HOUSE JOURNAL for May 19, 1999 - South Carolina Legislature Online

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

Wednesday, May 19, 1999
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

O Lord, our God, save us from making these precious moments only a ceremonial act. Instead, through these moments of prayer, may we draw close to You and thus remain after this prayer is ended. Keep us from being frightened by problems; rather, make us thankful that You have matched us to this hour. Give us concern for one another and the ability to give our best to every task. Bless, we pray, our efforts that our State and Nation may be great enough and good enough to be a blessing to all mankind. May goodness and mercy attend us this day and 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MCGEE moved that when the House adjourns, it adjourn in memory of former representative Peter D. Hyman, Sr. of Florence, which was agreed to.

REPORT RECEIVED

The following was received.

TO: The Clerk of the Senate

The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates for the SC Consumer Affairs Commission
DATE: May 18, 1999

In compliance with the provisions of Act No. 391of 1996, Title 2, Chapter 20, of the South Carolina Code of Laws, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Senator C. Tyrone Courtney, Chairman
Representative George Bailey
Senator Robert W. Hayes, Jr.
Representative James N. Law
Senator Glenn G. Reese
Representative Teddy N. Trotter
Senator Dick Elliott
Representative Willie B. McMahand

The Screening Process

Pursuant to Act No. 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, the committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.

The committee's report includes the Transcript of the Proceedings before the Screening Committee on May 12, 1999. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the committee in making its findings.

TRANSCRIPT OF HEARING OF MAY 12,1999
BANKING AND INSURANCE COMMITTEE
Joint Legislative Screening Committee to Review
Candidates for the
SC Consumer Affairs Commission
Room 207 Gressette Building
Columbia, South Carolina 29201
Wednesday, May 12, 1999
9:00 A.M.
The within screening was taken on the 12th day
of May, 1999 before Jennifer L. Lester, Certified
Court Reporter and Notary Public in and for the
State of South Carolina.

APPEARANCES:

James Bell, Esquire

Director of Research and Attorney to the Committee

Sen. C. Tyrone Courtney, Chairman

Sen. Robert W. Hayes, Jr.

Rep. Teddy N. Trotter

Rep. Willie B. McMahand, Sr.

SEN. COURTNEY: Okay, let's go ahead and call our meeting to order. I want to thank all of you for being here and tell you that this shouldn't take very long. It's not very painful, but it is a process that we do have to go through. Obviously, have some fairly formal questions that we have to ask each candidate today and then we'll open up to the committee to see if anybody has any particular questions they would like to ask you. We do this one at a time. Ms. Bloom, alphabetically, you'll go first and then we'll bring Mr. Macomson in and ask him similar questions. Then, sometime probably a week ... James? ... or so we'll have a report ...

MR. BELL: Next Tuesday.

SEN. COURTNEY: Just to remind you that you're not allowed to ask for commitments from anybody until the report is published. We'll let you know when that is published so that you can timely hit the ground running and feel like you need to do anything special as far as drumming up support and so forth. Hopefully, we'll get that out as soon as we can. Then the election, I think, is two weeks from today, which will be in the House of Representatives. If you have any particular questions, we'll be glad to try to answer those for you, too, while you are here. If there's not anything else to bring up, we're going to, Mr. Macomson, ask you to leave the room and then we'll proceed with Ms. Bloom and then bring you back shortly. Thank you. Ms. Bloom if you'll come on up and have a seat up front here. Ms. Bloom, welcome again to our screening committee this morning and I think you've been through this before, so you have a little idea what it's about. As I said, it's not very painful to go through but we have to go through the process and all before we give the names of the nominees to the General Assembly. At this time, I'll ask Mr. Bell, our staff attorney, to ask you some general questions and then we'll see if there are specific questions any of the members of the committee have and questions we have as we go.

MR. BELL: Good morning, Ms. Bloom. If I could swear you in.

LILLIAN C. BLOOM, being duly sworn:

MR. BELL: I have a few questions for you. Do you or any member of your family own or operate any business which contracts with state or federal government?

A: No.

MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the agency, board, commission?

A: No.

MR. BELL: Have you ever been arrested, charged, or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?

A: No.

MR. BELL: Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A: No.

MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?

A: No.

MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?

A: No.

MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A: No.

MR. BELL: Do you know of any reason you would have difficulty performing the duties of this position?

A: None at all.

MR. BELL: If you would like to make a brief statement about yourself and explain why you want to serve, I know you have been serving for a number of years now, but please do so now.

MS. BLOOM: Well, I've been on the commission for seven years now. This would be my third term. I have considered it a distinct privilege to be serving in this area. I think it's a very fine commission. I think they're always concerned with the welfare of the consumer and it is something that I have particularly enjoyed working towards. My expertise is essentially in the area of education in trying to make the consumer more aware of their rights and responsibilities. I think I've tried to do that effectively and I believe I have made a contribution to the commission and I certainly enjoyed working with them and I would hope that I could continue to do so.

SEN. COURTNEY: Ms. Bloom, you work with Mr. Porter fairly often. What's the usual way that you meet with him, how often and how does he report to you and so forth?

A: Well, we meet the second Tuesday of every month. He gives a report as the consumer advocate, as the administrator of the agency. And all of the staff, the deputy consumer advocates, the attorneys, the public information professional all give us reports.

MR. BELL: I don't know if you're aware, but there's been some controversy about the consumer advocate, at least as far as the Senate side is concerned this past year as well as this year. For instance, in the area of auto insurance reform. When the Senate Subcommittee was traveling and so forth in trying to come up with some way to reform our insurance system and get out of the re-insurance facility and recoupment fee and all that, Mr. Porter continued to maintain that the old system was the best system for South Carolina and advocated staying with the recoupment fee and so forth and we felt, the Senate side at least, he really did not look into the interest of the consumer. It got to the point where maybe three Senators took the floor of the Senate and they stated into the record of the disappointment with the consumer advocate because of that and because of other areas of consumer problems that dealt with credit life insurance, credit disability insurance that we felt he was not taking the stance on and so forth. Were you ever made aware of the concerns of the General Assembly with his performances there?

A: Well, I knew that before the new legislation went into effect on March 1st, there was a distinct ... one of the deputy consumer advocates really worked hard to get competitive rates out. Apparently, the insurance companies said that the new law prohibited public hearings. Well, in order not to have ... if they wanted not to have the rates out before that, it meant that the consumer wasn't in a position to shop around for the best kind of insurance for them. And I think it was finally adjudicated that they would have to post their rates before the March 1st legislation went into effect. I guess there is differences, but I know that Mr. Porter's is always on the side of the consumer. Now, there may be a difference of opinion between the Senators that opposed what he wanted to do, but I think he is essentially working on the behalf of the consumer and I can't see it otherwise.

SEN. COURTNEY: But you weren't made aware of any complaints by members of the General Assembly?

A: Not to my knowledge.

SEN. COURTNEY: And you were told by the consumer advocate and his deputies that this lawsuit where one government agency actually sued another government agency, which was the Consumer Advocate sued the Department of Insurance, because of the Department of Insurance hiding information?

A: Well, not revealing the rates beforehand. Now, you must understand, I, too, am not a lawyer and some of the legal technicalities escape me.

SEN. COURTNEY: Were you told that the General Assembly, the Senate and the House had to pass new legislation to overcome the lawsuit that was brought by the Consumer Advocate against the Department of Insurance to prevent problems in the new insurance law?

A: Well, those details, as I say, I ... I'm just not that knowledgeable about it.

SEN. COURTNEY: Well, you wouldn't be unless you were told by ... So you were not told?

A: He reports very completely. Now, when you say "he told ...", we get such detailed reports at every meeting that perhaps that escaped me. I was aware of the rates that were so important to the consumer. But the details that you're referring to, either it escaped me or I was not fully knowledgeable of it. Again, I come down on the position that whatever Mr. Porter did, it was in his opinion and in the commission's opinion that it was on behalf of the consumer.

SEN. COURTNEY: Did they come to you before filing suit and ask you and discuss it with the commission or even ask approval from the commission to sue another government agency before they did so?

A: If they did, as I say, it escaped me. They might have.

SEN. COURTNEY: Questions from the committee? Senator Hayes?

SEN. HAYES: What do you have on your agenda as far as what the Department of Consumer Affairs should be doing or looking into next? Do you have anything that you're particularly interested in?

