. Been on the Board since 1976. I'm the immediate past chairman. I'm also a Clinical Professor of Cardiology and have taught the past three or four years. I would like to, for your comfort and our public relations protection to correct one of Mr. McElveen's statements. I note he offered you colonoscopy. I can assure you it's still an invasive procedure, even though we do it better

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. O'Bryan. Moving on to South Carolina State, At-Large, Seat 11, Mr. John Williams, Jr. from Orangeburg. Please raise your hand.
JOHN WILLIAMS, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. WILLIAMS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. WILLIAMS: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. WILLIAMS: To the Chair and members of the committee I certainly appreciate your time for the screening process concerning. I'm John Williams, Jr. I'm a product of the public schools of South Carolina. I was educated at Sterling High School, South Carolina State

(All in Favor)
CHAIRMAN PHILLIPS: Thank you. At-Large, Seat 12, Walter L. Salters, the incumbent. And you know of Mr. Salters death. What is the pleasure of the committee in re-opening the filing on 3/8, excuse me, 3/9 will be the deadline to file. The intent to run for Seat 12 and screening will be held at 9:30 on a Thursday morning 3/23 of March. 3/9 will be the deadline to receive applicants and 3/23 on Thursday morning at -- let's put 9:15, that will give us plenty of time. Is that time all right? On a Thursday, 3/23 of March. Do I hear a motion to declare the seat vacant?
SENATOR WILSON: So moved.
REPRESENTATIVE INABINETT: Second.
CHAIRMAN PHILLIPS: All in favor signify by saying aye.

(All in Favor)

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. And you are qualified Mr. Loadholt. You may stay or go, whatever. 4th Circuit, DuPre Miller from Bennettsville. Mr. Miller.
MR. MILLER: Thank you, Mr. Chairman.
CHAIRMAN PHILLIPS: You're already up and ready to go. Thank you, sir. Raise your right hand, sir.
J. DUPRE MILLER, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MILLER: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. MILLER: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.

(All in Favor)
SENATOR WILSON: Opposed no? Thank you very much for coming.
MR. MILLER: Thank you. Thank you, sir. Thank you.
SENATOR WILSON: The 6th Circuit, James Bradley. And Mr. Bradley I am sitting in as the Chairman has departed just for a moment. Please raise your right hand.
JAMES BRADLEY, being duly sworn, testifies as follows:
SENATOR WILSON: Thank you. Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. BRADLEY: No, sir.
SENATOR WILSON: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BRADLEY: Yes, sir.
SENATOR WILSON: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BRADLEY: No, sir.

(All in Favor)
MR. BRADLEY: Thank you very much.
CHAIRMAN PHILLIPS: Mr. Herbert Adams, 8th Congressional.
MR. ADAMS: 8th.
REPRESENTATIVE GAMBLE: It's a Judicial Circuit?
CHAIRMAN PHILLIPS: Yes. Judicial. Mr. Adams, please raise your right hand.
HERBERT C. ADAMS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. ADAMS: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. ADAMS: No, sir.
CHAIRMAN PHILLIPS: Go ahead, sir.
MR. ADAMS: Mr. Chairman, I have been a member of the Board of Trustees since 1984. I have served as members of the fiscal policy, the Academic Affairs, the Building and Grounds. I have also served and I am serving on all of those at this time. I've served in the past on the Student Trustee Liaison Executive Committee of the Inner Collegiate Activities Committee, The Presidential Search Committee when we brought Dr. Palms here and also the Chancellor of Search Committee for Dr. Stockwell at USC Spartanburg. I've appreciated the opportunity to serve the University. I graduated in 1964. I've had three daughters to graduate from the University. All of them have, thank goodness, have picked up on our love and spread it on to my grandchildren. So I count on not only being, having been a part of the University but continuing being a part in the future and I appreciate the opportunity to serve on the Board of Trustees.
CHAIRMAN PHILLIPS: Any questions? Dr. Gamble.

