South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 4425 . . . . . Tuesday, May 23, 2000

Tuesday, May 23, 2000
(Statewide Session)

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:

Eternal Father, from the noise of the world around, from the clamor of daily duties, from the call of many voices, we pause in these moments of prayer to show our gratitude of Your blessing and to ask Your continued help. Fit us for the tasks that we face. May we work this day so as to waste none of its hours, soil none of its moments, fail none of its duties. Bring us to evening time undefeated by temptation, at peace with ourselves, at peace with our fellowbeings and above all at peace with our God. The Lord bless and keep us always. Amen.

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

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 18, 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. 21:

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE


Printed Page 4426 . . . . . Tuesday, May 23, 2000

TRIED IN MAGISTRATE'S OR MUNICIPAL COURT.-AMENDED TITLE
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 18, 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. 1282:

S. 1282 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND ASSOCIATION RESPONSIBILITY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE AMOUNTS TRIGGERING CERTAIN AUTHORITY AND RESPONSIBILITIES OF THE BOARD FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIM AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN, ALL OF WHOM MUST BE APPOINTED BY THE GOVERNOR, TO MAKE REVISIONS IN THE COMPOSITION OF


Printed Page 4427 . . . . . Tuesday, May 23, 2000

THE BOARD, AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-79-430, AS AMENDED, RELATING TO CREATION OF THE BOARD OF GOVERNORS TO MANAGE AND OPERATE THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-79-450, RELATING TO FEES FOR MEMBERSHIP IN THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE MEMBERS TO PAY ANY DEFICIT OF THE FUND AND TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE FUND.-AMENDED TITLE
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 23, 2000
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. HARRISON the invitation was accepted.

R. 310, H. 3699--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

May 19, 2000
The Honorable David H. Wilkins
Speaker, South Carolina House of Representatives


Printed Page 4428 . . . . . Tuesday, May 23, 2000

The State House
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House:
I am returning with my vetoes, H.3699 (Word version), R.310, the Joint Resolution making Supplemental Appropriations of Surplus Fiscal Year 1998-1999 General Fund Revenues.
I am pleased that the General Assembly has addressed in this Joint Resolution significant needs such as emergency preparedness, disaster relief, Medicaid, homestead exemption, and a prescription drug program for seniors; however, to protect South Carolina's senior citizens there are two items that should not be enacted.
Veto #1. Section 1(B), that item relating to the Tobacco Settlement Fund for tax years after 2000, which reads: "For tax years after 2000, an amount sufficient to fund the exemption provided herein must be appropriated from the Tobacco Settlement Fund, before any reduction or withdrawals as may be provided by law, to the Trust Fund for Tax Relief and must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code." Because of my strong support for the increase in the homestead exemption, I am vetoing this provision. It unwisely attempts to shift a General Fund obligation to the Tobacco Settlement Fund. With this veto, the homestead exemption increase will rightfully remain a General Fund obligation. It is my commitment that the Tobacco Settlement Fund be earmarked to improve the health care of all South Carolinians and the economic vitality of our rural communities.
Veto #2. Section 5. Effective Date of the Resolution. I am vetoing this section because it delays implementation of the South Carolina Seniors' Prescription Drug Program until June 1, 2001, contrary to the intent of Section 4 of the Resolution, which provides for the program to begin January 1, 2001. Tens of thousands of our seniors desperately need our help in obtaining necessary prescription drugs. These seniors are having to choose between basic necessities - like food and rent - and essential prescription drugs. They cannot afford to wait until June 1, 2001 to receive help. By vetoing this section, this Joint Resolution


Printed Page 4429 . . . . . Tuesday, May 23, 2000

becomes law on the twentieth day after its approval, pursuant to Section 2-7-10 of the 1976 Code. Accordingly, I strongly urge the General Assembly to provide the necessary funding for this program.

Sincerely,
Governor Jim Hodges

REPORTS OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.


Printed Page 4430 . . . . . Tuesday, May 23, 2000

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5104 (Word version) -- Rep. Miller: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL GOLF TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS, ON WEDNESDAY, MAY 24, 2000, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THEIR LEAGUE'S 2000 STATE CHAMPIONSHIP IN GOLF.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Waccamaw High School Golf Team, coaches, staff, and school officials, on Wednesday, May 24, 2000, at a time to be determined by the Speaker, for the purpose of being recognized for winning their league's State Championship in golf.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5105 (Word version) -- Reps. Harrison, 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,


Printed Page 4431 . . . . . Tuesday, May 23, 2000

Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA "LADY GAMECOCKS" SOFTBALL TEAM ON WINNING THE SOUTHEASTERN CONFERENCE TOURNAMENT CHAMPIONSHIP FOR 2000, AND TO SALUTE THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.

Whereas, the 25th ranked University of South Carolina "Lady Gamecocks" softball team opened play at the 2000 Southeastern Conference Tournament in Columbus, Georgia, with a come from behind seventh inning 2-1 win against the Eastern Division Champion and second-seeded Wildcats of Kentucky; and

Whereas, behind the arm of All-American Megan Matthews, the "Lady Gamecocks" remained undefeated in Southeastern Conference Tournament play and let everyone know they had "come to win" when they rolled over the 11th ranked "Crimson Tide" of Alabama with an impressive 4-1 win; and

Whereas, taking the bitter with the sweet, the seventh-seeded "Lady Gamecocks" suffered its first setback of Conference play with a 3-1 loss to fourth-seeded Arkansas that broke a six-game Carolina winning streak; however, the "Lady Gamecocks" and the "Lady Backs" were to battle again the next day with the winner advancing to the Championship game to face either LSU or Alabama; and


Printed Page 4432 . . . . . Tuesday, May 23, 2000

Whereas, having defeated Florida 6-0 to win the inaugural Southeastern Conference Tournament in 1997, the seventh-seeded and 25th ranked "Lady Gamecocks" advanced to their second SEC Tournament finals with a 2-1 win over fourth-seeded Arkansas, thus advancing in tournament play to face undefeated and first-seeded LSU for the Championship; and

Whereas, in a glorious victory for the "Lady Gamecocks," South Carolina's seventh-seeded softball team (39-26) captured its second Southeastern Conference Tournament title in four years with a dramatic 1-0 win over top-seeded and 7th ranked LSU (56-11) in eight innings. In the bottom of the eighth, USC finally broke the scoreless tie. With two outs, Joyce McMillin reached on a fielder's choice. McCutcheon kept the "Lady Gamecocks" alive when she reached on an error by Stephanie Hastings. The next batter, Megan Donohoo, entered the game after an injury to Debralee Troesh. With two strikes against her, Donohoo lined a double down the right field line, scoring McCutcheon, giving USC the 1-0 win; and

Whereas, the University of South Carolina won the inaugural SEC Tournament in 1997, defeating Florida 6-0. The seventh-seeded "Lady Gamecocks" are the lowest seed to ever capture the title. Carolina also has the honor of being the first team to win the SEC title twice. With the win South Carolina earns the SEC's automatic bid to the NCAA Tournament; and

Whereas, Megan Matthews was named the SEC Tournament Most Valuable Player, and Megan Matthews, Joyce McMillin and Jodi Fittro were named to the SEC All-Tournament Team. Superbly coached by Head Coach Joyce Compton, and Assistant Coaches Holly Aprile and Beth Keylon, the members of the University of South Carolina's SEC Championship softball team are: Adrianna Baggetta, Heather Culver, Megan Donahoo, Kim Evans, Jodi Fittro, Adrienne Genovese, Sondra Hall, Megan Matthews, Kendra McCutcheon, Joyce McMillin, Kate Morrison, Danielle Quinones, Kim Schultz, Debralee Troesh, Jamie Williams, all of whom have exhibited the spirit of champions and become a source of pride to all South Carolinians; and

Whereas, as the "Lady Gamecocks" go forward to compete for the NCAA Championship, we are greatly pleased to have the opportunity


Printed Page 4433 . . . . . Tuesday, May 23, 2000

to recognize and honor this fantastic softball team and program in this special manner. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, congratulate the University of South Carolina "Lady Gamecocks" softball team on winning the Southeastern Conference Tournament Championship for 2000, and salute the team, coaches, and support personnel for all of their amazing success and accomplishments during the 2000 season.

Be it further resolved that a copy of this resolution be presented to the University of South Carolina "Lady Gamecocks" SEC Championship softball team.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 5106 (Word version) -- Reps. Harrison, D. Smith, Knotts, Altman, Campsen, Cotty, Delleney, Easterday, Fleming, Govan, Harris, Hawkins, Jennings, Klauber, Lucas, Maddox, McGee, W. McLeod, Scott, Seithel, Simrill, F. Smith, J. Smith, Taylor and Whipper: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF JULY 23-29, 2000, AS "SOUTH CAROLINA PROBATION AND PAROLE OFFICERS WEEK", TO RECOGNIZE THE MANY CONTRIBUTIONS MADE BY PROBATION AND PAROLE OFFICERS TO INSURE THE SAFETY OF THE CITIZENS OF THE STATE AND TO INCREASE THE PUBLIC'S AWARENESS THAT THE AGENTS AND OFFICERS OF THIS DEPARTMENT ARE AN INTEGRAL PART OF THE OVERALL CRIMINAL JUSTICE SYSTEM IN THE STATE.