A: Well, I think it's an agency that should always be concerned with greater public awareness. You know, when you're in the Columbia area, where in this area, apparently, there are more people that seem to be aware of the agency. As you branch out into the state, you've got to make every effort to publicize the agency and to do this. Now, the public affairs and education professional does a tremendous job. She speaks all over the state. I, myself, have had two courses set up for the Furman University Learning and Retirement Program at Furman where I brought some of the staff members. I'm also on the Senior Advisory Committee of the Council of Governments and there, too, I try to have the staff person come and make presentations. On that committee there are many professionals serving in six counties so that they were made aware of a lot of the scams, fraud, and deceptive practices that go on to which the aging population is particularly vulnerable. Now, I've tried ... I know here, Mr. Porter, writes a very fine column for that periodical that comes out once every two weeks with the State. I think it's called "Money-wise". I tried to get ... and you people may read it, I think they're wonderful articles teaching the public of some of the issues that they may be confronted with. I tried to get the senior editor of the Greenville News to do the same thing. Well, he's thinking about it. I haven't seen him really do anything. But I think that's a very worthwhile way of educating the public. The public information and education professional, she addresses people in mental health half-way houses because they are particularly vulnerable to credit card consumption and don't know how to use them. She even speaks to people who are in half-way houses from prisons so they, too, may be available. They've had a wonderful program where the high schools have been made aware of essay contests. And, as a matter of fact, I think May 25th or something, the Governor is going to hand out these awards to eleven youngsters who won essay contests on credit and what they can and cannot do. Fourth and fifth graders ... these were seventh graders, fourth and fifth graders were asked to provide slogans for it. So, the public information is done, I think, very well. On the other hand, it still needs to be provided to various areas of the state. In my own capacity, this is what I feel that I can do best in trying to interpret some of the consumer frauds that are always with us, scams and what have you. And another thing, they're doing are teleconferences, which are done right here and then all over the state they're able to show these in high schools. In Greenville they show them at Greenville Tech and I, myself, have watched them. We've promoted the public to attend these teleconferences. Our public affairs, again, professional sits on the National Consumer League. She is the Chairman of the National Consumer League. So, I think our agency has done a fantastic job, but there is always opportunity to do more.

SEN. HAYES: Thank you. No further questions.

SEN. COURTNEY: Any other questions? Ms. Bloom, anything else you'd like to tell us this morning?

A: No. I think ... I would certainly like to continue on. And if not, it has been a wonderful experience for me and I shall always treasure it.

SEN. COURTNEY: Well, I'm sure I speak for all of us when we say we know you're a fine person and look out for the consumer as best you could. In the future, if you are re-elected, I can tell you from a personal standpoint, we would like to see the commission more involved with the Consumer Advocate as far as details of what actually is going on and what it's working toward and the actions that he is taking, because we feel like there's been a little bit of disappointment there, at least from some of us that work with closely on some of these issues that we've had to deal with. I'll leave that with you for what it's worth. Thank you for being here this morning and thank you for the service that you've already given to the State of South Carolina.

A: I might add that he is certainly trying to be in contact with the legislators, perhaps more than he has been. But it is very difficult for him to manipulate a lot of the committees that he has to appear at and to deal with just the management of the agency. But he is making this a priority for the coming year.

SEN. COURTNEY: Thank you. Thanks for coming and we'll be in touch, I would assume, by Tuesday to let you know exactly when the report will be made public, that's when it's read into the bodies of the General Assembly and from that point on you can seek commitments.

A: Now, when you say ... Can I seek ... can I just write letters before then asking for support, if not commitments?

SEN. COURTNEY: No, ma'am. I don't think you can ask for support. I think that would be interpreted as a commitment.

A: Okay, I will wait.

SEN. COURTNEY: You may write that you are up for re-election and at the appropriate time that you will be contacting them to seek their support or their commitment.

A: Okay, thank you all.
(Off the record)

SEN. COURTNEY: I want to thank you again for being here for the screening committee this morning. Like Ms. Bloom, you had to drive a pretty good ways to be here also. It's not going to take long, but it is a process that we do have to go through to make sure that anybody who offers as a candidate is qualified. At this point, I'll ask Mr. Bell to ask you some formal questions that have to be asked of everybody. If you'll just respond to those, then members of the Committee may have some questions for you also following that and if you have any questions of us about Consumer Affairs or the roles and responsibilities there, anything you'd like to ask, we'll try to answer those for you as well.

REV. TONY MACOMSON, being duly sworn:

MR. BELL: Good morning, Mr. Macomson. I have a few questions for you. Do you or any member of your family own or operate any business which contracts with state or federal government?

A: No, sir.

MR. BELL: Do you or any member of your family own or operate any business that receives state or federal funds from the agency, board, commission?

A: No, sir.

MR. BELL: Have you ever been arrested, charged, or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?

A: No.

MR. BELL: Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A: No.

MR. BELL: Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?

A: Not in ... No.

MR. BELL: Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?

A: No, sir.

MR. BELL: Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A: No.

MR. BELL: Do you know of any reason you would have difficulty performing the duties of this position?

A: No, sir.

MR. BELL: Okay, you can now make a personal statement about why you would like to serve on the Commission and your qualifications to do so. Thank you.

REV. MACOMSON: Well, I think as a community leader, I believe that also as a citizen, that ... what little I do know about the Commission, I could be a help for my community and for the state. It's my desire to be more involved in some of the things that are going on here in the State of South Carolina.

SEN. COURTNEY: Mr. Macomson, let me ask you a few things. Consumer Affairs Commission kind of overseas the actions of the consumer advocate. The consumer advocate is the person who represents the interests of consumers in South Carolina, specifically dealing with legislation that comes before the General Assembly and any complaints that we receive also from the public, whatever happens to them out there in their own private lives and so forth. Just looking through some of the letters that have been sent for you here, I see some words, "active", "tenacious". I think when it comes to representing consumers, those are traits that we kind of look for for somebody with the consumer advocate. What kind of things have you been involved in in the community as far as helping disadvantaged people or people that couldn't help themselves and so forth? Have you had involvement with any local governments or organizations or anything like that where you've kind of taken the lead or represented them and so forth?

A: In various areas in Cowpens I've done some things. Of course, I've served on the rescue squad commission and I think that's been one thing. I've served in the YMCA, director board; I've served with the ... I'm president of the NAACP, working with some things to help for disadvantaged people; I've served as a advisory counsel to the school systems and to the Security Dad, those things that I've done. Beyond that, I think that's pretty much those things I've served with. Fire Department, took some active roles in the Bicentennial and different things like that.

SEN. COURTNEY: So various organizations in the community and so forth?

A: Yes. I could ... as community organizations, I can name some of them that I've had experiences in --Assistant Chaplin to Spartanburg Regional Medical Center; Deputy Chaplin to Spartanburg County Sheriff's Department; I've also served with the ... member of the South Carolina Education and Missionary Baptist State Convention; been president of Fellowship Ministry that deal with a lot of activities toward helping and aiding people, Gaffney; Greater Spartanburg Ministerial Alliance, has been some things that I've served in. Like I said, member of the Improvement Board, Broome High School; member of the Improvement Board and Security Dad at Granard High School in Gaffney; Board of Directors of the YMCA; Member of the County of Spartanburg Emergency and Rescue Squad Units Commission; a member of the Sewer Commission in Cowpens; member of the Fire Department and Bicentennial Speaker. Those are just some other things.

SEN. COURTNEY: Let me ask you, describe yourself a little bit. When I see words like "active", when I hear "tenacious", something like that, do you feel that you're somebody that sits back and lets things happen or are you willing to speak out if you feel like you see something not being done like you think it should be?

A: Very much so. I would speak out against anything that's ... that I feel is not right. I will go to a limit to try to make sure that it's right again, especially if it's something done against someone else or a community. I will stand to try to be very active in pushing to make sure that goes forward.

SEN. COURTNEY: The reason I ask that question is that some of us in the Senate and House felt that the Commission, Consumer Affair Commission has been a little complacent maybe in allowing the Consumer Advocate to take the role that he has, which some of us feel is not being as active as it should be as far as helping the consumer. Do you feel that you have any hesitation in criticizing him if you felt that he was not doing what he should do?

A: That's a big concern of mine, is that, you know, that the right thing be happening for the people. So if he did something that I felt that wasn't right, then I would not support that, very strongly would not support that. I would stand up against anything that I felt was against the public and if something was going in another direction, I would not stand to accept or to allow that to go forward. That's something I've always stood with, even as the President of the NAACP, that I've stood with the fact that there are some things that went wrong and I stood against them because I don't, you know, didn't feel that it was the right thing to happen to better the community. But also what was right for the people as well as for the government.

SEN. COURTNEY: Okay, Mr. Macomson, Senator?

SEN. HAYES: I just wanted to ask, do you have any particular ideas on directions that the Department of Consumer Affairs should take? I know you haven't served on it before, have you?

A: No, sir.

SEN. HAYES: Do you have any ideas, an agenda for what you think actions they should take?

A: Well, I just think that from my understanding from what I understand at this point and in trying to understand more about the Consumer Board, I think that the actions should be taken to ... for the community, for the people, that the right things should be done for the people in those directions. My actions would be to see that this Commission of Consumer Affairs would be really working toward the goals to make things better for the people.

SEN. HAYES: How did you become aware of the idea of running for this?

A: I heard about it through the letter in the paper, through Senator ... I heard about the Commission.

SEN. HAYES: No further questions.

SEN. COURTNEY: Any other questions? Mr. Macomson, you, as I stated before, may not seek commitments or support from any member of the General Assembly at this time. We'll be in touch with you by Tuesday of next week to tell you when the report becomes public. At that time you are able to contact members of the General Assembly and ask for their support and their commitment to vote for you. The election will be two weeks from today. There will be a violation if you seek any support or commitment from anybody until the report is published, and as I say, we will let you know when that is. In the meantime, you are able to write members of the General Assembly if you'd like and let them know that you are running for this position and that once screening is completed, that you would be contacting them at that time. Do you have any questions at this time yourself that you'd like to ask us about the commission?

A: This commission, do they deal with mainly ... and what I was really trying to understand, because this will be my first time serving or seeking a position of this magnitude and I feel here at the State ... down in the State Capital, this commission deals with it ... I want to make sure I understand about it, deals with the different things that the consumers pays for, am I right? And how does it deal with the interest of the bank and stuff like that?