(All in Favor)
MR. ADAMS: Thank you.
CHAIRMAN PHILLIPS: Thank you, Mr. Adams. From the 10th Circuit, Robert N. McLellan from Seneca. Oh, I've been waiting on this one.
ROBERT N. MCLELLAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MCLELLAN: I do not.

(All in Favor)
MR. MCLELLAN: Thank you.
CHAIRMAN PHILLIPS: Thank you. Mr. McLellan, you are now qualified. Thank you, sir. 14th Circuit and that seat is held by the incumbent Helen C. Harvey of Beaufort. H. Tim Purist of Beaufort had filed but withdrew when he found out Ms. Harvey was a candidate, and so now we have Ms. Helen C. Harvey as an incumbent without opposition. Ms. Harvey, would you raise your right hand for me?
HELEN C. HARVEY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MS. HARVEY: I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MS. HARVEY: I am.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MS. HARVEY: I do not.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MS. HARVEY: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MS. HARVEY: Thank you. It's been my privilege to serve on the Board of Trustees for about eight years now. And I want to thank the legislature for the confidence that they have given me in electing me to this position and from the 14th Judicial Circuit. It is a privilege and also it is a tremendous responsibility. The university, as you know, is many faceted and touches every single person in this state in some way, shape or form. And it is a really important, I feel, a tremendous responsibility for being sure that all the people in the state, all of our young people, have access to quality higher education. I think that is my main passion. During my tenure the Board has worked with many people to enhance the reputation of the university and to improve the quality of life in our state. It is our goal to become a member of the AAU which is the Association of Universities and we do not have any

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Ms. Harvey.
MS. HARVEY: Thank you. And we thank you for your support.
CHAIRMAN PHILLIPS: Well, let's see. 15th Circuit. Mr. M. Wayne Staton from Conway. And he's up.
M. WAYNE STATON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. STATON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. 16th Circuit, Sam R. Foster, II from Rock Hill.
SAM R. FOSTER, II, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. FOSTER: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. FOSTER: No, sir.
CHAIRMAN PHILLIPS: You may proceed.
MR. FOSTER: Mr. Chairman and Members of the Committee it has been my privilege to serve on the Board of Trustees for this is now my fourth term. I am from Rock Hill, South Carolina. Born in Chester. Grew up in York County. I am married for 15 years. Two boys, 11 and 7. And graduated from the public school system in Rock Hill, South Carolina. I'm a graduate of the University in 1980. And have enjoyed my tenure on the Board. The Legislature at the time I was elected took tremendous confidence to elect me as the youngest person ever elected to this board and I have had a tremendous experience sharing with as a chair of the Student Trustee Liaison Committee in the early part of my tenure what it means to have been a student and then

(All in Favor)
CHAIRMAN PHILLIPS: Sam, thank you, sir. We'll go to Wil Lou Gray Opportunity School. This is the last one. At-Large Four Seats and eight people. So number one, the first person will be Bryan England of Murrells Inlet.
SENATOR WILSON: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes.
SENATOR WILSON: As Mr. England is coming forward I'd like to acknowledge that Pat Smith the Executive Director of Wil Lou Gray Opportunity School is here, and we appreciate him being here. He wears multiple hats also in the community that I live in of Springdale, he is our mayor, and so he somehow is able to do everything mainly because he married so well. His wife Rosalee is just a wonderful person. His mom is a great person. And so Mayor, we appreciate you being here today.
MAYOR PAT SMITH: Thank you, sir.
CHAIRMAN PHILLIPS: He has had a job. Mr. England, go ahead, sir.
BRYAN ENGLAND, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. ENGLAND: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. ENGLAND: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. ENGLAND: No, sir.