Whereas, the South Carolina Department of Probation, Parole and Pardon Services is charged with the community supervision of offenders placed on probation by the court, the offenders paroled by the State Board of Paroles and Pardons, as well as the offenders on Youthful Offenders Release from the Department of Corrections; and


Printed Page 4434 . . . . . Tuesday, May 23, 2000

Whereas, of over thirty-six thousand offenders under the active supervision of the department, approximately thirty thousand seven hundred are on probation, three thousand two hundred are on parole, and two thousand five hundred are on Youthful Offender Act supervision; and

Whereas, the department has offices in each of the state's forty-six counties, and six hundred probation and parole officers located in these offices have direct or indirect caseload responsibilities over these offenders; and

Whereas, the officers supervise offenders in a variety of programs depending on the level of supervision and sanction required by the court. These programs include community control centers, restitution centers, home detention, electronic monitoring, intensive supervision, drug deterrence programs, and public service employment; and

Whereas, the officers also investigate cases, assemble information, and make sound recommendations for use by the court and the State Board of Paroles and Pardons to assist them in their decision making processes; and

Whereas, in addition to their criminal supervision duties, probation and parole officers have provided major assistance to local law enforcement authorities during the Hurricane Floyd emergency, Myrtle Beach Memorial Day Weekend, and various events held at the Statehouse; and

Whereas, for the multitude of tasks the officers perform, for the vast responsibility of supervising criminal offenders who are released into the communities, and for the excellent work and dedication to their profession shown by these officers, it is appropriate that the State commend them for their contributions. Now, therefore,

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

That the week of July 23-29, 2000, is declared "South Carolina Probation and Parole Officers Week", and that this is the appropriate time for the General Assembly to recognize the many contributions made by the probation and parole officers to insure the safety of the


Printed Page 4435 . . . . . Tuesday, May 23, 2000

state's citizens, and help increase the public's awareness that the agents and officers of this department are an integral part of the overall criminal justice system in the State.

Be it further resolved that a copy of this resolution be forwarded to the director of the South Carolina Department of Probation, Parole and Pardon Services.

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

HOUSE RESOLUTION

The following was introduced:

H. 5107 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO CONGRATULATE THE WACCAMAW HIGH SCHOOL "WARRIORS" GOLF TEAM FOR WINNING ITS SECOND STRAIGHT CLASS A STATE GOLF CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5108 (Word version) -- Reps. M. McLeod, G. Brown, Canty, J. H. Neal, Woodrum and Harvin: A HOUSE RESOLUTION TO COMMEND MRS. VIRGINIA K. RAY OF SUMTER, DIRECTOR OF THE CONSOLIDATED ADULT EDUCATION PROGRAMS FOR SUMTER COUNTY SCHOOL DISTRICTS TWO AND SEVENTEEN, FOR HER MORE THAN FORTY-ONE YEARS OF DISTINGUISHED SERVICE AS A NATIONALLY KNOWN EDUCATOR, THIRTY-FOUR YEARS OF WHICH HAVE BEEN IN SOUTH CAROLINA, UPON THE OCCASION OF HER RETIREMENT.

The Resolution was adopted.


Printed Page 4436 . . . . . Tuesday, May 23, 2000

CONCURRENT RESOLUTION

The following was introduced:

H. 5109 (Word version) -- Reps. J. Smith and Miller: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.

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

INTRODUCTION OF BILLS

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

H. 5110 (Word version) -- Reps. Rodgers, Gilham and Lloyd: A BILL TO AMEND ACT 583 OF 1994, RELATING TO THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL DESIGNATE THE CHAIRMAN AND THE VICE-CHAIRMAN OF THE BOARD, AND TO PROVIDE FOR THE VICE-CHAIRMAN TO PRESIDE IN THE ABSENCE OF THE CHAIRMAN AND ASSUME THE CHAIRMANSHIP WHEN THE POSITION BECOMES VACANT.
On motion of Rep. RODGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5112 (Word version) -- Rep. Rodgers: A BILL TO AUTHORIZE THE BEAUFORT COUNTY TRANSPORTATION COMMITTEE TO EXPEND ONE THOUSAND FIVE HUNDRED DOLLARS FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE, TO PROVIDE FOR A LIMIT ON THE NUMBER OF TERMS A MEMBER MAY BE APPOINTED, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY REPLACE A MEMBER WHO


Printed Page 4437 . . . . . Tuesday, May 23, 2000

RESIGNS OR DOES NOT ATTEND A CERTAIN NUMBER OF MEETINGS IN A FISCAL YEAR.
On motion of Rep. RODGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 791 (Word version) -- Senators Gregory and Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 5111 (Word version) -- Reps. M. McLeod and Harvin: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE WILSON HALL "BARONS" VARSITY BASEBALL TEAM FOR AN OUTSTANDING SEASON AND ON CAPTURING THE 2000 SCISAA 3A STATE BASEBALL CHAMPIONSHIP.

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

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell

Printed Page 4438 . . . . . Tuesday, May 23, 2000

Harvin                 Hawkins                Hayes
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Law                    Leach
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McGee
McKay                  McLeod, W.             McMahand
Meacham-Richardson     Miller                 Neal, J.H.
Neal, J.M.             Neilson                Parks
Perry                  Phillips               Pinckney
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 23.

Timothy Wilkes                    James Harrison
Harry Ott                         Fletcher Smith
Jerry Govan                       Teddy Trotter
Becky Martin                      Jackson Whipper
Richard Quinn                     Bill Cotty
H.B. "Chip" Limehouse             Bessie Moody-Lawrence
Steve Lanford                     E.B. "Mac" McLeod
Todd Rutherford                   Anthony Harris
Brenda Lee                        Terry Haskins
Larry Koon                        Ralph Canty
Jesse Hines                       Lynn Seithel

Total Present--120


Printed Page 4439 . . . . . Tuesday, May 23, 2000

LEAVE OF ABSENCE

The SPEAKER granted Rep. WEBB a leave of absence for the week due to family commitments.

DOCTOR OF THE DAY

Announcement was made that Dr. Richard A. Schmitt of Myrtle Beach is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HARRELL presented to the House the University of South Carolina Gamecock Baseball Team, the 2000 Southeastern Conference Champions, their coaches and other school officials.

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 4954 (Word version)
Date:   ADD:
05/23/00   W. MCLEOD


Printed Page 4440 . . . . . Tuesday, May 23, 2000

H. 5025--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, May 24, which was adopted:

H. 5025 (Word version) -- Reps. Davenport and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.

S. 320--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.

Rep. LAW proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\AMEND\5221DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 13, Title 50 of the 1976 Code is amended by adding:

"Section 50-13-385.   It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and in Lake Wylie located in York County in Game Zone 4. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."


Printed Page 4441 . . . . . Tuesday, May 23, 2000

SECTION 2.   This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. LAW explained the amendment.
Rep. WITHERSPOON spoke in favor of the amendment.
The amendment was then adopted.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5172DJC00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 50-13-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-380.   It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Robinson which is located in Chesterfield and Darlington counties in Game Zones 5 and 8, and in Lake Wylie located in York County in Game Zone 4. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION 2.   This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WITHERSPOON moved to table the amendment, which was agreed to.

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

S. 986--REQUESTS FOR DEBATE AND OBJECTIONS

The following Bill was taken up:

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-


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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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22665CM00):
Amend the bill, as and if amended, Section 56-1-130(C), as contained in SECTION 2, page 5, by inserting after line 12:
/ A person operating a four-wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver's license, a valid South Carolina driver's license with a motorcycle classification, or


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proof that the operator has successfully completed an operator's test approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver's license or proof of successful completion of the training course must be carried by the operator at all times the four-wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State. /
When amended Section 56-1-130(C) shall read:

"(C)   A basic driver's license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A person operating a four-wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver's license, a valid South Carolina driver's license with a motorcycle classification, or proof that the operator has successfully completed an operator's test approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver's license or proof of successful completion of the training course must be carried by the operator at all times the four-wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three-wheel vehicle, two-axle truck, three or


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more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license.

(D)   The department shall include a noncommercial endorsement to the motorcycle classification license to indicate the type of motorcycle to be operated. The 'M' classification is for motorcycle operation only. The 'D' endorsement to the 'M' classification is for motorcycle three-wheel vehicle and motorcycle with detachable side car. The 'C' endorsement to the 'M' classification is for motorcycle, motorcycle three-wheel vehicle, and motorcycle with detachable side car."
Amend the bill further, Section 56-3-120(5) and (6), as contained in SECTION 4, page 9, by striking / .; / on line 23 and inserting / . /, and by striking lines 24 through 33. When amended Section 56-3-120 shall read:

"Section 56-3-120.   The following vehicles are exempt from registration and licensing under this chapter:

(1)   a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized;

(2)   any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway;

(3)   a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and

(4)   a vehicle owned and operated by the government of the United States.;

(5)   a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860."
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION   _____.   The Department of Public Safety is authorized to retain and expend the motor carrier registration fees collected pursuant to Section 58-23-640 for fiscal year 1999-2000." /
Renumber sections to conform.
Amend title to conform.


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Rep. STUART explained the amendment.

Reps. SIMRILL, EASTERDAY, LOFTIS, CATO, SHARPE, DELLENEY, BATTLE, MCKAY, BARRETT, OTT, GOURDINE, MCGEE, HOSEY, CLYBURN, KNOTTS and CHELLIS requested debate on the Bill.

Reps. CAMPSEN, RICE and LAW objected to the Bill.

ORDERED TO THIRD READING

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

H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.

S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE


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CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

Rep. CAMPSEN explained the Bill.

S. 470--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18347SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Section 16-17-470 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(A)   It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term 'Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. the term 'Peeping Tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.

(B)   A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, videotapes, or films another person, without that person's knowledge and consent, while the person is in a


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place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:

(1)     for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or

(2)     for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.

(C)   A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any recording, videotape, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, or more than five thousand dollars or imprisoned not more than ten years, or both.

(D)   As used in this section:

(1)   'Place where a person would have a reasonable expectation of privacy' means:

(a)   a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or

(b)   a place where one would reasonably expect to be safe from hostile intrusion or surveillance.