SEN. COURTNEY: Consumer Affairs Commission is involved with representing the interest of consumers in South Carolina and dealing with any problems they may have as consumers and also appointing and electing a consumer advocate who is kind of the point man for the commission and deals with the General Assembly regularly in considering legislation that we might have before us to either advocate or oppose legislation that he feels is in the best interest of the consumer or it might hurt the consumer and deal with the public in general with problems they may have with various businesses or whatever that they have out there in the public as consumers.

A: That's what I was thinking, I just wanted to make sure that in asking that ... I wanted to make sure that I was considering ... that's about all I have. Hopefully I can learn more about it as I continue to go.

SEN. COURTNEY: We appreciate you coming and we appreciate your interest and we'll be in touch with you probably early next week.

A: Thank you.

SEN. COURTNEY: I'll just ... at this point I think we just need to take a formal vote and from what I can see both candidates certainly qualify to run and all that. So, if there is no further, I ask for a motion.

SEN. HAYES: So moved.

SEN. COURTNEY: We find both candidates qualified, seconded. All in favor say "aye".

MEMBERS: Aye.

SEN. COURTNEY: Aye's have it. We find both qualified and once the report is done, notify them and get that published. Thank you.

(There being nothing further, the screening was

concluded at 10:00 a.m.)

Summary

The following persons were unanimously found qualified for Seat #3 on the SC Consumer Affairs Commission:

Seat #3 with term to begin July 1, 1999.

Mrs. Lillian C. Bloom
Rev. Tony L. Macomson

Respectfully submitted,
/s/Senator C. Tyrone Courtney, Chairman
/s/Representative George Bailey
/s/Senator Robert W. Hayes, Jr.
/s/Representative James N. Law
Senator Glenn G. Reese
/s/Representative Teddy N. Trotter
/s/Senator Dick Elliott
/s/Representative Willie B. McMahand

Received as information.

REPORT OF STANDING COMMITTEE

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

S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4120 (Word version) -- Reps. Bales and Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE BOAT LANDING ON THE WATEREE RIVER LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 378 AND THE WATEREE RIVER IN RICHLAND COUNTY IN HONOR OF SERGEANT WILLIAM T. (BILLY) TOLAR AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4121 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ITALY ALBERT GREENE OF DARLINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER, AND RECOGNIZING AND SALUTING THEM FOR THEIR MANY CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

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

H. 4122 (Word version) -- Reps. Phillips, Gamble, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.

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

(1) That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives on Wednesday, June 2, 1999, immediately after the election of judges for the purpose of electing a member of the board of trustees of Francis Marion University representing the third congressional district, seat six.

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

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4123 (Word version) -- Reps. McGee, Askins, J. Hines, M. Hines and McKay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF MR. MIKE A. BOATWRIGHT OF FLORENCE COUNTY AND EXTENDING THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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. 4124 (Word version) -- Reps. F. Smith and Neal: A BILL TO AMEND SECTION 23-6-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REQUIRE THE DIRECTOR TO COLLECT, CORRELATE, AND MAINTAIN CERTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT.
Referred to Committee on Judiciary

H. 4125 (Word version) -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE, BY ADDING SECTION 56-19-490 SO AS TO PROVIDE FOR THE RECOUPMENT OF CLOSING COSTS INCURRED BY A MOTOR VEHICLE DEALER IN CONNECTION WITH A SALE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ALLOWABLE ADDITIONAL CHARGES IN CONNECTION WITH A CONSUMER CREDIT SALE, SO AS TO PROVIDE FOR A UNIFORM ADDITIONAL CHARGE BY A MOTOR VEHICLE DEALER TO RECOUP ITS CLOSING COSTS, TO REQUIRE THAT THE CHARGE ALSO APPLY TO CASH BUYERS, TO LIMIT THE CHARGE TO NINETY-NINE DOLLARS AND FIFTY CENTS, AND TO REQUIRE WRITTEN DISCLOSURE.
Referred to Committee on Education and Public Works

H. 4126 (Word version) -- Reps. Maddox, Altman, Bales, Breeland, Clyburn, Cobb-Hunter, Emory, Harrison, J. Hines, Inabinett, McGee, Moody-Lawrence, J.M. Neal, Parks and Whipper: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, AND SECTION 9-8-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM, THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND THE SOUTH CAROLINA RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW A MEMBER TO ESTABLISH SERVICE CREDIT FOR MILITARY SERVICE PERFORMED AFTER 1975 UPON MAKING THE PAYMENT REQUIRED TO ESTABLISH FEDERAL CIVILIAN SERVICE AND TO PROVIDE THAT OTHER LIMITATIONS ON ESTABLISHING SERVICE CREDIT FOR MILITARY SERVICE CONTINUE TO APPLY AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Ways and Means

H. 4127 (Word version) -- Reps. Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS UNDER CERTAIN CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD SHALL INDEMNIFY THE STATE AGAINST LEGAL CLAIMS FILED AGAINST THE STATE DUE TO CERTAIN NEGLIGENT ACTS PERFORMED PURSUANT TO THIS SECTION.
Referred to Committee on Education and Public Works

H. 4128 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.
On motion of Rep. BOWERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 297 (Word version) -- Senators Wilson, Elliott and Ryberg: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY POSSESS AN OPEN CONTAINER IN CERTAIN PORTIONS OF A MOVING LIMOUSINE OR CHARTERED BUS.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 4129 (Word version) -- Rep. Fleming: A HOUSE RESOLUTION TO COMMEND LIEUTENANT EDDIE M. SMITH OF THE UNION COUNTY SHERIFF'S DEPARTMENT FOR TWENTY-FIVE YEARS OF DEDICATED SERVICE TO THE PEOPLE OF UNION COUNTY AND SOUTH CAROLINA AS A LAW ENFORCEMENT OFFICER, TO CONGRATULATE HIM ON A JOB WELL DONE ON THE OCCASION OF HIS RETIREMENT, AND TO EXTEND BEST WISHES TO LIEUTENANT SMITH AND HIS FAMILY IN ALL OF THEIR FUTURE ENDEAVORS.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4130 (Word version) -- Reps. Lee, Allison, Cobb-Hunter, Gamble, Gilham, Hinson, Martin, Meacham, Miller, Moody-Lawrence, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND NANCY RUTH MACE OF GOOSE CREEK FOR HER LEADERSHIP, EXEMPLARY CONDUCT, AND OUTSTANDING ACHIEVEMENTS WHILE A CADET AT THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA; TO CONGRATULATE NANCY RUTH MACE ON BECOMING THE FIRST FEMALE CADET TO GRADUATE FROM THE CITADEL AND FOR GRADUATING MAGNA CUM LAUDE; TO RECOGNIZE NANCY RUTH MACE AS THE CADET WHO SET THE STANDARD TO BE EMULATED BY ALL OTHER FEMALES WHO BECOME MEMBERS OF THE SOUTH CAROLINA CORPS OF CADETS; AND TO FURTHER RECOGNIZE NANCY RUTH MACE AS THE PROTOTYPE OF THE CITADEL WOMAN, AND A GENUINE SOURCE OF PRIDE TO HER ALMA MATER, TO SOUTH CAROLINA, AND TO WOMEN EVERYWHERE, AS SHE TAKES HER PLACE IN THE CITADEL'S DISTINGUISHED LONG GRAY LINE AS THE FIRST FEMALE CADET TO GRADUATE FROM THIS WORLD RENOWNED MILITARY COLLEGE.

Whereas, a new day has dawned at The Citadel, The Military College of South Carolina, with the graduation on Saturday, May 8, 1999, of Nancy Ruth Mace, the first female cadet to graduate from the once all-male distinguished military college; and

Whereas, Nancy Ruth Mace was born December 4, 1977, at Ft. Bragg, North Carolina, the daughter of Frances Anne Jamison Mace, Ed.D., and Brigadier General James Emory Mace, Sr., United States Army, Retired, a 1963 graduate of The Citadel and the current Commandant of Cadets; and

Whereas, Nancy Ruth Mace graduated from Stratford High School in Charleston in 1995, and spent the following year at a local community college. An outstanding student and fine athlete, Nancy Ruth Mace was by qualifications, instinct, and inclination a natural candidate for the rigors of life in the barracks as a cadet and member of the South Carolina Corps of Cadets. In August of 1996, Nancy Ruth Mace was one of four women who got her hair cut, donned cadet gray, joined her classmates as a "knob" in Band Company, and took her place in ranks as a member of the South Carolina Corps of Cadets who came to stay; and

Whereas, since June 28, 1996, when the Board of Visitors unanimously voted to admit women into the Corps, female cadets have become an increasing presence at The Citadel. The success of Cadet Nancy Ruth Mace proved inspirational to many other young women who aspired to attend The Citadel. Throughout the recruiting of qualified females by The Citadel, Cadet Mace was an asset in the college's efforts to assimilate women into the classroom, the barracks, and as full-fledged members of the Corps of Cadets; and