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 9th day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee

CHAIRMAN PHILLIPS: We're here today to screen for Wil Lou Gray, Mr. Samuel Goodwater, Jr. for a Wil Lou Gray Seat Opportunity School at-Large. Introduction of the Committee Members is Representative Lanny Littlejohn from Spartanburg and Representative Curtis Inabinett from Charleston and myself, Representative Olin Phillips and I am from Cherokee, Gaffney. We have the Creel agency here doing dictation and Sophia Floyd, our Executive Secretary. At this time we would like to go ahead and screen Mr. Samuel Goodwater. Mr. Goodwater?
MR. GOODWATER: Yes.
CHAIRMAN PHILLIPS: If you will, will you please stand?
MR. GOODWATER: Oh, okay.
CHAIRMAN PHILLIPS: And I'm going to swear you in. Will you please raise your right hand.
MR. GOODWATER, being duly sworn, testifies as follows:

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 23rd day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
Senator James E. Bryan, Jr.
Senator Maggie W. Glover
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee

CHAIRMAN PHILLIPS: I'm going to call the meeting to order, we're just a few minutes early but we need to get -- no, it's 9:15 -- started with the House. Let me welcome you here, all of you, and especially Fred, I've known him for a long time. I want to introduce the committee members, Representative Lanny Littlejohn from Spartanburg, Curtis Inabinett from Charleston and Jim Bryan from Laurens. Senator Jim Bryan from Laurens. I'm Representative Olin Phillips. And our first candidate will be for the Medical University, 3rd District, non-medical, Mr. Fred Moore from Honea Path. And Mr. Moore, I'm going to ask you to raise your right hand.
MR. FRED MOORE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity if you're elected or re-elected, sir?
MR. MOORE: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MOORE: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MOORE: No, sir.

Memorandum To:   Clerk of the House

Clerk of the Senate
Re:           Committee Hearings, February 21 & 28,

2000, March 9 & 23, 2000

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

At-large

two seats                 Arthur H. Baiden III (Greenville)

William C. Coffey, Jr. (Manning)

W. Henry Johnson, Jr. (Lake City)

MAJ Richard D. Leonard (Columbia)

William F. Sachs (Columbia)

Allison Dean Wright (Columbia)
Clemson University

At-large

three seats               Walter Mack Burriss (Columbia)

Louis B. Lynn (Columbia)*

Charles E. Moore (Woodruff)

William C. Smith, Jr. (Columbia)*

Allen P. Wood (Florence)*
College of Charleston

Six congressional districts, one at-large

1st District, Seat 2       L. Cherry Daniel (Charleston)*

2nd District, Seat 4       Joel H. Smith (Columbia)*

3rd District, Seat 6       J. Philip Bell (Greenwood)*

4th District, Seat 8       Merl F. Code (Greenville)*

Emil E. Spieth (Spartanburg)

5th District, Seat 10       J. Vincent Price, Jr. (Gaffney)*

6th District, Seat 12       Marie M. Land (Manning)*

At-Large, Seat 14       Timothy N. Dangerfield (Aiken)*

Zeno Montgomery (Columbia)
Coastal Carolina University

At-large, Seat 15             Timothy R. Meacham (Florence)

Daniel W. R. Moore, Sr.

(N. Myrtle Beach)

Ronald R. Norton (Murrells Inlet)
Francis Marion University

Seven congressional districts, one at-large

1st District, Seat 2         Melissa Johnson Emery

(Myrtle Beach)*

2nd District, Seat 4         Gail Ness Richardson (Barnwell)*

3rd District, Seat 6         Patricia C. Edmonds (Greenwood)*

4th District, Seat 8         Alex Kiriakides III (Greenville)*

5th District, Seat 10         Lorraine H. Knight (Hartsville)*

6th District, Seat 11         James A. Brown, Jr. (Florence)**

6th District, Seat 12         William W. Coleman, Jr. (Florence)*

At-large, Seat 14           Robert W. Williams, Jr. (Effingham)**
Lander University

Seven congressional districts, one at-large

1st District, Seat 2         Robin R. Agnew (Myrtle Beach)*

Anthony Noury (Mt. Pleasant)

2nd District, Seat 4         George R. Starnes (Columbia)*

Peter Buttress (Lexington)

3rd District, Seat 5         Mamie W. Nicholson (Greenwood)**

3rd District, Seat 6         Finis Horne (Greenwood)