(2)   'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.

(3)   'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.

(E)   The provisions of subsection (A) do not apply to:

(1)     viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;


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(2)     security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments;

(3)     any official law enforcement activities conducted pursuant to Section 16-17-480;

(4)     private detectives and investigators conducting surveillance in the ordinary course of business; or

(5)     any bona fide news gathering activities.

(F)   In addition to any other punishment prescribed by this section or other provision of law, a person procuring video or audio recordings in violation of this section shall immediately forfeit all copies of the recordings. These copies must be destroyed when no longer required for evidentiary purposes."
SECTION   2.   Section 23-3-430(C)(12) of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"(12)   peeping, voyeurism, or aggravated voyeurism (Section 16-17-470);"
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend title to conform.
renumber sections

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

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

S. 935--DEBATE ADJOURNED

Rep. KNOTTS moved to adjourn debate upon the following Bill until Wednesday, May 24, which was adopted:

S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.


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S. 1062--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.

Rep. M. HINES explained the Bill.

Reps. ROBINSON, RICE, PERRY, LOFTIS and EASTERDAY requested debate on the Bill.

S. 958--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO


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AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12124AC00), which was adopted:
Amend the bill, as and if amended, by deleting Section 8 on page 5, lines 20 through 31 and inserting:
/SECTION   8.   Section 40-43-83(I) of the 1976 Code, as added by Act 366 of 1998, is amended to read:

"(I) A permit is required for the sale, distribution, possession, or dispensing of drugs bearing the legend "'Caution: Federal law prohibits dispensing without a prescription"', including, but not limited to, pharmacies (institutional or community, public or private), nursing homes, hospitals, convalescent homes, extended care facilities, family planning clinics, public or private health clinics, infirmaries, wholesalers, correctional institutions, industrial health clinics, mail order vendors, and manufacturers within or outside this State."/
Amend the bill further, by deleting Section 40-43-86(X)(2) on page 6, lines 33 through 40 and inserting:
/   (2)   Physicians who are in charge of or who directly supervise the operation of college and university athletics department training rooms may dispense in the training room prescription drugs owned by the facility in order to meet the needs of the student-athletes participating


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in athletic department activities or programs. College and university athletic departments are exempt from Section 40-43-83, as it relates to the Board of Pharmacy and the requirement that each pharmacy must have a pharmacist-in-charge. Records of drugs dispensed must be maintained and properly accounted for by the athletic department physician. A valid physician-patient relationship must exist between the athletics department physician and the student-athlete before dispensing prescription drugs in the athletics department training room. Drugs dispensed by the athletic department physician must be properly labeled in accordance with federal and state law."
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. PARKS proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\12157AC00), which was adopted:
Amend the bill, as and if amended, Section 40-43-60(D)(9) page 2, line 19 after /section/ by inserting /and as otherwise provided for in this chapter and except as to those entities and persons authorized to obtain and possess drugs pursuant to Section 47-3-420(A)(1)(i)/
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 4953--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4953 (Word version) -- Reps. Lourie, Allen, Allison, Bailey, Breeland, J. Brown, Clyburn, Davenport, Edge, Emory, Gamble, Gourdine, Govan, Hayes, Hosey, Inabinett, Jennings, Kirsh, Lee, Lloyd, Mack, Maddox, Martin, McGee, McKay, McMahand, Miller, Moody-Lawrence, J. M. Neal, Scott, Simrill, J. Smith, Stuart, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-40 SO AS TO ENACT THE


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"UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND PROVIDING EDUCATIONAL INFORMATION ON THE IMPORTANCE OF THESE SCREENINGS; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH REPORTING PROCEDURES FOR THESE SCREENINGS WHICH MUST BE FOLLOWED BY HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE EFFECTIVENESS OF THESE SCREENINGS AND INTERVENTIONS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; AND TO PROHIBIT PERFORMING A SCREENING IF A PARENT DISSENTS BASED ON RELIGIOUS BELIEFS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12122AC00):
Amend the bill, as and if amended, Section 44-37-40(C)(1) page 4, line 18 by deleting /January 1, 2002/ and inserting /June 30, 2001/ so when amended Section 44-37-40(C)(1) reads:
/(C)(1)   Beginning no later than June 30, 2001, newborn hearing screening must be conducted on all newborns born in hospitals in this State during birth admission, using procedures recommended or approved by the department. However, when a newborn is delivered in a hospital with an average of less than one hundred deliveries a year, the parents must be instructed on the merits of having the hearing screening performed and must be given information to assist them in having the screening performed within one month of the child's birth date. /
Amend the bill further, Section 44-37-40(C)(2) page 4, line 27 by deleting /July 1, 2001/ and inserting /April 1, 2001/ so when amended Section 44-37-40(C)(2) reads:
/   (2)   Beginning no later than April 1, 2001, every hospital in this State shall provide educational information for the parents of newborns born in that hospital concerning the importance of hearing screening.


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Education may not be considered a substitute for the hearing screening./
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOURIE explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. LOURIE having the floor.

MOTION ADOPTED

Rep. HARRISON moved that upon the completion of the Ratification of Acts, the House recede until 2:30 p.m., which was agreed to.

RATIFICATION OF ACTS

At 1:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R325, S. 21 (Word version)) -- Senators Leventis, Branton, McConnell, Rankin and Reese: AN ACT TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MAGISTRATE'S OR MUNICIPAL COURT.

(R326, S. 767 (Word version)) -- Senators McConnell and Ford: AN ACT TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29 BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.

(R327, S. 952 (Word version)) -- Senator Rankin: AN ACT TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976,


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RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL AND TO REQUIRE CERTAIN TOPICS TO BE COVERED BY THE CONTINUING EDUCATION.

(R328, S. 962 (Word version)) -- Senators Moore, J. V. Smith and Alexander: AN ACT TO AMEND TITLE 40, CHAPTER 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

(R329, S. 985 (Word version)) -- Senators Waldrep and Hayes: AN ACT TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO VOLUNTEERS AT A FREE MEDICAL CLINIC UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMACIST OR WHO HANDLES LEGEND DRUGS IN SUCH A CLINIC STAFFED BY A PHARMACIST, MAY REGISTER AS A PHARMACY TECHNICIAN WITHOUT PAYING A REGISTRATION FEE OR FILING WITH THE BOARD IF A REGISTER IS MAINTAINED AT THE CLINIC AND THESE RECORDS ARE MAINTAINED FOR THREE YEARS; AND TO LIMIT THIS REGISTRATION TO FREE MEDICAL CLINICS.

(R330, S. 1262 (Word version)) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: AN ACT TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO


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REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED, RELATING TO PRIORITY FOR THE DISTRIBUTION OF CLAIMS, SO AS TO REVISE THE PRIORITY AND TO INCLUDE CLAIMS OF THE FEDERAL GOVERNMENT, NOT OTHERWISE INCLUDED, AND TO INCLUDE CLAIMS OF GENERAL CREDITORS AND CERTAIN CLAIMS AGAINST AN INSURER FOR LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE; TO AMEND SECTION 38-33-90, AS AMENDED, RELATING TO REQUIRED REPORTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REVISE CERTAIN REPORTING REQUIREMENTS, TO REQUIRE ANNUAL FILING OF THE ANNUAL STATEMENT CONVENTION BLANK WITH A NATIONAL INSURANCE ASSOCIATION, AND TO PROVIDE IMMUNITY FROM LIABILITY TO THIS ASSOCIATION FOR COLLECTING, ANALYZING, AND DISSEMINATING THIS ANNUAL INFORMATION; TO AMEND SECTION 38-33-100, RELATING TO FINANCIAL REQUIREMENTS FOR ISSUANCE OF A HEALTH MAINTENANCE ORGANIZATION CERTIFICATE OF AUTHORITY, SO AS TO REVISE THE NET WORTH REQUIREMENT AND TO INCLUDE CERTAIN CAPITAL AND SURPLUS REQUIREMENTS; TO AMEND SECTIONS 38-45-20 AND 38-45-30, BOTH AS AMENDED, RELATING TO REQUIREMENTS FOR A RESIDENT AND NONRESIDENT,

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RESPECTIVELY, TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO ELIMINATE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND CERTIFICATION BY BROKERS AS THEY RELATE TO BROKER'S TAXES; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO PROCEDURES FOR PLACING INSURANCE WITH SURPLUS LINES INSURERS, SO AS TO DELETE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND PENALTIES AND PROCEDURES RELATING TO DISAPPROVAL; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF ALL INSURANCE POLICIES ISSUED OR SOLD IN THE STATE AND EXEMPTIONS FROM APPROVAL, SO AS TO REQUIRE AN OFFICER OF THE INSURER, RATHER THAN THE CHIEF EXECUTIVE OFFICER, TO CERTIFY INFORMATION WHEN POLICIES ARE EXEMPT FROM THE APPROVAL PROCESS; TO ADD SECTIONS 38-63-660, 38-65-360, 38-69-330, AND 38-71-1760 ALL SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATING TO INDIVIDUAL LIFE INSURANCE, GROUP LIFE INSURANCE, INDIVIDUAL ANNUITIES, AND ACCIDENT AND HEALTH INSURANCE, RESPECTIVELY; TO AMEND SECTION 38-73-495, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DISAPPROVE PREVIOUSLY APPROVED RATES FOR WORKERS' COMPENSATION INSURANCE CLASSIFICATIONS AND REVISIONS OF THESE CLASSIFICATIONS, SO AS TO REQUIRE APPEALS OF THESE MATTERS TO THE DEPARTMENT WITHIN ONE YEAR OF THE POLICY EXPIRATION OR CANCELLATION DATE; TO AMEND SECTIONS 38-73-1370 AND 38-73-1380, BOTH AS AMENDED, RELATING TO PROCEDURES FOR RATING ORGANIZATIONS TO FILE RATES AND PREMIUMS AND FOR APPROVAL OF FINAL RATE OR PREMIUM CHARGES, RESPECTIVELY, SO AS TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING IN CONNECTION WITH THESE MATTERS; TO AMEND SECTION 38-75-470, RELATING TO AN ADVISORY COMMITTEE TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCLUDE AS COMMITTEE MEMBERS REPRESENTATIVES OF THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION AND THE STATE FLOOD MITIGATION PROGRAM