Whereas, as a cadet Nancy Ruth Mace excelled academically, graduating magna cum laude, with a cumulative grade point average of 3.678 and a 3.8 in her major, for which she was inducted into the business honor society. She was a member of Band Company and made an invaluable contribution to the Regimental Band as a musician. She was selected after her plebe year to serve on the cadre as a cadet corporal, training the next year's incoming freshmen. She represented The Citadel as a member of the color guard at the opening ceremonies when the South Carolina General Assembly hosted the Southern Legislative Conference in Charleston in August, 1998. She later held rank as a cadet officer within the Corps of Cadets and served as Band Company academic officer. She participated in the Bulldog and Bullpup mentoring program, helping incoming cadets adjust to the rigors of military life and the fourth class system; and

Whereas, leading by example, and through her sterling character, exemplary conduct, outstanding academic achievements, and high level of performance while a cadet at The Citadel, Nancy Ruth Mace set the standard for all other female cadets at The Citadel to emulate. The first female cadet to graduate from The Citadel, she is the first female cadet proto-graduate and the prototype of the Citadel woman. She is a source of pride to her parents, to her alma mater, to South Carolina, and to women everywhere. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, hereby commend Nancy Ruth Mace of Goose Creek for her leadership, exemplary conduct, and outstanding achievements while a cadet at The Citadel, The Military College of South Carolina; congratulate Nancy Ruth Mace on becoming the first female cadet to graduate from The Citadel and for graduating magna cum laude; recognize Nancy Ruth Mace as the female cadet who set the standard to be emulated by all other females who become members of the South Carolina Corps of Cadets at The Citadel; and further recognize Nancy Ruth Mace as the prototype of The Citadel woman and a genuine source of pride to her alma mater, to South Carolina, and to women everywhere, as she takes her place in The Citadel's distinguished long gray line and as the first female cadet to graduate from this world renowned military college.

Be it further resolved that a copy of this resolution be presented to Nancy Ruth Mace of Goose Creek.

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:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Neal J.M.
Ott                    Parks                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith D.               Smith F.
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Tripp
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 19.

Donald Allen                           Bill Cotty
Greg Delleney                          James Law
Dwight Loftis                          Joseph Neal
Denny Neilson                          Clementa Pinckney
Todd Rutherford                        Gary Simrill
Theodore Brown

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. MASON a leave of absence for the day.

SPECIAL PRESENTATION

Rep. BATTLE presented to the House the Mullins High School Lady "Auctioneers" Basketball Team, the 1998-99 Class AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HARVIN and KENNEDY presented to the House the Laurence Manning Academy Girls Basketball Team, the 1999 S.C. Independent School Association Class AAA Champions, their coaches, staff and other school officials.

POINT OF PERSONAL PRIVILEDGE

Rep. LANFORD arose to a point of personal privilege.

H. 4095 -- OBJECTION AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4095 (Word version) -- Reps. Neal, Howard and Scott: A BILL TO AMEND ACT 814 OF 1978, AS AMENDED, RELATING TO THE PER DIEM ALLOWANCE AND MILEAGE EXPENSE FOR TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICTS NUMBERS ONE AND TWO, SO AS TO INCREASE THE NUMBER OF MEETINGS PER YEAR FOR WHICH THE PER DIEM ALLOWANCE AND MILEAGE EXPENSE ARE AUTHORIZED TO BE PAID.

Rep. COTTY objected to the Bill.

Reps. HARRISON and QUINN requested debate on the Bill.

H. 4007 -- DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 25, which was adopted:

H. 4007 (Word version) -- Reps. Sheheen, G. Brown and Harris: A JOINT RESOLUTION TO REINSTATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 2002.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:

S. 598 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

S. 324 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.

SENT TO THE SENATE

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

H. 3392 (Word version) -- Reps. Gamble, Knotts, Whatley, Koon, Harrison and Riser: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS NECESSARY TO OFFER AS A CANDIDATE FOR SHERIFF, SO AS TO PROVIDE THAT SERVICE AS A CORONER FOR TEN YEARS SATISFIES THE SAME REQUIREMENT AS TEN YEARS OF SERVICE AS A SUMMARY COURT JUDGE.

H. 4087 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE A MAP REFERENCE ON WHICH THESE PRECINCTS ARE DELINEATED, CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY WITH THE APPROVAL OF THE LAURENS COUNTY LEGISLATIVE DELEGATION.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 247 (Word version) -- Senators Leatherman, McGill and Elliott: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.

S. 199 -- REQUEST FOR DEBATE AND DEBATE ADJOURNED

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

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Name PSD\7453AC99):
Amend the bill, as and if amended, by deleting Section 20-7-2910 on page 8, and inserting:
/ "Section 20-7-2910. ~~It shall be the responsibility of~~ The child day care operator to ~~notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of~~ shall submit a formal request for inspection of the child care facility to the department. The department to shall request ~~that the local~~ the appropriate state health and fire safety agencies to conduct an inspection of the facility ~~at least annually~~ before renewal of the registration and more often if necessary to ~~insure~~ ensure compliance with health and fire safety regulations. ~~If there be no local health and safety agencies to conduct the inspection, then the appropriate state agency will conduct the inspection.~~ The department shall register ~~any such~~ the day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with ~~such~~ these regulations and the requirements of Section 20-7-2900.

The applicable regulations ~~applied shall~~ must be the same health and fire safety regulations applied to other facilities regulated under this subarticle ~~as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes~~." /
Amend the bill further by deleting SECTION 12 and inserting:
/ SECTION 12. This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. M. HINES continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. M. HINES continued speaking.

Rep. F. SMITH requested debate on the Bill.

Rep. TRIPP moved to adjourn debate on the Bill until Tuesday, May 25, which was agreed to.

S. 564 -- DEBATE ADJOURNED

The following Bill was taken up:

S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.

Reps. SHARPE, WITHERSPOON and OTT proposed the following Amendment No. 2 (Doc Name GJK\AMEND\20733DJC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-27 of the 1976 Code is amended to read:

"Section 50-11-27. (A) For purposes of this section:

(1) 'Lake Murray' means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395.

(2) '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.

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

(B) It is unlawful to hunt migratory waterfowl on Lake Murray within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(C) From November 1 to February 1 of the following year, it is unlawful to bait, assist in or cause to be baited any of the waters of Lake Murray. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(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.

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.

Rep. W. MCLEOD moved to adjourn debate on the Bill until Thursday, May 20, which was agreed to.

S. 591 -- DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted:

S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.

ORDERED TO THIRD READING

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

S. 749 (Word version) -- Senator Passailaigue: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION ALLIED FORCE, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.
Rep. VAUGHN explained the Joint Resolution.

H. 4089 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.

S. 509 -- AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.

Rep. CARNELL proposed the following Amendment No. 2 (Doc Name KGH\AMEND\15681HTC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 9-9-40(3) of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:

"(3) As used in this item 'correlated system' shall mean one or more of the following:

(a) South Carolina Retirement System;

(b) South Carolina Police Officers' Retirement System;

If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount, under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system, and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers' Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least ~~sixty-five~~ sixty-two years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly System but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly System."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CARNELL explained the amendment.

Rep. COTTY moved to table the amendment, which was rejected by a division vote of 17 to 40.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. KELLEY and GOVAN proposed the following Amendment No. 3 (Doc Name KGH\AMEND\15722HTC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. There is established a State Retirement Study Committee consisting of eleven members as follows: three members of the House of Representatives appointed by the Speaker, three members of the Senate appointed by the President Pro Tempore of the Senate, three members appointed by the Governor who represent the Retirement Benefit Plan Industry and who have experience and expertise in working with retirement benefit plans, the Executive Director of the South Carolina State Employees Association or his designee, who shall serve as a nonvoting member, and the Director of the South Carolina Retirement System of the State Budget and Control Board, who shall serve as a nonvoting member. Any vacancy shall be filled by appointment in the same manner of original appointment. All members except the gubernatorial appointees shall serve ex officio. Members shall serve without compensation.

The committee shall conduct a comprehensive study of new and existing retirement benefits for all state employees. The study shall include a review of defined contribution plans, benefit options and other states' retirement benefit plans. The study shall address these issues with respect to both state and local government employers under the system. The South Carolina Retirement System of the State Budget and Control Board shall report to the study committee its revised actuarial requirements for service purchase costs.

The committee's findings and conclusions must be reported to the General Assembly no later than October 15, 1999.

The committee may call upon the services and resources of the State Budget and Control Board in the preparation of the study. The committee is abolished on the date it reports to the General Assembly or October 15, 1999, whichever is earlier.

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

Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name DKA\AMEND\3538MM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 9-11-10(6) of the 1976 Code is amended to read:

"(6) 'Police officer' ~~shall mean any~~ means a person who receives his salary from an employer and who is:

(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State.; ~~In all cases of doubt the Board shall determine whether any person is a police officer as defined herein.~~

(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.

Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."
SECTION 3. Section 24-1-280 of the 1976 Code is amended to read:

"Section 24-1-280. An ~~Employees~~ employee of the South Carolina Department of Corrections and the South Carolina Department of Juvenile Justice, while performing ~~their~~ his officially assigned ~~duties~~ duty relating to the custody, control, transportation, or recapture of ~~any~~ an inmate within the jurisdiction of ~~the~~ his department, or ~~any~~ an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision ~~thereof~~ of it not within the jurisdiction of ~~the~~ his department, ~~shall have~~ has the status of a peace ~~officers~~ officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of ~~such~~ the inmate."
SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 9-1-1670(C) in SECTION 1 do not apply to requests to the system to change its records which are pending on the effective date. /
Renumber sections to conform.
Amend title to conform.