4th District, Seat 8         C. Tyrone Gilmore (Spartanburg)*

5th District, Seat 10         S. Anne Walker (Columbia)*

6th District, Seat 12         Walter D. Smith (Florence)*

At-large, Seat 14           Ann B. Bowen (Greenwood)*
Medical University of South Carolina

Six congressional districts (three each from medical and non-medical professions)

1st District, non-medical     Melvyn Berlinsky (Charleston)*

2nd District, non-medical   Donald McElveen (Columbia)*

William F. Hoffman (Blythewood)

Donald V. Richardson III (Columbia)

3rd District, non-medical     Fred T. Moore (Honea Path)*

Charles W. Schulz (Greenwood)

4th District, medical       Dr. Charles B. Thomas, Jr.

(Greenville)*

Harold E. Fleming (Spartanburg)

5th District, medical       Dr. Cotesworth P. Fishburne, Jr.

(Rock Hill)*

6th District, medical       Dr. E. Conyers O'Bryan, Jr.

(Florence)*
South Carolina State

At-large

Two Seats

At-large, Seat 11           John Williams, Jr. (Orangeburg)*

At-large, Seat 12           George C. Bradley (Summerville)

Grace H. Salters (Orangeburg)

Alfonso J. Evans, Sr. (Charleston)

Brantley E. Evans, Jr. (Columbia)
University of South Carolina

Eight Judicial circuits

2nd Circuit               Miles Loadholt (Barnwell)*

4th Circuit               J. DuPre Miller (Bennettsville)*

6th Circuit               James Bradley (Lancaster)*

8th Circuit               Herbert C. Adams (Laurens)*

10thCircuit               Robert N.McLellan (Seneca)*

14thCircuit               Helen C. Harvey (Beaufort)*

15thCircuit               M. Wayne Staton (Conway)*

16thCircuit               Sam R. Foster II (Rock Hill)*
Wil Lou Gray Opportunity School

At-large

Four seats

Bryan England (Murrells Inlet)

Samuel Goodwater, Jr. (Beaufort)

Charles E. Jackson (Lexington)

Wilhelmina McBride (Columbia)*

Mary F. Newman (Cayce)*

Carlisle Roddey (Chester)

Diana Taylor (Columbia)

Suzanne Turner (Gaffney)*
Winthrop University

At-large

Two Seats               Hugh Hadsock, Jr. (W. Columbia)

Sandra Nelson (Lancaster)

Glenda P. Owens (Charleston)

Kay Wright Rush (Lexington)

Harold P. Tuttle, Jr. (Rock Hill)*

On motion of Rep. PHILLIPS, the report was ordered printed in the Journal.

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

H. 4779 (Word version) -- Reps. Gamble and Moody-Lawrence: A HOUSE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 2000, AND FRIDAY, JUNE 16, 2000.

Be it resolved by the House of Representatives:

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that Palmetto Girls State shall be granted access to and use of the chamber in accordance with the guidelines and requirements as the Clerk of the House of Representatives shall direct.

Be it further resolved that no charges may be made for the use of the chamber of the House of Representatives by Palmetto Girls State on these dates.

The Resolution was adopted.

The following was introduced:

H. 4820 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. BEN STERN OF RICHLAND COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was taken up for immediate consideration:

S. 1231 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 26 AND FRIDAY, OCTOBER 27, 2000, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 25, 2000, FOR THE ORGANIZATION'S

Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and

Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,

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

That the South Carolina Student Legislature is allowed the use of the House and Senate chambers on October 26 through 27 and the Blatt Office Building October 25, 2000, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in statewide session on any of these days, the Blatt Building may not be used.

Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following was taken up for immediate consideration:

S. 1247 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, WHOSE CURRENT TERMS EXPIRE AUGUST 31, 2000.

That the Senate and House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 24, 2000, at 12:00 noon to elect successors to the South Carolina Consumer Affairs Commission for Seats 2 and 4, whose current terms expire August 31, 2000.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH CARE PROFESSIONALS REGARDING THE BEST PRACTICES FOR THE JUDICIOUS USE OF ANTIBIOTICS.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

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

H. 4821 (Word version) -- Reps. Seithel, Breeland, Dantzler, Inabinett, Mack, Whatley and Whipper: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL HAVE UNLIMITED FISCAL AUTONOMY IN REGARD TO SETTING THE SCHOOL MILLAGE TO BE LEVIED EACH YEAR.
Rep. SEITHEL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. ALTMAN objected.
Referred to Charleston Delegation

H. 4823 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter, Gourdine, Lloyd, Parks, Pinckney and Rutherford: A BILL TO AMEND SECTIONS 59-117-10, AS AMENDED, 59-117-20, AS AMENDED, AND 59-117-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTION 59-119-40, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER OF THE BOARD BY THE GOVERNOR, TO PROVIDE THAT THE MEMBER MUST BE A STUDENT APPOINTED UPON THE RECOMMENDATION OF THE PRESIDENT OF THE STUDENT BODY, THAT THE MEMBER MUST BE A QUALIFIED ELECTOR OF THE STATE, THAT THE TERM OF OFFICE IS ONE YEAR, AND TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN THIS OFFICE; TO AMEND SECTIONS 59-121-10, 59-121-20, AND 59-121-30, ALL AS AMENDED, RELATING TO THE COMPOSITION, TERMS, AND VACANCIES ON THE BOARD OF VISITORS OF THE CITADEL, THE MILITARY COLLEGE OF

H. 4824 (Word version) -- Reps. M. McLeod, J. H. Neal and Rutherford: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE JUVENILE JUSTICE CODE, SO AS TO REVISE THE DEFINITION OF CHILD TO INCLUDE PERSONS UNDER EIGHTEEN YEARS OF AGE IN THE CASE OF STATUS OFFENSES; TO AMEND SECTION 20-7-7205 RELATING TO PROCEDURES FOR TAKING JUVENILES INTO CUSTODY, SO AS TO APPLY THESE PROCEDURES TO JUVENILES BEING TAKEN INTO CUSTODY FOR STATUS OFFENSES; TO AMEND SECTION 20-7-7807 RELATING TO SUSPENSION AND REVOCATION OF A DRIVER'S LICENSE AS PART OF THE FAMILY COURT'S DISPOSITIONAL AUTHORITY IN ADJUDICATING JUVENILES, SO AS TO, IN THE CASE OF STATUS OFFENSES, APPLY THIS AUTHORITY TO JUVENILES UP TO AGE EIGHTEEN RATHER THAN AGE SEVENTEEN; TO AMEND SECTIONS 59-65-10 AND 59-65-30, BOTH AS AMENDED, AND RELATING TO COMPULSORY SCHOOL ATTENDANCE AND AN EXEMPTION FROM COMPULSORY ATTENDANCE, RESPECTIVELY, SO AS TO REQUIRE CHILDREN TO ATTEND SCHOOL UNTIL REACHING THE AGE OF EIGHTEEN RATHER THAN AGE SEVENTEEN.
Referred to Committee on Judiciary

H. 4825 (Word version) -- Reps. M. McLeod, Bailey, J. Brown, Emory, Keegan and J. M. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A GENERAL EDUCATION DEVELOPMENT CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS

H. 4826 (Word version) -- Rep. Vaughn: 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 INCLUDE EMPLOYEES AND RETIREES OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT.
Referred to Committee on Ways and Means

H. 4827 (Word version) -- Reps. Whatley and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-105 SO AS TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO ANNEX AN AREA BY

S. 1208 (Word version) -- Senators O'Dell, J. V. Smith, Land, Bryan, Patterson, Matthews, Waldrep, Anderson, Mescher, McConnell, Leventis, Peeler, Thomas, Drummond, Reese, Giese, Short, Branton, Hutto, Wilson, McGill, Elliott, Passailaigue, Ravenel, Martin, Richardson, Saleeby, Washington, Alexander, Moore, Setzler, Glover, Hayes, Bauer, Ryberg, Courson, Leatherman and Grooms: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH BY ADDING CHAPTER 130, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.
Referred to Committee on Ways and Means

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

H. 4828 (Word version) -- Reps. Fleming, Hayes and Wilder: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE UNION HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM AND COACHES, ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE 1999 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

That the privilege of the floor of the House of Representatives is granted to the Union High School Yellow Jackets football team and coaches, on a date and at a time as determined by the Speaker, for the purpose of being recognized and congratulated for winning the 1999 Class AAA state football championship.