Printed Page 4457 . . . . . Tuesday, May 23, 2000

AND TO INCREASE THE DIRECTOR'S AND GOVERNOR'S APPOINTEES BY ONE; TO AMEND SECTION 38-75-480, RELATING TO A LOSS MITIGATION GRANT PROGRAM, SO AS TO AUTHORIZE PROVIDING TECHNICAL ASSISTANCE AND INFORMATION RESOURCES TO LOCAL GOVERNMENTS IN CONNECTION WITH DEVELOPING NATURAL HAZARD MITIGATION STRATEGIES; TO AMEND SECTION 38-77-125, RELATING TO INSURANCE COMPANY INFORMATION REQUIRED TO BE INCLUDED ON AUTOMOBILE INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT RESIDENT INSURANCE ADJUSTER INFORMATION MUST ALSO BE INCLUDED; AND TO REPEAL SECTION 38-47-80 RELATING TO REQUIRING A PROPERTY OR CASUALTY INSURANCE COMPANY TO MAINTAIN A RESIDENT ADJUSTER IN THE STATE.

(R331, S. 1266 (Word version)) -- Senator Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10 SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME OF THE STATE HOUSE MUST BE PLACED AND


Printed Page 4458 . . . . . Tuesday, May 23, 2000

PERMANENTLY DISPLAYED IN A SUITABLE LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31, 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR FENCE LOCATED ON THE CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A SEVERABILITY CLAUSE.

(R332, S. 1282 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND ASSOCIATION RESPONSIBILITY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE AMOUNTS TRIGGERING CERTAIN AUTHORITY AND RESPONSIBILITIES OF THE BOARD FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIM AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN, ALL OF WHOM MUST BE APPOINTED BY THE GOVERNOR, TO MAKE REVISIONS IN THE COMPOSITION OF THE BOARD, AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO


Printed Page 4459 . . . . . Tuesday, May 23, 2000

AMEND SECTION 38-79-430, AS AMENDED, RELATING TO CREATION OF THE BOARD OF GOVERNORS TO MANAGE AND OPERATE THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-79-450, RELATING TO FEES FOR MEMBERSHIP IN THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE MEMBERS TO PAY ANY DEFICIT OF THE FUND AND TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE FUND.

(R333, S. 1297 (Word version)) -- Senators Short, Peeler, J. V. Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: AN ACT TO AMEND SECTIONS 40-15-80, AS AMENDED, AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.

(R334, S. 1329 (Word version)) -- Senators Peeler and Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.

(R335, S. 1369 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000, BY STUDENTS OF J. N. KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT 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.


Printed Page 4460 . . . . . Tuesday, May 23, 2000

(R336, S. 1371 (Word version)) -- Senator Passailaigue: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

(R337, H. 3029 (Word version)) -- Rep. Mason: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR A KNOWING VIOLATION OF THE PROVISIONS.

(R338, H. 3300 (Word version)) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT ANY ENTITY TRANSPORTING PREPRIMARY, PRIMARY, OR SECONDARY SCHOOL STUDENTS TO OR FROM CERTAIN LOCATIONS, AND UTILIZING A SCHOOL BUS, MUST TRANSPORT THESE STUDENTS IN VEHICLES THAT MEET CERTAIN SCHOOL BUS SAFETY STANDARDS BY A CERTAIN DATE, TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT THE TRANSPORTATION OF CHILDREN TO OR FROM A CHILD CARE FACILITY IN NONCONFORMING VEHICLES BY A STATE 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, TO PROVIDE THAT ANY ENTITY CONTAINED IN THIS PROVISION MAY PURCHASE VEHICLES THAT CONFORM TO THIS PROVISION UNDER CERTAIN


Printed Page 4461 . . . . . Tuesday, May 23, 2000

STATE CONTRACTS TO FACILITATE COMPLIANCE WITH THESE PROVISIONS, AND TO PROVIDE THAT THIS PROVISION PROHIBITS THE TRANSPORTATION OF STUDENTS BY CERTAIN COMMON CARRIERS OR OTHER ENTITIES AS LONG AS THE MOTOR CARRIAGE USED BY THE COMMON CARRIER OR ENTITY IS DESIGNED TO CARRY THIRTY OR MORE PASSENGERS; AND BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT 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.

(R339, H. 3831 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT NOTWITHSTANDING A COUNTY OR MUNICIPAL ZONING PLAN, ORDINANCE, OR RESOLUTION, OUTDOOR ADVERTISING SIGNS CONFORMING TO THE STATE HIGHWAY ADVERTISING CONTROL ACT AND AFFECTED BY STATE HIGHWAY PROJECTS MAY BE RELOCATED PURSUANT TO SPECIFIED FEDERAL PROVISIONS OF LAW TO A POSITION WHICH IS PERPENDICULAR TO THE RIGHT OF WAY OF THE ORIGINAL SIGN SITE, OR MAY BE ALTERED SO THAT NO PORTION OF THE SIGN OVERHANGS THE RIGHT OF WAY.

(R340, H. 4378 (Word version)) -- Reps. Bailey and Littlejohn: AN ACT TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO


Printed Page 4462 . . . . . Tuesday, May 23, 2000

MEMBER; TO ABOLISH THE BOARD FOR BARRIER-FREE DESIGN JUNE 30, 2002, AND DEVOLVE ALL FUNCTIONS, POWERS, AND DUTIES UPON THE ACCESSIBILITY COMMITTEE FOR THE SOUTH CAROLINA BUILDING CODES COUNCIL AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

(R341, H. 4512 (Word version)) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO MODIFY THE LIMITATION ON THE AMOUNT OF PLANT IMPROVEMENT BONDS WHICH MAY BE ISSUED.

(R342, H. 5026 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R343, H. 5027 (Word version)) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD FROM HIGHWAY 321 UNTIL THE INTERSECTION WITH PINE RIDGE DRIVE IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.


Printed Page 4463 . . . . . Tuesday, May 23, 2000

ACTING SPEAKER MEACHAM-RICHARDSON IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

RECURRENCE TO THE MORNING HOUR

Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 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. 1039:

S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE


Printed Page 4464 . . . . . Tuesday, May 23, 2000

DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

H. 4776--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 23, 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. 4776:

H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRELL, KELLEY and QUINN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators BRYAN, ANDERSON and SHORT of the Committee of Conference on the part of the Senate on H. 4743:


Printed Page 4465 . . . . . Tuesday, May 23, 2000

H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 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. 80:

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE


Printed Page 4466 . . . . . Tuesday, May 23, 2000

THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5098 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME COMET STREET IN MURRELL'S INLET IN GEORGETOWN COUNTY AS HEWITT STREET IN HONOR OF WILLIAM L. HEWITT.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5113 (Word version) -- Reps. Lucas and Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AARON ARD OF DARLINGTON ON RECEIVING HIS DOCTORATE IN STATISTICS FROM CORNELL UNIVERSITY, ITHACA, NEW YORK, AND TO COMMEND HIM FOR ACHIEVING THIS ACADEMIC PINNACLE THROUGH PERSEVERANCE AND HARD WORK DESPITE FACING ADVERSE SITUATIONS


Printed Page 4467 . . . . . Tuesday, May 23, 2000

WHICH MIGHT HAVE DAUNTED A LESS DETERMINED PERSON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1397 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MRS. ELSIE BENNETT WILSON FOR HER THIRTY-SEVEN YEARS OF LOYAL AND DISTINGUISHED SERVICE TO CLEMSON UNIVERSITY ON THE OCCASION OF HER RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1398 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO HONOR THE TOWN OF WALHALLA IN OCONEE COUNTY ON THE OCCASION OF THE SESQUICENTENNIAL ANNIVERSARY OF ITS FOUNDING AND TO REQUEST THE HEIRS OF GENERAL JOHN ANDREAS WAGENER, THE TOWN'S FOUNDER, TO ALLOW HIS REMAINS TO BE MOVED TO A PLACE OF HONOR IN THE TOWN OF WALHALLA, WHERE HE DIED AND WAS ORIGINALLY BURIED IN 1876.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1399 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MR. GARY LEE TURNER OF THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR HIS EXEMPLARY CAREER IN PUBLIC SERVICE, TO EXPRESS THE MEMBERS' PROFOUND RESPECT AND ADMIRATION FOR HIS


Printed Page 4468 . . . . . Tuesday, May 23, 2000

INTEGRITY, HONESTY, AND DEVOTION TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THEIR FEELING THAT HE WILL BE SORELY MISSED BY THE GENERAL ASSEMBLY FOLLOWING HIS RETIREMENT AT THE END OF THE 2000 LEGISLATIVE SESSION, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

The following was introduced:

H. 5114 (Word version) -- Reps. Wilkins, Haskins, 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, 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, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE WILLIE B. MCMAHAND, SR., OF GREENVILLE COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS EIGHT YEARS OF DEVOTED PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Willie B. McMahand, Sr., of Greenville County, has, with exemplary devotion to duty, represented the citizens of District Number 25 in the House of Representatives for the past eight years; and


Printed Page 4469 . . . . . Tuesday, May 23, 2000

Whereas, Representative McMahand is retiring from service in the House this year; and