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

Rep. J. SMITH proposed the following Amendment No. 5 (Doc Name PSD\AMEND\7521HTC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Subsections (A) and (B) of Section 9-1-1515 of the 1976 Code, as added by Act 559 of 1990, are amended to read:

"(A) In addition to other types of retirement provided by this chapter, a member who has attained the age of fifty-five years and who has at least twenty-five years of creditable service may elect early retirement. A member electing early retirement under this subsection shall apply in the manner provided in Section 9-1-1510. The benefits for a member electing early retirement under this subsection must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty.

(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. In addition to other types of retirement provided by this chapter, a member who has attained the age of fifty years and who has at least twenty-five years of creditable service, may elect to receive an early retirement allowance, if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. A member electing early retirement under this subsection shall apply in the manner provided in Section 9-1-1510. The benefits for a member electing early retirement under this subsection must be calculated in the manner provided in Section 9-1-1550, except that the retirement allowance is not reduced. The member's retirement must occur not more than ninety days after the date of payment." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 5, Rep. J. SMITH having the floor.

RECURRENCE TO THE MORNING HOUR

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

S. 509 -- AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. J. SMITH having the floor:

Rep. J. SMITH continued speaking.

The amendment was then adopted.

Rep. LANFORD proposed the following Amendment No. 6 (Doc Name KGH\AMEND\15713HTC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___A. The third unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:

"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service."
B. Section 9-9-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:

"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system under this title."
C. Section 9-11-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:

"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system under this title."
D. This section takes effect upon approval by the Governor and apply with respect to military service established in the state retirement systems on or after that date. /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. BALES and MARTIN proposed the following Amendment No. 7 (Doc Name DKA\AMEND\3550MM99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. The last unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as added by Act 87 of 1991, is amended to read:

"At retirement~~, after March 31, 1991,~~ a member shall receive credit for not more than ~~ninety~~ one hundred eighty days of his unused sick leave at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may ~~not~~ be used to qualify for retirement.

B. This section applies with respect to members of the South Carolina Retirement System retiring after June 30, 1999./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BALES explained the amendment.

POINT OF ORDER

Rep. EASTERDAY raised a Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
Rep. SCOTT argued that the amendment was germane to the Bill in that both dealt with benefits.
Rep. ROBINSON argued that the amendment was not germane to the Bill in that the Bill dealt with the ability of the State Retirement System to correct errors in records only and the amendment dealt with a change in the benefit plan.
Rep. GAMBLE argued that the amendment was germane to the Bill in that a previous amendment had been adopted that changed when you could draw benefits.
Rep. TRIPP stated that there were no Points of Order raised on the previously passed amendment.
Rep. QUINN argued that the amendment was not germane to the Bill in that the title of the Bill dealt with correction of errors by the State Retirement System.
SPEAKER PRO TEMPORE HASKINS stated that the amendment was not germane to the original title of the Bill, but Rule 9.3 only requires that it be germane to the original title in the event that the amendment strikes the entire Bill and inserts new language. He stated further that the Bill had been amended and in the amendment, the title was also amended therefore Amendment No. 7 would be germane to the title of the Bill and he overruled the Point of Order.

Rep. LANFORD spoke against the amendment.
Rep. GAMBLE spoke in favor of the amendment.
Rep. SIMRILL spoke in favor of the amendment.

Rep. LANFORD moved to table the amendment.

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

Yeas 14; Nays 87

Those who voted in the affirmative are:

Campsen                Cooper                 Dantzler
Easterday              Harrison               Hinson
Keegan                 Kelley                 Lanford
Law                    Littlejohn             Loftis
Riser                  Tripp

Total--14

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Barrett
Battle                 Beck                   Bowers
Breeland               Brown H.               Brown J.
Brown T.               Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Davenport
Delleney               Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harris
Harvin                 Hawkins                Hayes
Hines J.               Hines M.               Howard
Inabinett              Jennings               Kennedy
Kirsh                  Klauber                Knotts
Koon                   Leach                  Lee
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neal J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rice                   Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Vaughn
Webb                   Whatley                Wilder
Wilkes                 Witherspoon            Woodrum

Total--87

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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

H. 3641 -- AMENDED, OBJECTION, AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.

Rep. RODGERS moved to adjourn debate on the Bill until Tuesday, May 25.

Rep. R. SMITH moved to table the motion, which was agreed to.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3491MM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) The General Assembly finds that the State is undergoing tremendous economic and population growth. As this growth occurs, local governments find it difficult to marshal the financial resources to fund the public facilities needed to provide essential government services. The General Assembly further finds that an additional source of revenue needs to be made available to municipalities and counties to address growth issues. Fundamental fairness dictates that:

(1) the new revenue be spread fairly and equitably to those to whom the growth is attributable;

(2) existing and new residents and businesses pay for their proportionate shares of facilities they use; and

(3) growth and development not be unduly burdened or inhibited.
Public input and scrutiny of the imposition of a fee to accomplish these goals before its adoption by the local government is essential.

(B) In the enactment of this legislation authorizing the imposition of a local development impact fee, it is the General Assembly's intent to:

(1) avoid paying for the same service or improvement twice;

(2) provide for an efficient and economical process for adoption of the fee; and

(3) avoid inappropriate burdens on fee payors.
SECTION 2. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Article 9
Development Impact Fees

Section 6-1-910. This article may be cited as the 'South Carolina Development Impact Fee Act'.

Section 6-1-920. As used in this article:

(1) 'Affordable housing' means housing affordable to families whose incomes do not exceed eighty percent of the median income for the service area or areas within the jurisdiction of the governmental entity.

(2) 'Capital improvements' means improvements with a useful life of five years or more, by new construction or other action, which increase the service capacity of a public facility.

(3) 'Capital improvements plan' means a plan that identifies capital improvements for which development impact fees may be used as a funding source.

(4) 'Connection charges' and 'hookup charges' mean charges for the actual cost of connecting a property to a public water or public sewer system, limited to labor and materials involved in making pipe connections, installation of water meters, and other actual costs.

(5) 'Developer' means an individual or corporation, partnership, or other entity undertaking development.

(6) 'Development' means construction or installation of a new building or structure, or a change in use of a building or structure, any of which creates additional demand and need for public facilities. A building or structure shall include, but not be limited to, modular buildings and manufactured housing. 'Development' does not include alterations made to existing single-family homes.

(7) 'Development approval' means a document from a governmental entity which authorizes the commencement of a development.

(8) 'Development impact fee' or 'impact fee' means a payment of money imposed as a condition of development approval to pay a proportionate share of the cost of system improvements needed to serve the people utilizing the improvements. The term does not include:

(a) a charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development;

(b) connection or hookup charges;

(c) amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements;

(d) fees authorized by Article 3 of this chapter.

(9) 'Fee payor' means the individual or legal entity that pays or is required to pay a development impact fee.

(10) 'Governmental entity' means a county, as provided in Chapter 9, Title 4, and a municipality, as defined in Section 5-1-20.

(11) 'Incidental benefits' are benefits which accrue to a property as a secondary result or as a minor consequence of the provision of public facilities to another property.

(12) 'Land use assumptions' means a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a ten-year period.

(13) 'Level of service' means a measure of the relationship between service capacity and service demand for public facilities. (14) 'Local planning commission' means the entity created pursuant to Article 1, Chapter 29, Title 6.

(15) 'Project' means a particular development on an identified parcel of land.

(16) 'Proportionate share' means that portion of the cost of system improvements determined pursuant to Section 6-1-990 which reasonably relates to the service demands and needs of the project.

(17) 'Public facilities' means:

(a) water supply production, treatment, laboratory, engineering, administration, storage, and transmission facilities;

(b) waste water collection, treatment, laboratory, engineering, administration, and disposal facilities;

(d) roads, streets, and bridges including, but not limited to, rights-of-way and traffic signals;

(e) storm water transmission, retention, detention, treatment, and disposal facilities and flood control facilities;

(f) public safety facilities, including law enforcement, fire, emergency medical and rescue, and street lighting facilities.

(g) capital equipment and vehicles, with an individual unit purchase price of not less than one hundred thousand dollars including, but not limited to, equipment and vehicles used in the delivery of public safety services, emergency preparedness services, collection and disposal of solid waste, and storm water management and control.

(18) 'Service area' means, based on sound planning or engineering principles, or both, a defined geographic area in which specific public facilities provide service to development within the area defined.

(19) 'Service unit' means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements.

(20) 'System improvements' means capital improvements to public facilities which are designed to provide service to a service area.

(21) 'System improvement costs' means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering, and other costs attributable to the improvements, and also including the costs of providing additional public facilities needed to serve new growth and development. System improvement costs do not include:

(a) construction, acquisition, or expansion of public facilities other than capital improvements identified in the capital improvements plan;

(b) repair, operation, or maintenance of existing or new capital improvements;

(c) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards;

(d) upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development;

(e) administrative and operating costs of the governmental entity; or

(f) principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plan.

Section 6-1-930. (A) (1) Only a governmental entity that has a comprehensive plan, as provided in Chapter 29 of this title, and which complies with the requirements of this article may impose a development impact fee. If a governmental entity has not adopted a comprehensive plan, but has adopted a capital improvements plan which substantially complies with the requirements of this article, then it may impose a development impact fee. A governmental entity may not impose an impact fee, regardless of how it is designated, except as provided in this article.