Be it further resolved that a copy of this resolution be forwarded to the Union High School Yellow Jackets football team and Head Coach Mike Anthony.

The Resolution was adopted.

The following was introduced:

H. 4829 (Word version) -- Reps. Fleming, Hayes and Wilder: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON WINNING THE 1999 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

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

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

H. 4830 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE EAGLES OF SCOTT'S BRANCH HIGH SCHOOL OF CLARENDON COUNTY AND THE TEAM'S COACHES, ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999-2000 CLASS A BOYS BASKETBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

Be it further resolved that a copy of this resolution be forwarded to the Eagles basketball team and coaches.

The Resolution was adopted.

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

H. 4831 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY MONARCHS OF MANNING HIGH SCHOOL OF CLARENDON COUNTY AND THE TEAM'S COACHES, ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999-2000 CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be and hereby is granted to the Lady Monarchs of Manning High School of Clarendon County and the team's coaches, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for winning the 1999-2000 Class AAA girls basketball state championship.

Be it further resolved that a copy of this resolution be forwarded to the Lady Monarchs basketball team and coaches.

The Resolution was adopted.

The following was introduced:

H. 4832 (Word version) -- Reps. Knotts, Koon, Frye, Huggins, Gamble, Stuart and Riser: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND DEATH OF JOSEPH DREW SMITH, AND HIS LASTING CONTRIBUTION TO BOATING SAFETY IN THE STATE OF SOUTH CAROLINA, BY NAMING THE NEW LAKE MURRAY MARINE PATROL STATION ON BUNDRICK ISLAND IN LEXINGTON COUNTY IN HIS HONOR.

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
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.

McMahand               Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Perry                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Tuesday, March 28.

Robert Leach                 Ted Brown

Jerry Govan                 Anthony Harris

Rep. MEACHAM-RICHARDSON presented to the House the Rock Hill High School Band congratulating them on their fiftieth anniversary.

Announcement was made that Dr. R. Layton McCurdy of Charleston is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names

Bill Number:   H. 4797 (Word version)
Date:   ADD:
03/28/00   DAVENPORT

Bill Number:   H. 4013 (Word version)
Date:   ADD:
03/28/00   LIMEHOUSE

The following Bill was taken up:

H. 4816 (Word version) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: A BILL TO ESTABLISH ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY MUST RESIDE, PROVIDE THAT ALL SEVEN MEMBERS OF THE BOARD MUST BE ELECTED AT LARGE FROM THE DISTRICT, PROVIDE A SCHEDULE FOR ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES ELECTED, AND PROVIDE FOR FILING VACANCIES.

The question then recurred to the passage of the Bill on second reading.

Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:

Delleney               McCraw                 Meacham-Richardson
Simrill

Those who voted in the negative are:

Kirsh                  Moody-Lawrence

So, the Bill was read the second time and ordered to third reading.

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

H. 4817 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT TWO MEMBERS MUST BE ELECTED AT-LARGE FROM THE SCHOOL DISTRICT, PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES, AND A PROCEDURE FOR FILLING VACANCIES.

S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Rep. FLEMING explained the Bill.

H. 4766 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADOPTION OF PART IV OF THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS PRACTICAL EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2463, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4453 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

Rep. STUART explained the Bill.

H. 4770 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

The following Bill was taken up:

H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name \GJK\AMEND\21091SD00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION immediately after SECTION 1 to read:
/SECTION   ____.   Section 59-149-90 of the 1976 Code, as added by Act 418 of 1998, is amended to read:

"Section 59-149-90.   (A)   Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a

(B)   Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE Scholarship to seek another degree.