Whereas, he has rendered outstanding service as a member of the Education and Public Works Committee of the House of Representatives; and

Whereas, he is the esteemed pastor of Flat Rock Baptist Church of Greenville County and has served as pastor of several other churches in the upper piedmont section of South Carolina for the past many years; he has received the "David Livingston Missionary Award," the Cooperative Minister's Award, and the A.T. Eaddy Award from Morris College and has been named to Who's Who in the South and Southwest by the Marquis Publication Board for 1991-92; he was chosen "1998 Legislator of the Year" by the South Carolina School Board Association and received the Order of the Palmetto from Governor Hodges; and

Whereas, he is service-oriented and has been devoted to his duties as a member of the General Assembly; he has guided his colleagues through many difficult and complicated issues during his eight years of service in the House, and he has been our true friend. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank The Honorable Willie B. McMahand, Sr., of Greenville County, our friend and distinguished colleague, for his eight years of devoted public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative McMahand.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5115 (Word version) -- Reps. Wilkins, Haskins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown,


Printed Page 4470 . . . . . Tuesday, May 23, 2000

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, 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, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE WOODROW M. (WOODY) MCKAY OF FLORENCE COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS TWENTY-ONE YEARS OF SUPERB PUBLIC SERVICE TO THE PEOPLE OF SOUTH CAROLINA AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, for the past twenty-one years, The Honorable Woodrow M. (Woody) McKay of Florence County has, with utmost devotion to duty, represented the citizens of District Number 60 as a member of the House of Representatives; and

Whereas, Representative McKay is retiring from service as a House member this year; and

Whereas, he has provided his colleagues in the House with diligence and leadership as First Vice Chairman of the Interstate Cooperation Committee and as Second Vice Chairman of the Ways and Means Committee; and

Whereas, he is Chairman of the Board of Darlington International Raceway; he has served on the Florence City-County Airport Commission, on the Advisory Board of Florence-Darlington Technical College, and on the Governor's Council on Physical Fitness; and


Printed Page 4471 . . . . . Tuesday, May 23, 2000

Whereas, he has for many years given most generously of his time, talents, and energy toward serving the public interest in numerous capacities; he has been an outstanding member of the General Assembly, and we will miss him greatly in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank The Honorable Woodrow M. (Woody) McKay of Florence County, our friend and esteemed colleague, for his twenty-one years of superb public service to the people of South Carolina as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative McKay.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5116 (Word version) -- Reps. Wilkins, Haskins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION RECOGNIZING


Printed Page 4472 . . . . . Tuesday, May 23, 2000

AND EXPRESSING APPRECIATION TO THE HONORABLE TIMOTHY C. (TIM) WILKES OF FAIRFIELD COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS TWELVE YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, for the past twelve years, The Honorable Timothy C. (Tim) Wilkes of Fairfield County has, with great distinction, represented the citizens of District Number 41 in the House of Representatives; and

Whereas, Representative Wilkes is retiring this year as a member of the House; and

Whereas, he has served with great devotion to duty as a member of the Agriculture, Natural Resources and Environmental Affairs Committee of the House of Representatives and served as Chairman of the Environmental Affairs Subcommittee; and

Whereas, he is a highly respected and admired certified public accountant, real estate developer, and auctioneer; he is a charter member of the Fairfield Sertoma Club; he served as Chairman of the Board of the Winnsboro Downtown Development Association (1986); he was a charter member and served as Chairman of the Fairfield Area Citizens Task Force; he is a founding member of the College Advisory Board for the University of South Carolina College of Liberal Arts; and he has been a legislative member of the Central Midlands Regional Planning Council; and

Whereas, he has been an outstanding legislator who has rendered excellent and genuine devotion to duty as a House member; he is our good friend, and we will miss his presence in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and express deepest appreciation to The Honorable Timothy C. (Tim) Wilkes of Fairfield County, our friend and esteemed colleague, for his twelve years of outstanding service as a member of the House of Representatives.


Printed Page 4473 . . . . . Tuesday, May 23, 2000

Be it further resolved that a copy of this resolution be presented to Representative Wilkes.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5117 (Word version) -- Reps. Wilkins, Haskins, 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, Harrison, Harvin, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION THANKING THE HONORABLE C. ANTHONY HARRIS, JR., OF CHESTERFIELD COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS THREE YEARS OF DEVOTED SERVICE TO THE PEOPLE OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable C. Anthony Harris, Jr., of Chesterfield County, has represented the citizens of District Number 53 in the House of Representatives since 1997; and

Whereas, Representative Harris is retiring from service as a House member this year; and

Whereas, both of his parents served in the General Assembly before him; he is public-minded and service-oriented, an outstanding practicing attorney in the Palmetto State, was Phi Beta Kappa at the


Printed Page 4474 . . . . . Tuesday, May 23, 2000

University of South Carolina, and is a member of First United Methodist Church of Cheraw and of the Cheraw Rotary Club; and

Whereas, he served with distinction as a member of the Judiciary Committee during his tenure as a House member; and

Whereas, he brought vision, leadership, and devotion to duty to the General Assembly, and we will miss him in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, thank The Honorable C. Anthony Harris, Jr., of Chesterfield County, our friend and distinguished colleague, for his three years of devoted service to the people of South Carolina in the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Harris.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5118 (Word version) -- Reps. Wilkins, Haskins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor,


Printed Page 4475 . . . . . Tuesday, May 23, 2000

Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION SALUTING AND COMMENDING THE HONORABLE CURTIS B. INABINETT OF CHARLESTON COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS NINE YEARS OF DEDICATED, EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Curtis B. Inabinett of Charleston County has ably represented the citizens of District Number 116 in the House of Representatives since 1991; and

Whereas, Representative Inabinett is retiring from the House of Representatives this year; and

Whereas, while serving as a House member, Representative Inabinett was a member of the Education and Public Works Committee and was Secretary of the Interstate Cooperation Committee; and

Whereas, he is the former Mayor of the Town of Ravenel (1982 to 1990) and is a former school principal and teacher; and

Whereas, while serving in the General Assembly during the past nine years, he provided his colleagues with insight into complicated state issues, leadership, and genuine friendship, and he will be greatly missed in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, salute and commend The Honorable Curtis B. Inabinett of Charleston County, our friend and esteemed colleague, for his nine years of dedicated, excellent public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Inabinett.

The Resolution was adopted.


Printed Page 4476 . . . . . Tuesday, May 23, 2000

HOUSE RESOLUTION

The following was introduced:

H. 5119 (Word version) -- Reps. Wilkins, Haskins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE CLEMENTA C. PINCKNEY OF JASPER COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS FOUR YEARS OF DEVOTED PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Clementa C. Pinckney of Jasper County has, with distinction, represented the citizens of District Number 122 in the House of Representatives for the past four years; and

Whereas, Representative Pinckney is retiring as a House member this year; and

Whereas, as a House member, Representative Pinckney served as Third Vice Chairman of the Medical, Military, Public and Municipal Affairs Committee; and

Whereas, he is the beloved pastor of Mt. Horr AME Church in Yonges Island; he is a graduate of Allen University, where he received his Bachelor of Arts degree in 1995; he was a Princeton University Research Fellow during Summer 1994; he received his Master's of


Printed Page 4477 . . . . . Tuesday, May 23, 2000

Public Administration degree from the University of South Carolina in 1999; and he has been a graduate student at the Lutheran Southern Seminary in Columbia; and

Whereas, as a member of the General Assembly, he has brought understanding, vision, and leadership to the execution of his legislative duties; he has been our good friend, and we will miss him in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, express appreciation to the Honorable Clementa C. Pinckney of Jasper County, our friend and distinguished colleague, for his four years of devoted public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Pinckney.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5120 (Word version) -- Reps. Wilkins, Haskins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper,


Printed Page 4478 . . . . . Tuesday, May 23, 2000

Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE THEODORE A. (TED) BROWN OF GEORGETOWN COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS SIX YEARS OF DEDICATED PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Theodore A. (Ted) Brown of Georgetown County has ably represented the citizens of District Number 103 in the House of Representatives for the past six years; and

Whereas, Representative Brown is retiring from service as a House member this year; and

Whereas, in the House of Representatives, he has served on the Invitations and Memorial Resolutions Committee and as Secretary of the Agriculture, Natural Resources and Environmental Affairs Committee; and

Whereas, he is a former member of the Executive Board of the Y.E.A. and has served on the Executive Board of the Georgetown NAACP; and

Whereas, he has also served on the Georgetown Higher Education Commission, the Executive Board of Waccamaw Math/Science HUB, and the Executive Board of the Committee for Afro-American History Observances; and

Whereas, Representative Brown is service-minded and community-oriented; he has rendered dedicated public service as a member of the General Assembly; and we are grateful for his friendship. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank The Honorable Theodore A. (Ted) Brown of Georgetown County, our friend and esteemed colleague, for his six years of dedicated public service as a member of the House of Representatives.