(2) Before imposing a development impact fee on residential units, a governmental entity shall prepare a report which estimates the effect of recovering capital costs through impact fees on the availability of affordable housing within the political jurisdiction of the governmental entity.

(B)(1) An impact fee may be imposed and collected by the governmental entity only upon the passage of an ordinance approved by a positive majority, as defined in Article 3 of this chapter.

(2) The amount of the development impact fee must be based on actual improvement costs or reasonable estimates of the costs, supported by sound engineering studies.

(3) An ordinance authorizing the imposition of a development impact fee must:

(a) establish a procedure for timely processing of applications for determinations by the governmental entity of development impact fees applicable to all property subject to impact fees and for the timely processing of applications for individual assessment of development impact fees, credits, or reimbursements allowed or paid under this article;

(b) include a description of acceptable levels of service for system improvements; and

(C) A governmental entity shall prepare and publish an annual report describing the amount of all impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area.

(D) Payment of an impact fee may result in an incidental benefit to property owners or developers within the service area other than the fee payor, except that an impact fee that results in benefits to property owners or developers within the service area, other than the fee payor, in an amount which is greater than incidental benefits is prohibited.

Section 6-1-940. A governmental entity imposing an impact fee must provide in the impact fee ordinance the amount of impact fee due for each unit of development in a project for which an individual building permit or certificate of occupancy is issued. The governmental entity is bound by the amount of impact fee specified in the ordinance and may not charge higher or additional impact fees unless the number of service units increases or the scope of the development changes and the amount of additional impact fees is limited to the amount attributable to the additional service units or change in scope of the development. The impact fee ordinance must:

(1) include an explanation of the calculation of the impact fee, including an explanation of the factors considered pursuant to this article;

(2) specify the system improvements for which the impact fee is intended to be used;

(3) inform the developer that he may pay a project's proportionate share of system improvement costs by payment of impact fees according to the fee schedule as full and complete payment of the developer's proportionate share of system improvements costs;

(4) inform the fee payor that:

(a) he may negotiate and contract for facilities or services with the governmental entity in lieu of the development impact fee as defined in Section 6-1-1050;

(b) he has the right of appeal, as provided in Section 6-1-1030;

Section 6-1-950. (A) The governing body of a governmental entity begins the process for adoption of an ordinance imposing an impact fee by enacting a resolution directing the local planning commission to conduct the studies and to recommend an impact fee ordinance, developed in accordance with the requirements of this article.

(B) Upon receipt of the resolution enacted pursuant to subsection (A), the local planning commission shall develop, within the time designated in the resolution, and make recommendations to the governmental entity for a capital improvements plan and impact fees by service unit. The local planning commission shall prepare and adopt its recommendations in the same manner and using the same procedures as those used for developing recommendations for a comprehensive plan as provided in Article 3, Chapter 29, Title 6, except as otherwise provided in this article. The commission shall review and update the capital improvements plan and impact fees in the same manner and on the same review cycle as the governmental entity's comprehensive plan or elements of it.

Section 6-1-960. (A) The local planning commission shall recommend to the governmental entity a capital improvements plan which may be adopted by the governmental entity by ordinance. The recommendations of the commission are not binding on the governmental entity, which may amend or alter the plan. After reasonable public notice, a public hearing must be held before final action to adopt the ordinance approving the capital improvements plan. The notice must be published not less than thirty days before the time of the hearing in at least one newspaper of general circulation in the county. The notice must advise the public of the time and place of the hearing, that a copy of the capital improvements plan is available for public inspection in the offices of the governmental entity, and that members of the public will be given an opportunity to be heard.

(B) The capital improvements plan must contain:

(1) a general description of all existing public facilities, and their existing deficiencies, within the service area or areas of the governmental entity, a reasonable estimate of all costs, and a plan to develop the funding resources, including existing sources of revenues, related to curing the existing deficiencies including, but not limited to, the upgrading, updating, improving, expanding, or replacing of these facilities to meet existing needs and usage;

(2) an analysis of the total capacity, the level of current usage, and commitments for usage of capacity of existing public facilities, which must be prepared by a qualified professional using generally accepted principles and professional standards;

(3) a description of the land use assumptions;

(4) a definitive table establishing the specific service unit for each category of system improvements and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, agricultural, and industrial;

(5) a description of all system improvements and their costs necessitated by and attributable to new development in the service area, based on the approved land use assumptions, to provide a level of service not to exceed the level of service currently existing in the community or service area;

(6) the total number of service units necessitated by and attributable to new development within the service area based on the land use assumptions and calculated in accordance with generally accepted engineering or planning criteria;

(7) the projected demand for system improvements required by new service units projected over a reasonable period of time not to exceed twenty years;

(8) identification of all sources and levels of funding available to the governmental entity for the financing of the system improvements; and

(9) a schedule setting forth estimated dates for commencing and completing construction of all improvements identified in the capital improvements plan.

Section 6-1-970. The following structures or activities are exempt from impact fees:

(1) rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe;

(2) remodeling or repairing a structure that does not result in an increase in the number of service units;

(3) replacing a residential unit, including a manufactured home, with another residential unit on the same lot, if the number of service units does not increase;

(4) placing a construction trailer or office on a lot during the period of construction on the lot;

(5) constructing an addition on a residential structure which does not increase the number of service units;

(6) adding uses that are typically accessory to residential uses, such as a tennis court or a clubhouse, unless it is demonstrated clearly that the use creates a significant impact on the system's capacity; and

(7) all or part of a particular development project if:

(a) the project is determined to create affordable housing; and

(b) public policy which supports the exemption is contained in the governmental entity's comprehensive plan; and

(c) exempt development's proportionate share of system improvements is funded through a revenue source other than development impact fees.

Section 6-1-980. (A) The impact fee for each service unit may not exceed the amount determined by dividing the costs of the capital improvements by the total number of projected service units that potentially could use the capital improvement. If the number of new service units projected over a reasonable period of time is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee for each service unit must be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units by the total projected new service units.

(B) An impact fee must be calculated in accordance with generally accepted accounting principles.

Section 6-1-990. (A) The impact fee imposed upon a fee payor may not exceed a proportionate share of the costs incurred by the governmental entity in providing system improvements to serve the new development. The proportionate share is the cost attributable to the development after the governmental entity reduces the amount to be imposed by the following factors:

(1) appropriate credit, offset, or contribution of money, dedication of land, or construction of system improvements; and

(2) all other sources of funding the system improvements including funds obtained from economic development incentives or grants secured which are not required to be repaid.

(B) In determining the proportionate share of the cost of system improvements to be paid, the governmental entity imposing the impact fee must consider the:

(1) cost of existing system improvements resulting from new development within the service area or areas;

(2) means by which existing system improvements have been financed;

(3) extent to which the new development contributes to the cost of system improvements;

(4) extent to which the new development is required to contribute to the cost of existing system improvements in the future;

(5) extent to which the new development is required to provide system improvements, without charge to other properties within the service area or areas;

(6) time and price differentials inherent in a fair comparison of fees paid at different times; and

(7) availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation.

Section 6-1-1000. A developer required to pay a development impact fee may not be required to pay more than his proportionate share of the costs of the project, including the payment of money or contribution or dedication of land, or to oversize his facilities for use of others outside of the project without fair compensation or reimbursement.

Section 6-1-1010. (A) Revenues from all development impact fees must be maintained in one or more interest-bearing accounts. Accounting records must be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees must be considered funds of the account on which it is earned, and must be subject to all restrictions placed on the use of impact fees pursuant to the provisions of this article.

(B) Expenditures of development impact fees must be made only for the category of system improvements and within or for the benefit of the service area for which the impact fee was imposed as shown by the capital improvements plan and as authorized in this article. Impact fees may not be used for:

(a) a purpose other than system improvement costs to create additional improvements to serve new growth;

(b) a category of system improvements other than that for which they were collected; or

Section 6-1-1020. (A) An impact fee must be refunded to the owner of record of property on which a development impact fee has been paid if:

(1) the impact fees have not been expended within three years of the date they were scheduled to be expended on a first-in, first-out basis; or

(2) a building permit or permit for installation of a manufactured home is denied.

(B) When the right to a refund exists, the governmental entity shall send a refund to the owner of record within ninety days after it is determined by the entity that a refund is due.

(D) A person entitled to a refund has standing to sue for a refund pursuant to this article if there has not been a timely payment of a refund pursuant to subsection (B) of this section.

Section 6-1-1030. (A) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payor.

(B) A fee payor may pay a development impact fee under protest. A fee payor making the payment is not estopped from exercising the right of appeal provided in this article, nor is the fee payor estopped from receiving a refund of an amount considered to have been illegally collected. Instead of making a payment of an impact fee under protest, a fee payor, at his option, may post a bond or submit an irrevocable letter of credit for the amount of impact fees due, pending the outcome of an appeal.

(C) A governmental entity which adopts a development impact fee ordinance shall provide for mediation by a qualified independent party, upon voluntary agreement by both the fee payor and the governmental entity, to address a disagreement related to the impact fee for proposed development. Participation in mediation does not preclude the fee payor from pursuing other remedies provided for in this section or otherwise available by law.