(C)   All students who earn a LIFE Scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education." /
Renumber sections to conform.
Amend totals and title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

H. 3300 (Word version) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS; BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY OWNERS OF CERTAIN VEHICLES USED TO TRANSPORT STUDENTS OF THE PROVISIONS CONTAINED IN THIS ACT; TO AMEND SECTION 56-5-190, RELATING TO SCHOOL BUSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22547CM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 56-5-195.   (A)   Effective July 1, 2000, any entity transporting preprimary, primary, or secondary school students to or from school, school-related activities, or child care, and utilizing a vehicle defined as a 'school bus' under 49 U.S.C. Section 30125, or any successor to this section, must transport these students in a vehicle meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations. Nothing in this section prohibits the transportation of children to or from child care in nonconforming vehicles by a State of South Carolina human service provider or public transportation authority as long as each child is accompanied by a parent or legal guardian whose transportation is in connection with his work, education, or training.

(B)   Notwithstanding subsection (A) of this section, any vehicle that is purchased before July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school-related activities, or child care is not subject to the requirements contained in subsection (A) of this section until July 1, 2006. A vehicle that is purchased on or after July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school related activities, or child care is subject to the requirements contained in subsection (A) of this section once the vehicle is utilized for those purposes.

(C)   Before July 1, 2006, nothing in this section may be construed to create a duty or other obligation to cease utilizing nonconforming vehicles purchased before the effective date of this Act.

(D)   To facilitate compliance with the provisions contained in this section, any entity contained in this section may purchase conforming

(E)   Nothing in the section prohibits the transportation of students by common carriers that are not exclusively engaged in the transportation of school students or by the entities subject to this section which own or operate these vehicles. However, the motor carriage used by the common carrier or entity to transport students must be designed to carry thirty or more passengers."
SECTION   2.   The 1976 Code is amended by adding:

"Section 56-5-196.   The parents or legal guardians of a student who is eligible to receive public school bus transportation must have the option of designating a child daycare center or other before or after school program as the student's origin or destination for school transportation."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. LOFTIS, CATO, R. SMITH, ROBINSON, SIMRILL, SHEHEEN, LAW, BALES and HAYES requested debate on the Bill.

The following Bill was taken up:

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

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9333HTC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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

'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

(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

(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 article, 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

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. 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

(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.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. KIRSH requested debate on the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 1055 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-25 SO AS TO ESTABLISH LAWFUL CATCH LIMITS FOR BASS AND OTHER FISH, TO ESTABLISH A MINIMUM SIZE LIMIT FOR BASS, AND TO RESTRICT THE USE OF FISHING DEVICES FOR SLADE'S LAKE IN EDGEFIELD COUNTY.

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

H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

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

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Wednesday, March 29, which was agreed to.

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

H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.

Rep. TOWNSEND 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:

Whereas, Andrew Johnson, the seventeenth President of the United States, operated a tailor shop in the City of Laurens in 1824 and 1825; and

Whereas, his connection to the City of Laurens is not currently memorialized; and

Whereas, the City of Laurens wishes to honor the late president, his residency in the City of Laurens, and his service to the people of the United States. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to designate Harper Street (Highway 221) situated within the city limits of Laurens, South Carolina, as the President Andrew Johnson Memorial Highway and to request the department to erect appropriate signs or markers reflecting this designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

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

The Senate returned to the House with concurrence the following:

H. 4768 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 16, 2000.

H. 4812 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FANNIE BOYD QUILLIAN REEVES OF BISHOPVILLE, WHO PASSED AWAY MARCH 19, 2000, AT THE AGE OF NINETY-SEVEN, AND EXTENDING DEEPEST SYMPATHY TO HER DAUGHTER AND SON, OTHER FAMILY MEMBERS, AND MANY FRIENDS.

At 1:15 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of George Chiles, to meet at 10:00 a.m. tomorrow.

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