Printed Page 4479 . . . . . Tuesday, May 23, 2000

Be it further resolved that a copy of this resolution be presented to Representative Brown.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5121 (Word version) -- Reps. Wilkins, Haskins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION THANKING THE HONORABLE RALPH W. CANTY OF SUMTER COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS NINE YEARS OF ABLE AND DEDICATED PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Ralph W. Canty of Sumter County has, with recognized ability and dedication, represented the citizens of District Number 51 in the House of Representatives since 1991; and

Whereas, Representative Canty is retiring from service in the House this year; and

Whereas, he has been a devoted and active member of the Labor, Commerce and Industry Committee of the House; and


Printed Page 4480 . . . . . Tuesday, May 23, 2000

Whereas, he served as President of the South Carolina Morticians Association from 1991 to 1994, was President of the Progressive National Baptist Convention USA from 1981 to 1982, was a trustee of Morris College from 1984 to 1993, is a Life Member of the NAACP, and served on the General Council of the Baptist World Alliance from 1981 to 1983; and

Whereas, Representative Canty's adult life has been devoted to public service; he is our good friend and we will miss his presence in the House Chamber. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, thank The Honorable Ralph W. Canty of Sumter County, our friend and esteemed colleague, for his nine years of able and dedicated public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Canty.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5122 (Word version) -- Reps. Wilkins, Haskins, Allen, Allison, Altman, Askins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott,


Printed Page 4481 . . . . . Tuesday, May 23, 2000

Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE GEORGE H. BAILEY OF DORCHESTER COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS SIXTEEN YEARS OF OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable George H. Bailey of Dorchester County has ably served the citizens of District Number 97 in the House of Representatives since 1984; and

Whereas, Representative Bailey is retiring from service in the House of Representatives this year; and

Whereas, he has served on the Labor, Commerce and Industry Committee of the House and as Second Vice Chairman of the Interstate Cooperation Committee; and

Whereas, he was awarded The Order of the Palmetto by Governor Campbell in 1992, received the "Champion of Housing Award" from the Home Builders Association of South Carolina in 1997, was named "Legislator of the Year" in 1999 by the South Carolina Association of Realtors, and was presented the "Good Soldier Award" by the South Carolina Retail Merchants Association in 1999; and

Whereas, he has demonstrated vision and leadership as a member of the General Assembly, as well as a genuine commitment to serving the needs of all South Carolinians. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, express appreciation to The Honorable George H. Bailey of Dorchester County, our friend and distinguished colleague, for his sixteen years of outstanding public service as a member of the House of Representatives.


Printed Page 4482 . . . . . Tuesday, May 23, 2000

Be it further resolved that a copy of this resolution be presented to Representative Bailey.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5123 (Word version) -- Reps. Wilkins, Haskins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION SALUTING OUR FRIEND AND DISTINGUISHED COLLEAGUE, THE HONORABLE HENRY E. BROWN, JR., OF BERKELEY COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND THANKING HIM FOR HIS LEADERSHIP IN THE GENERAL ASSEMBLY.

Whereas, The Honorable Henry E. Brown, Jr., of Berkeley County, our friend and esteemed colleague, has, with utmost distinction, represented the citizens of District Number 99 in the House of Representatives since 1985; and

Whereas, after fifteen years as a member of this body, Representative Brown is retiring from the House this year; and


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Whereas, he has served as Chairman of the House Ways and Means Committee and, in that capacity, has handled many complex and complicated matters, including, especially, the annual State budget; his vision, insight, and knowledge have combined to aid his fellow House members immeasurably in these matters, and for that, we are eternally grateful; and

Whereas, as Chairman of the Ways and Means Committee, Representative Brown also served as a member of the State Budget and Control Board, where his leadership aided his fellow board members in making key decisions for the benefit of all South Carolinians; and

Whereas, he has been a member of the Rotary Club of North Charleston and the Berkeley County Chamber of Commerce; he also served as a member of the Hanahan City Council from 1981 to 1985 and has been named to Who's Who in the South and Southwest; and

Whereas, Representative Brown's career of public service has been outstanding; he has been a true friend to his fellow members, and we will miss him in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, salute our friend and distinguished colleague, The Honorable Henry E. Brown, Jr., of Berkeley County, for his outstanding service as a member of the House of Representatives and thank him for his leadership in the General Assembly.

Be it further resolved that a copy of this resolution be presented to Representative Brown.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5124 (Word version) -- Reps. Wilkins, Haskins, 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,


Printed Page 4484 . . . . . Tuesday, May 23, 2000

Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE JOHN D. HAWKINS OF SPARTANBURG COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS FOUR YEARS OF EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable John D. Hawkins of Spartanburg County has ably represented the citizens of District Number 34 in the House of Representatives for the past four years; and

Whereas, Representative Hawkins is retiring from service in the House this year; and

Whereas, during his tenure in the House, he has served as a leading member of the Judiciary Committee, where his knowledge and insight have combined to assist his fellow members in the handling of many complex and sometimes difficult matters; and

Whereas, he is an outstanding and much-admired practicing attorney of the South Carolina Bar; he graduated from Wofford College in 1991, Phi Beta Kappa, magna cum laude; in 1994, he received his law degree from the University of South Carolina School of Law, where he was managing editor of the South Carolina Law Review and was named to the Order of Wig and Robe; he was President of the First Monday Club of Spartanburg in 1997 and was Chairman of the Freshman Caucus of the House of Representatives from 1997 to 1998; and


Printed Page 4485 . . . . . Tuesday, May 23, 2000

Whereas, he has rendered excellent public service in the House of Representatives and has provided true leadership and friendship to his fellow members of the General Assembly. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank The Honorable John D. Hawkins of Spartanburg County, our friend and esteemed colleague, for his four years of excellent public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Hawkins.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5125 (Word version) -- Reps. Wilkins, Haskins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon and Young-Brickell: A HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE THOMAS D. (TOM) WOODRUM OF SUMTER COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS FOUR YEARS OF DEDICATED,


Printed Page 4486 . . . . . Tuesday, May 23, 2000

OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Thomas D. (Tom) Woodrum of Sumter County has ably represented the citizens of District Number 68 in the House of Representatives for the past four years; and

Whereas, Representative Woodrum is retiring as a member of the House of Representatives this year; and

Whereas, he has provided his colleagues with excellent service as a member of the Labor, Commerce and Industry Committee of the House of Representatives; and

Whereas, he has served on the board of directors of the YMCA and the Sumter Iris Festival; he is a founding sponsor of Sumter Green and has served on the Shaw-Sumter Council; he is a member of the Rotary Club and has served on the NBSC-Sumter Community Board of Directors; and

Whereas, Representative Woodrum's life has been devoted to public service and community improvement; he has been an outstanding lawmaker, having always taken his legislative duties seriously and having provided his colleagues in the General Assembly with insight and assistance on many statewide matters; he is our good friend, and we will miss him in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank The Honorable Thomas D. (Tom) Woodrum of Sumter County, our friend and distinguished colleague, for his four years of dedicated, outstanding service to the people of South Carolina as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Woodrum.

The Resolution was adopted.


Printed Page 4487 . . . . . Tuesday, May 23, 2000

HOUSE RESOLUTION

The following was introduced:

H. 5126 (Word version) -- Reps. Wilkins, Haskins, 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, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION EXPRESSING DEEPEST APPRECIATION TO THE HONORABLE STEPHEN P. LANFORD OF SPARTANBURG COUNTY, OUR FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS THIRTEEN YEARS OF EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, The Honorable Stephen P. Lanford of Spartanburg County, has, for the past thirteen years, represented the citizens of District Number 35 in the House of Representatives with great diligence and devotion to duty; and

Whereas, Representative Lanford is retiring this year as a member of the House; and

Whereas, he has rendered much hard work and leadership as a member of the Ways and Means Committee while serving in the House of Representatives; and

Whereas, he attended the University of South Carolina, Spartanburg, and graduated from Gupton-Jones College of Mortuary Science in


Printed Page 4488 . . . . . Tuesday, May 23, 2000

1971; he served as Coroner of Spartanburg County from 1981 to 1987; and he served in the National Guard for six years; and

Whereas, he has been entirely dedicated to his duties as a member of the General Assembly; he is known for his friendliness, amiable manner, sense of humor, and knowledge of complex state issues; he is our true friend, and we will miss him in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, express deepest appreciation to The Honorable Stephen P. Lanford of Spartanburg County, our friend and distinguished colleague, for his thirteen years of excellent public service as a member of the House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Lanford.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5127 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE MRS. HARRIETT CARLOS BREVARD OF KERSHAW COUNTY, ON THE OCCASION OF HER RETIREMENT AS AN EDUCATOR AND PRINCIPAL IN THE PUBLIC SCHOOL SYSTEM OF KERSHAW COUNTY, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

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


Printed Page 4489 . . . . . Tuesday, May 23, 2000

H. 4953--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. LOURIE having the floor:

H. 4953 (Word version) -- Reps. Lourie, Allen, Allison, Bailey, Breeland, J. Brown, Clyburn, Davenport, Edge, Emory, Gamble, Gourdine, Govan, Hayes, Hosey, Inabinett, Jennings, Kirsh, Lee, Lloyd, Mack, Maddox, Martin, McGee, McKay, McMahand, Miller, Moody-Lawrence, J. M. Neal, Scott, Simrill, J. Smith, Stuart, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND PROVIDING EDUCATIONAL INFORMATION ON THE IMPORTANCE OF THESE SCREENINGS; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH REPORTING PROCEDURES FOR THESE SCREENINGS WHICH MUST BE FOLLOWED BY HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE EFFECTIVENESS OF THESE SCREENINGS AND INTERVENTIONS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; AND TO PROHIBIT PERFORMING A SCREENING IF A PARENT DISSENTS BASED ON RELIGIOUS BELIEFS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12122AC00):
Amend the bill, as and if amended, Section 44-37-40(C)(1) page 4, line 18 by deleting /January 1, 2002/ and inserting /June 30, 2001/ so when amended Section 44-37-40(C)(1) reads:
/(C)(1)   Beginning no later than June 30, 2001, newborn hearing screening must be conducted on all newborns born in hospitals in this State during birth admission, using procedures recommended or approved by the department. However, when a newborn is delivered in


Printed Page 4490 . . . . . Tuesday, May 23, 2000

a hospital with an average of less than one hundred deliveries a year, the parents must be instructed on the merits of having the hearing screening performed and must be given information to assist them in having the screening performed within one month of the child's birth date. /
Amend the bill further, Section 44-37-40(C)(2) page 4, line 27 by deleting /July 1, 2001/ and inserting /April 1, 2001/ so when amended Section 44-37-40(C)(2) reads:
/   (2)   Beginning no later than April 1, 2001, every hospital in this State shall provide educational information for the parents of newborns born in that hospital concerning the importance of hearing screening. Education may not be considered a substitute for the hearing screening./
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOURIE continued speaking.