Section 6-1-1040. A governmental entity may provide in a development impact fee ordinance the method for collection of development impact fees including, but not limited to:

(1) additions to the fee for reasonable interest and penalties for nonpayment or late payment;

(2) withholding of the certificate of occupancy, or building permit if no certificate of occupancy is required, until the development impact fee is paid;

(3) withholding of utility services until the development impact fee is paid; and

(4) imposing liens for failure to pay timely a development impact fee.

Section 6-1-1050. A fee payor and developer may enter into an agreement with a governmental entity, including an agreement entered into pursuant to the South Carolina Local Government Development Agreement Act, providing for payments instead of impact fees for facilities or services. That agreement may provide for the construction or installation of system improvements by the fee payor or developer and for credits or reimbursements for costs incurred by a fee payor or developer including interproject transfers of credits or reimbursement for project improvements which are used or shared by more than one development project. An impact fee may not be imposed on a fee payor or developer who has entered into an agreement as described in this section.

Section 6-1-1060. (A) The provisions of this article do not repeal existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. A development impact fee adopted in accordance with existing laws before the enactment of this article is not affected until termination of the development impact fee. A subsequent change or reenactment of the development impact fee must comply with the provisions of this article. Requirements for developers to pay in whole or in part for system improvements may be imposed by governmental entities only by way of impact fees imposed pursuant to the ordinance.

(B) Notwithstanding another provision of this article, property for which a valid building permit or certificate of occupancy has been issued or construction has commenced before the effective date of a development impact fee ordinance is not subject to additional development impact fees.

Section 6-1-1070. (A) If the proposed system improvements include the improvement of public facilities under the jurisdiction of another unit of government including, but not limited to, a special purpose district that does not provide water and waste water utilities, a school district, and a public service district, an agreement between the governmental entity and other unit of government must specify the reasonable share of funding by each unit. The governmental entity authorized to impose impact fees may not assume more than its reasonable share of funding joint improvements, nor may a governmental entity which is not authorized to impose impact fees do so unless the expenditure is pursuant to an agreement under Section 6-1-1050 of this section.

(B) A governmental entity may enter into an agreement with another unit of government including, but not limited to, a special purpose district that does not provide water and waste water utilities, a school district, and a public service district, that has the responsibility of providing the service for which an impact fee may be imposed. The determination of the amount of the impact fee for the contracting governmental entity must be made in the same manner and is subject to the same procedures and limitations as provided in this article. The agreement must provide for the collection of the impact fee by the governmental entity and for the expenditure of the impact fee by another unit of government including, but not limited to, a special purpose district that does not provide water and waste water utilities, a school district, and a public services district unless otherwise provided by contract.

Section 6-1-1080. (A) The provisions of this chapter do not apply to a development impact fee imposed by a governmental entity for water or waste water utilities, or both, except that for a governmental entity to impose a development impact fee for water or waste water utilities, or both, the governmental entity must:

(1) have a capital improvements plan before imposition of the development impact fee; and

(2) prepare a report to be made public before imposition of the development impact fee, which shall include, but not be limited to, an explanation of the basis, use, calculation, and method of collection of the development impact fee; and

(3) enact the fee in accordance with the requirements of Article 3 of this chapter.

(B) This section does not create, grant, or confer any new or additional taxing authority to a governmental entity for water or waste water utilities, or both of them.

Section 6-1-1090. A county development impact fee ordinance imposed in an area which is annexed by a municipality is not affected by this article until the development impact fee terminates, unless the municipality assumes any liability which is to be paid with the impact fee revenue."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. R. SMITH proposed the following Amendment No. 3 (Doc Name GJK\AMEND\20652DJC99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, in Section 6-1-920(2) of the 1976 Code, as contained in SECTION 2, by inserting after /increase/ on line 18 /or increased/. When amended 6-1-920(2) shall read:

"(2) 'Capital improvements' means improvements with a useful life of five years or more, by new construction or other action, which increase or increased the service capacity of a public facility."
Amend the report further, as and if amended, in Section 6-1-920(18), page 3641-4, by adding a new sentence at the end: /Provided, however, that no provision in this article may be interpreted to alter, enlarge, or reduce the service area or boundaries of a political subdivision which is authorized or set by law./ When amended Section 6-1-920(18) shall read:

"(18) 'Service area' means, based on sound planning or engineering principles, or both, a defined geographic area in which specific public facilities provide service to development within the area defined. Provided, however, that no provision in this article may be interpreted to alter, enlarge, or reduce the service area or boundaries of a political subdivision which is authorized or set by law."
Amend the report further, as and if amended, in Section 6-1-930(A)(1), page 3641-5, by deleting lines 6 and 7 and inserting /plan which substantially complies with the requirements of Section 6-1-960(B), then it may impose a development impact fee. A/. When amended Section 6-1-930(A)(1) shall read:

"(1) Only a governmental entity that has a comprehensive plan, as provided in Chapter 29 of this title, and which complies with the requirements of this article may impose a development impact fee. If a governmental entity has not adopted a comprehensive plan, but has adopted a capital improvements plan which substantially complies with the requirements of Section 6-1-960(B), then it may impose a development impact fee. A governmental entity may not impose an impact fee, regardless of how it is designated, except as provided in this article."
Amend the report further, as and if amended, in that portion of the section which precedes item (1) of Section 6-1-940, page 3641-6, by inserting after /fees/ on line 7, /for the same purpose/. When amended that portion of the section which precedes item (1) of Section 6-1-940 shall read:
"A governmental entity imposing an impact fee must provide in the impact fee ordinance the amount of impact fee due for each unit of development in a project for which an individual building permit or certificate of occupancy is issued. The governmental entity is bound by the amount of impact fee specified in the ordinance and may not charge higher or additional impact fees for the same purpose unless the number of service units increases or the scope of the development changes and the amount of additional impact fees is limited to the amount attributable to the additional service units or change in scope of the development. The impact fee ordinance must:"
Amend the report further, as and if amended, in Section 6-1-960(B)(4), page 3641-7, by inserting after /industrial/ on line 37 /, as appropriate/. When amended Section 6-1-960(B)(4) shall read:

"(4) a definitive table establishing the specific service unit for each category of system improvements and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, agricultural, and industrial, as appropriate;"
Amend the report further, as and if amended, in Section 6-1-960(B)(5), page 3641-7, by inserting after /area/ on line 42 /, unless a different or higher level of service is required by law, court order, or safety consideration/. When amended Section 6-1-960(B)(5) shall read:

"(5) a description of all system improvements and their costs necessitated by and attributable to new development in the service area, based on the approved land use assumptions, to provide a level of service not to exceed the level of service currently existing in the community or service area, unless a different or higher level of service is required by law, court order, or safety consideration;"
Amend the report further, as and if amended, by striking Section 6-1-1080 and inserting:

/Section 6-1-1080. The provisions of this chapter do not apply to a development impact fee imposed by a city, county, commissioners of public works, or special purpose district for water or wastewater utilities, or both, except that for city, county, commissioners of public works, or special purpose district to impose a development impact fee for water or wastewater utilities, or both, the city, county, commissioners of public works, or special purpose district must:

(1) have a capital improvements plan before imposition of the development impact fee; and

(3) enact the fee in accordance with the requirements of Article 3 of this chapter./
Amend the report, as and if amended, on page 3641-13 immediately following Section 6-1-1090 by adding:

/Section 6-1-2000 . This article shall not create, grant, or confer any new or additional taxing or revenue raising authority to a political subdivision which was not specifically granted to that entity by a previous act of the General Assembly.

Section 6-1-2010. Compliance with any requirement for public notice or public hearing in this article is considered to be in compliance with any other public notice or public hearing requirement otherwise applicable including, but not limited to, the provisions of Chapter 4, Title 30, and Article 3 of this chapter./
Renumber sections to conform.
Amend totals and title to conform.

Rep. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 4 (Doc Name B21\3641.1), which was adopted.
Amend the bill, as and if amended, by striking Section 1.
Renumber sections to conform.
Amend totals and title to conform.

Rep. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. J. SMITH objected to the Bill.

Rep. R. SMITH proposed the following Amendment No. 2 (Doc Name DKA\AMEND\3505MM99), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, Section 6-1-920(2), SECTION 2, page 3641-2, by inserting after / increase / on line 18 / or increased /.
Amend further, Section 6-1-1080(A), SECTION 2, page 3641-12, by deleting lines 40, 41, 42, and 43, and inserting:
/ apply to a development impact fee imposed by a city, county, commissioners of public works, or special purpose district for water or waste water utilities, or both, except that for city, county, commissioners of public works, or special purpose district to impose a development impact fee for water or waste water utilities, or both, the city, county, commissioners of public works, or special purpose district must: /
Amend title to conform.

Rep. R. SMITH moved to table the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. KIRSH proposed the following Amendment No. 5 (Doc Name PT\AMEND\1548DW99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-90. (A) For purposes of this section:

(1) 'impact fee' means charges levied by local governments against new developments to generate revenue for capital funding necessitated by that development; and

(2) 'local government' means a county, municipality, special purpose district or public service district, or any other body authorized to levy tax or fees for any of these entities.