Reps. BARRETT, KLAUBER, SANDIFER, SHARPE, WITHERSPOON, HAWKINS, PERRY, EASTERDAY, LOURIE, ROBINSON, ALTMAN, LOFTIS, LITTLEJOHN and KENNEDY requested debate on the Bill.

S. 1359--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5271DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 4491 . . . . . Tuesday, May 23, 2000

/ SECTION 1.   The 1976 Code is amended by adding:

"Section 50-11-31. (A)   For purposes of this section:

(1)   'Potato Creek' is the area lying east of Highway S-14-260 westward to the mouth of Potato Creek and the property controlled by Camp Bob Cooper 4-H Camp.

(2)'Wyboo Creek' is the area lying northward from a line connecting Green Island and Eagle Point on Lake Marion to Highway 260 this area will include the areas known as White Oak Slough, Air Port Slough, and Birch Branch.

(3)   'Bait' means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl.

(4)   'To bait' or 'baiting' means placing, exposing, depositing, distributing, or scattering bait.

(5)   'A dwelling' is a house or other structure in which a person or persons live; a residence; abode; occupied by a family as a place of residence, or a structure used as place of habitation.

(B)   It is unlawful to hunt migratory waterfowl on Potato Creek or Wyboo Creek, as defined for purposes of this section, within two hundred yards of a dwelling or marina without written permission of the owner or occupant.

(C)   From November first to February first of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Potato Creek and Wyboo Creek below the lakefront property line defined as the 76.8 marker. However, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders above the 76.8 marker.

(D)   A person who violates subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(E)   A person who violates subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION 2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 4492 . . . . . Tuesday, May 23, 2000

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

S. 1340--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5265DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Article 11, Chapter 5, Title 50 of the 1976 Code, as added by an act bearing ratification number R. 253 of 2000, is amended by adding:

"50-5-1102. (A)   Effective July 1, 2000, the following may not obtain or attempt to obtain a shrimp baiting license:

(1)   any person who, or officer of a corporation which, owns a vessel specified on a trawl license;

(2)   any person named as master of a vessel specified on a trawl license application;

(3)   any person licensed to use a channel net;

(4)   any person licensed to use a cast net for a commercial purpose; or

(5)   any person who, or officer of a corporation which, is licensed as a wholesale seafood dealer.

(B)   No person holding a shrimp baiting license may be a person specified in subsection (A).


Printed Page 4493 . . . . . Tuesday, May 23, 2000

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 2.   Article 11, Chapter 5, Title 50 of the 1976 Code, as added by an act bearing ratification number R.253 of 2000, is amended by adding:

"Section 50-5-1110.     Effective July 1, 2002, when taking shrimp over bait no cast net may be used having a mesh size smaller than one-half inch square measure or one inch stretch measure. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 3.   Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

ORDERED TO THIRD READING

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

S. 1279 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACIITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF


Printed Page 4494 . . . . . Tuesday, May 23, 2000

DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.

Rep. SHARPE explained the Bill.

S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.

Rep. SHARPE explained the Bill.

S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.

Rep. R. SMITH explained the Bill.

S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND


Printed Page 4495 . . . . . Tuesday, May 23, 2000

SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.

Rep. RISER explained the Bill.

S. 1242--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12052AC00), which was adopted:
Amend the bill, as and if amended, Section 46-40-20 page 2, by deleting item (7) on lines 28 through 33 and inserting:
/(7)   'Grain dealer' means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent./


Printed Page 4496 . . . . . Tuesday, May 23, 2000

Amend the bill further, page 2 by deleting Section 46-40-30 and inserting:
/Section 46-40-30.   An assessment of two cents a bushel must be imposed on all grain handled by grain dealers other than grain for which a prior grain dealer has already paid the assessment. The assessment must be reported and remitted to the department by the grain dealer as of the month in which the grain was delivered to the grain dealer, except as provided by Section 46-40-60./
Amend the bill further, Section 46-40-40(A) page 3, line 4 before the /./ by inserting /and maintain records of payments made/
Amend the bill further, Section 46-40-50(A) page 4, line 8 by deleting /jointly and severally/ and inserting /severally/
Amend the bill further, Section 46-40-90(B) page 5, line 20 after the /./ by inserting /However, a grain dealer who has not paid assessments into the fund, or forfeited collateral, in an amount at least equal to loss payments he has received, shall continue to pay assessments until the assessments equal the loss payments he received./
Amend the bill further, Section 46-40-90(C) page 5, line 30 after the /./ by inserting /However, a grain dealer may only receive payments for losses in an amount that does not exceed the total of the assessments he has paid into the fund and the value of collateral used to secure repayment of the loss payment./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. BATTLE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\12158AC00), which was adopted:
Amend the bill, as and if amended, Section 46-40-90 page 1242-2, line 11 after the /./ by inserting /If however, additional monies are deposited into the fund from grants or any other source, each grain dealer shall have his amount of outstanding debt reduced pro rata using these additional funds./
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 4497 . . . . . Tuesday, May 23, 2000

Rep. OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5275DJC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ "SECTION ____.   The department may promulgate regulations necessary to carry out the provision of this chapter." /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. SHARPE explained the Bill.

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

H. 5045--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Wednesday, May 24, which was adopted:

H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5103 (Word version) -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15 OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER


Printed Page 4498 . . . . . Tuesday, May 23, 2000

COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1400 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROCK HILL HIGH SCHOOL "BEARCAT" WRESTLING TEAM, ITS LEGENDARY HEAD COACH, JIM BARNES, HIS ASSISTANT COACHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE WRESTLING CHAMPIONSHIP, AND FOR ESTABLISHING A WINNING TRADITION THAT SPANS OVER THE PAST TWENTY-FIVE SEASONS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1401 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING PICKENS MIDDLE SCHOOL FOR ITS OUTSTANDING SCHOOL YEAR AND CONGRATULATING THE SCHOOL FOR EARNING THE PRESTIGIOUS BLUE RIBBON SCHOOL OF EXCELLENCE AWARD, THE HIGHEST AWARD BESTOWED BY THE UNITED STATES DEPARTMENT OF EDUCATION.

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

S. 1041--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND


Printed Page 4499 . . . . . Tuesday, May 23, 2000

THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18446AC00):
Amend the bill, as and if amended, Section 1-11-760(A) page 2, line 29 after /disorder / by inserting /social anxiety disorder/ so when amended Section 1-11-760(A)(3) reads:
/   (3)   'Mental health condition' means any mental or nervous condition that is caused by a biological disorder of the brain and results in a clinically significant or psychological syndrome or pattern that


Printed Page 4500 . . . . . Tuesday, May 23, 2000

substantially limits the functioning of the person with that illness, limited to: schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, pervasive developmental disorder or autism, panic disorder, obsessive-compulsive disorder, social anxiety disorder, anorexia, bulimia, asperger's disorder, intermittent explosive disorder, post-traumatic stress disorder, psychosis not otherwise specified when diagnosed in a child under seventeen years of age, Rett's disorder, or Tourette's disorder.
Amend the bill further, Section 1-11-760(B) page 2, line 39 before /treatment/ by inserting /medically necessary/ so when amended Section 1-11-760(B) reads:
/(B)   The state health insurance plan shall provide coverage for medically necessary treatment of a mental health condition and alcohol or substance abuse and shall not establish any term or condition that places a greater financial burden on an insured for access to treatment for a mental health condition or alcohol or substance abuse than for access to treatment for a physical health condition. Any deductible or out-of-pocket limits required under the state health insurance plan must be comprehensive for coverage of mental health conditions, alcohol or substance abuse, and physical health conditions./
Amend the bill further, Section 1-11-760(C) page 3, line 8 before /treatment/ by inserting /medically necessary/ so when amended Section 1-11-760(C) reads:
/(C)   If the state health insurance plan does not otherwise provide for management of care under the plan or does not provide for the same degree of management of care for all health conditions, it may provide management of care for medically necessary treatment of mental health conditions and alcohol or substance abuse as long as the management of care does not diminish or negate the purpose of this section. The management of care must also ensure that timely and appropriate access to care is available, that the quantity, location, and specialty distribution of health care providers is adequate, and that administrative or clinical protocols do not reduce access to medically necessary treatment for any insured./
Amend the bill further, by deleting SECTION 2 of the bill in its entirety.
Amend the bill further, Section 1-11-760, page 3 by deleting subsection (F) on lines 24-28; on line 29 by deleting / (G) / and inserting / (F) /; and on page 35 by deleting / 3.24 / and inserting / 3.39 / so that when amended subsections (F) and (G) read:

Printed Page 4501 . . . . . Tuesday, May 23, 2000

/   (F)   The state health insurance plan may opt out of the requirements of this section if, as a result of the application of this section, the total health insurance costs of the state health insurance plan increase by more than:

(1)     one percent by the end of the three-year period beginning January 1, 2002, and ending December 31, 2004; or

(2)     3.39 percent at any time beginning January 1, 2002, and ending December 31, 2004. /
Amend the bill further, by deleting SECTION 4 of the bill and inserting:
/SECTION   4.   The Budget and Control Board shall conduct a study to assess the impact of this act for the period beginning January 1, 2002 through December 31, 2003, using actual incurred claims for that period as paid through July 1, 2004. The Budget and Control board shall report its findings to the General assembly by December 31, 2004.
SECTION   5.   This act takes effect upon approval by the Governor, except that SECTION 1 takes effect January 1, 2002. This act is repealed January 1, 2005./
Renumber sections to conform.
Amend totals and title to conform.

Rep. RISER explained the amendment.

Reps. TRIPP and CATO objected to the Bill.

Reps. BARRETT, LEACH, BARFIELD, PERRY, MOODY-LAWRENCE, KNOTTS and SANDIFER requested debate on the Bill.

S. 1042--DEBATE ADJOURNED

The following Bill was taken up:

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.


Printed Page 4502 . . . . . Tuesday, May 23, 2000

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9636HTC00), which was ruled out of order:
Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:
/ SECTION   __.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding an appropriately numbered item at the end to read:

"( )   the Pee Dee Regional Airport District."
SECTION   __.   A.   The 1976 Code is amended by adding:

"Section 1-11-780.   The Budget and Control Board, Office of Insurance Services, shall provide contraceptive prescription coverage under the State Health Plan."
B.   Notwithstanding the general effective date of this act, this section takes effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RISER explained the amendment.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. RISER argued that the amendment was germane to the Bill.
Rep. EASTERDAY argued that the amendment was not germane to the Bill.
Rep. COBB-HUNTER argued that the amendment was germane to the Bill.
SPEAKER WILKINS stated that the Bill dealt with who is covered under the State Health Plan, but the amendment dealt with the type of coverage. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. YOUNG-BRICKELL moved to adjourn debate on the Bill until Wednesday, May 24, which was agreed to.


Printed Page 4503 . . . . . Tuesday, May 23, 2000

H. 4954--DEBATE ADJOURNED

Rep. RISER moved to adjourn debate upon the following Joint Resolution until Wednesday, May 24, which was adopted:

H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J. M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson, Rodgers, Simrill, Stille, Taylor, Whatley, Wilder, Stuart and W. McLeod: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND PROVIDE TO WHOM THE COMMITTEE'S RECOMMENDATIONS MUST BE MADE BY OCTOBER 1, 2000.

H. 5015--DEBATE ADJOURNED

Rep. RISER moved to adjourn debate upon the following Bill until Wednesday, May 24, 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.


Printed Page 4504 . . . . . Tuesday, May 23, 2000

S. 518--DEBATE ADJOURNED

The following Bill was taken up:

S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.

Rep. MCKAY explained the Bill.

Rep. MCKAY moved to adjourn debate on the Bill until Wednesday, May 24, which was agreed to.

S. 705--REQUESTS FOR DEBATE

The following Bill was taken up:

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21418SD00):
Amend the bill, as and if amended, by adding the following new SECTIONS to be appropriately numbered to read:
/SECTION ____.   Chapter 37 of Title 5 of the 1976 Code is amended by adding:

"Section 5-37-35.   Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be


Printed Page 4505 . . . . . Tuesday, May 23, 2000

used under this chapter to fund municipal improvements shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
SECTION ______.   Chapter 21 of Title 6 of the 1976 Code is amended by adding:

"Section 6-21-55.   The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. MCKAY explained the amendment.

Reps. KIRSH, F. SMITH, BALES, HOWARD, SCOTT, LLOYD, CLYBURN and HAYES requested debate on the Bill.

H. 5088--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 5088 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. DAVENPORT explained the Joint Resolution.

Rep. HAMILTON moved to adjourn debate on the Joint Resolution until Tuesday, May 30, which was agreed to.


Printed Page 4506 . . . . . Tuesday, May 23, 2000

H. 5094--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:

H. 5094 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 544--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. FLEMING 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.


Printed Page 4507 . . . . . Tuesday, May 23, 2000

RULE 5.15 NOT WAIVED

Rep. EASTERDAY moved to waive Rule 5.15, which was not waived by a division vote of 58 to 36.

S. 916--POINT OF ORDER

The following Bill was taken up:

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.

POINT OF ORDER

Rep. ROBINSON 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.

S. 1169--POINT OF ORDER

The following Bill was taken up:

S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.


Printed Page 4508 . . . . . Tuesday, May 23, 2000

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12128AC00):
Amend the bill, as and if amended, Section 40-47-925(A) page 3, line 6 by deleting /eight/ and inserting /nine/; and on line 9 by deleting /One member must be a consumer/ and inserting /Two members must be consumers/ so when amended Section 40-47-925(A) reads:
/   Section 40-47-925.   (A)   There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed physician assistants with a minimum of three years of patient care experience in this State. Two members must be consumers and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one must regularly employ a physician assistant. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee./
Amend the bill further, by deleting Section 2 and inserting:
/SECTION   2.   Notwithstanding the provisions of Act 7, Chapter 47, Title 40 of the 1976 Code, as added by Section 1 of this act, the Board of Medical Examiners of South Carolina shall issue a license to a physician assistant who is certified and whose certification is in good standing under the certification standards in existence immediately prior to this act's effective date.
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. PARKS explained the amendment.

POINT OF ORDER

Rep. SIMRILL 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.


Printed Page 4509 . . . . . Tuesday, May 23, 2000

ORDERED TO THIRD READING

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

H. 5095 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO OPTIONAL STATE SUPPLEMENTATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M. HINES explained the Joint Resolution.

H. 5097 (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 LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 5102 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.


Printed Page 4510 . . . . . Tuesday, May 23, 2000

H. 5096--POINT OF ORDER

The following Joint Resolution was taken up:

H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Joint Resolution 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.

S. 44--POINT OF ORDER

The following Bill was taken up:

S. 44 (Word version) -- Senators Jackson, Elliott, Wilson, Washington and Reese: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

POINT OF ORDER

Rep. ROBINSON 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.


Printed Page 4511 . . . . . Tuesday, May 23, 2000

H. 5101--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 5101 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

Rep. HASKINS explained the Joint Resolution.

POINT OF ORDER

Rep. HOWARD made the Point of Order that the Joint Resolution 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.

RULE 5.15 WAIVED

Rep. HASKINS moved to waive Rule 5.15, which was agreed to by a division vote of 92 to 0.

The Joint Resolution was read second time and ordered to third reading.

S. 1129--REQUESTS FOR DEBATE WITHDRAWN

Reps. SANDIFER and KIRSH withdrew their requests for debate on the following Bill:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A


Printed Page 4512 . . . . . Tuesday, May 23, 2000

STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

S. 1062--REQUEST FOR DEBATE WITHDRAWN

Rep. PERRY withdrew his request for debate on the following Bill:

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.


Printed Page 4513 . . . . . Tuesday, May 23, 2000

H. 4960--REQUESTS FOR DEBATE WITHDRAWN

Reps. SIMRILL, KIRSH, EASTERDAY and BARRETT withdrew their requests for debate on the following Joint Resolution:

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

H. 4677--REQUEST FOR DEBATE WITHDRAWN

Rep. TROTTER withdrew his request for debate on H. 4677 (Word version); however, other requests for debate remained on the Bill.

S. 1129--REQUEST FOR DEBATE WITHDRAWN

Rep. SCOTT withdrew his request for debate on the following Bill:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET


Printed Page 4514 . . . . . Tuesday, May 23, 2000

AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

H. 3078--REQUESTS FOR DEBATE WITHDRAWN

Reps. CLYBURN and HOSEY withdrew their requests for debate on H. 3078 (Word version); however, other requests for debate remained on the Bill.

S. 120--REQUESTS FOR DEBATE WITHDRAWN

Reps. GOURDINE, MCMAHAND, J. HINES, HOSEY and LLOYD withdrew their requests for debate on S. 120 (Word version); however, other requests for debate remained on the Bill.

S. 1129--REQUEST FOR DEBATE WITHDRAWN

Rep. MEACHAM-RICHARDSON withdrew her request for debate on the following Bill:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S


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COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

H. 4566--REQUEST FOR DEBATE WITHDRAWN

Rep. TROTTER withdrew his request for debate on H. 4566 (Word version); however, other requests for debate remained on the Bill.

S. 1129--REQUEST FOR DEBATE WITHDRAWN

Rep. MOODY-LAWRENCE withdrew her request for debate on the following Bill:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO


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PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

OBJECTION TO RECALL

Rep. W. MCLEOD asked unanimous consent to recall S. 97 (Word version) from the Committee on Ways and Means.
Rep. LAW objected.

S. 1361--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 1361 (Word version) -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.

RULE 5.12 WAIVED

Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 35 to 3.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 776 (Word version) from the Committee on Judiciary.
Rep. TROTTER objected.


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H. 4922--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

Rep. ALLISON explained the Senate Amendments.

Rep. WALKER spoke against 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 by a division vote of 30 to 23.

H. 3086--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.

Rep. EASTERDAY explained the Senate Amendments.


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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.

H. 4767--POINT OF ORDER

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

H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.

POINT OF ORDER

Rep. CATO 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.

S. 560--POINT OF ORDER

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

S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE


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DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.

POINT OF ORDER

Rep. CATO 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.

RECURRENCE TO THE MORNING HOUR

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

H. 4960--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Wednesday, May 24, which was adopted:

H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.

S. 1129--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, May 24, which was adopted:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE


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STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

S. 1062--REQUEST FOR DEBATE

The following Bill was taken up:

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.

Rep. KIRSH requested debate on the Bill.

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


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5099 (Word version) -- Reps. Huggins, Quinn and Riser: A CONCURRENT RESOLUTION CONGRATULATING THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS SOCCER TEAM, COACHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE CHAMPIONSHIP.

ADJOURNMENT

At 4:30 p.m. the House in accordance with the motion of Rep. MCMAHAND adjourned to meet at 10:00 a.m. tomorrow.

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