(B) A local government may not impose an impact fee."
SECTION 2. The provisions of Section 6-1-90 of the 1976 Code, as added by this act, do not apply to any impact fee otherwise prohibited imposed before the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. R. SMITH moved to table the amendment, which was agreed to.

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

H. 3826 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9245SOM99), which was adopted.
Amend the bill, as and if amended, in SECTION 1, page 1, by deleting lines 37 and 38 of subsection (2) which reads: / (2) It is unlawful to sell or hold for sale a package of cigarettes if: / and inserting:

/ (2) It is unlawful to sell, hold for sale, or distribute a package of cigarettes if: /
Amend the bill further in SECTION 1, page 2, by deleting subsections (3), (4), and (5) on lines 15-29 and inserting:

/(3) A person who knowingly sells, holds for sale, or distributes cigarette packages in violation of subsection (2) is guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than three years or fined not more than one thousand dollars, or both.

(4) In addition to the other penalties provided by law, law enforcement may seize and destroy or sell to the manufacturer, for export only, any packages described in subsection (2). /
Amend title to conform.

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

Rep. BATTLE proposed the following Amendment No. 2 (Doc Name GJK\AMEND\20693SD99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. This act takes effect January 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 150 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22334CM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-1815 of the 1976 Code is amended to read:

"Section 56-3-1815. The department may issue a special motor vehicle license ~~plates~~ plate to a retired ~~members~~ member of the South Carolina National Guard, ~~if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General~~ and may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle owned or leased by a member or a retiree only after the current stock of South Carolina Guard, National Guard, and South Carolina National Guard Retired license plates is exhausted."
SECTION 2. Section 56-3-1820 of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:

"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted '~~National guard' and~~ the figure of the 'Minute Man' with numbers, ~~the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department~~ or letters, or both, as determined by the department. The license plate must provide a space on the top of the plate to afix a decal indicating 'National Guard', 'Retired National Guard', 'Air National Guard', or 'State Guard'. This license plate must be issued only after the current stock of South Carolina State Guard, National Guard, and South Carolina National Guard Retired license plates is exhausted. The biennial fee for the special license ~~plates~~ plate is the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."
SECTION 3. Section 56-3-1830 of the 1976 Code is amended to read:

"Section 56-3-1830. license plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned or leased by the same person upon application being made therefor and approved by the department. It is unlawful for any person to whom the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the department. If a holder of a special license ~~plates~~ plate ceases to be an active member of the National Guard or the State Guard, he ~~shall~~ immediately shall return the plates to the department."
SECTION 4. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 78
License Plates on Behalf of the H. L. Hunley Submarine

Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution of these funds is sixty dollars to the Hunley Commission and forty dollars to the department for each license plate sold.

(D) Before the department produces and distributes a license plate authorized under this section, it must receive at least four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this subsection, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that individual's or organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit."
SECTION 5. Section 56-3-620 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of ~~five~~ six thousand pounds or less is thirty dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.

(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section."
SECTION 6. Section 56-3-630 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of ~~five~~ six thousand pounds or less and a gross weight of ~~eight~~ nine thousand pounds or less. This section does not relieve or negate any applicable fees required under Section 56-3-660."
SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 81
Nonprofit Organization License Plates

Section 56-3-8000. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to Section 501(C)(3) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.

The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B) Before the department produces and distributes a plate authorized under this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.

(D) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E) License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.

(F) Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the 'Special License Plate Fund'. Monies credited to the fund may only be expended to defray the costs of this section.

(G) Before a design is approved, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design.

(H) The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards. If the department alters, modifies, or refuses to produce a special license plate, the organization or individual applying for the license plate may appeal the department's decision to a special joint legislative committee. This committee shall be comprised of two members from the House Education and Public Works Committee, two members from the Senate Transportation Committee.
Appointments to the Joint Legislative Committee shall be made by the chairmen of the House Education and Public Works Committee and the Senate Transportation committee. The department's decision may be reversed by a majority of the joint legislative committee. If the committee reverses the department's decision, the department must issue the license plate pursuant to the committee's decision. However, the provision contained in subitem (B) of this section also must be met."
SECTION 8. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 82
Special License Plates
Production and Distribution guidelines

Section 56-3-8100. (A) Before the Department of Public Safety produces and distributes a special license plate created by the General Assembly after January 1, 2000, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(B) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.

(C) If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, title 56; Article 45, chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, title 56, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 9. Section 56-3-3710(A) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(A) The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol ~~not more than once every five years~~ once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 10. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 51
South Carolina: First in Golf License Plates

Section 56-3-5200. (A) The department may issue a special 'South Carolina: First In Golf' motor vehicle license plate to establish a special fund to be used by the Department of Parks, Recreation and Tourism to provide grants to promote the South Carolina Junior Golf Association.

The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. The special license plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina: First in Golf'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) The fees collected pursuant to this section must be distributed to a special 'South Carolina: First In Golf' fund established within and administered by the Department of Parks, Recreation and Tourism to promote the South Carolina Junior Golf Association. The distribution is thirty dollars to the department and forty dollars to the fund.

(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 11. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 73
Fraternity and Sorority License Plates

Section 56-3-7750. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate to a certified service fraternity or sorority. A fraternity or sorority may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, however, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. A fraternity or sorority also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective fraternities or sororities. Each fund must be administered by the fraternity or sorority and may be used only for academic scholarships. Funds collected for each fraternity or sorority must be deposited in an account designated by the fraternity or sorority. The distribution is thirty dollars to the department and forty dollars to the respective fund.

(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 12. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 83
Rotary International Special License Plates

Section 56-3-8200. (A) The Department of Public Safety may issue motor vehicle license plates to members of Rotary International for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 13. Chapter 3, title 56 of the 1976 Code is amended by adding:

"Article 84
Marine Corps League Special License Plates

Section 56-3-8300. (A) The department of Public Safety may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. The fee for this special plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 14. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 85
Lions Club Special License Plates

Section 56-3-8400. (A) The department of Public Safety may issue special motor vehicle license plates to members of the Lions Club for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. if a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 15. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 58
County Veterans Affairs Officers Special License plates

Section 56-3-7000. The department may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7010. The special plates must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'County Veterans Affairs Officer' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."
SECTION 16. Sections 56-3-4710, 56-3-4720, 56-3-4730, and 56-3-4740 of the 1976 Code, are repealed once the existing supply of South Carolina State Guard license plates is exhausted.
SECTION 17. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3086 -- DEBATE ADJOURNED

Rep. FLEMING moved to adjourn debate upon the following Bill, which was adopted:

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.

H. 3075 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3075 (Word version) -- Reps. Limehouse, Edge, Simrill and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7524HTC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-530. The State Law Enforcement Division shall develop and maintain a protocol manual to be used by contributing agencies in the administration of the sex offender registry."
SECTION 2. Section 23-3-490(A) and (C) of the 1976 Code, as last amended by Act 384 of 1998, are further amended to read:

"(A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding ~~a specific person or~~ persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full names of the ~~requested~~ registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The sheriff must provide to a newspaper with general circulation within the county a listing of the registry for publication.
(C) Nothing in subsection (A) or in Section 23-3-485 prohibits a sheriff from disseminating information contained in ~~that~~ subsection (A) regarding ~~a specific person~~ persons who is are required to register under this article if the sheriff or another law enforcement officer has reason to believe the release of this information will deter criminal activity or enhance public safety." /
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 177 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 177 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9357SOM99), which was adopted.
Amend the bill, as and if amended, by striking lines 18-27 and inserting:

/ Whereas, the spiritual is a song originating in the slave era that deals primarily with a religious or sacred theme; and

Whereas, it is proper to make the spiritual the official South Carolina music because Charleston was a major port of entry for slaves in North America; and

Whereas, much of this music originated along the coastal regions of South Carolina; and
Whereas, the spiritual was passed down orally for many years and first committed to writing in South Carolina on St. Helena Island by a freed black woman and a white Union Army officer during the Civil War; and

Whereas, the publication of an 1867 book on slave songs was the result of the work done by an educational mission on the Port Royal islands in 1861; and

Whereas, the earliest known spirituals were taken from passages of the Bible; and

Whereas, some well-known examples of spirituals are "Swing Low, Sweet Chariot", "Steal Away to Jesus", "Nobody Knows the Trouble I've Seen", "Roll, Jordan, Roll", "Wade in the Water", "Come by Here Lord, Come by Here", "This Little Light of Mine", "Sometimes I Feel Like a Motherless Child", "Go Down, Moses", "He's Got the Whole World in His Hands", and "Follow the Drinking Gourd"; and

Whereas, Booker T. Washington probably best described spirituals as "... the spontaneous outbursts of intense religious fervor... having their origin chiefly in the camp meetings, the revivals and in other religious gatherings ... the music of these songs goes to the heart because it comes from the heart..."; and

Whereas, those South Carolinians who perform the "Gullah Shout" state that spirituals are key to getting the rhythm for the "Shout"; and

Whereas, in old spirituals style, a leader improvises the text, time, and melody and other singers respond by repeating short phrases, and this traditional West African singing style is referred to as leader-chorus or call-and-response; and

Whereas, the legacy of spirituals is still evident in African-American communities where the "talking back" or call and response heard among churchgoers comes directly from slave songs and spirituals; and

Whereas, for many South Carolina citizens, the spirituals were the first songs they learned; and

Whereas, singing a spiritual is one way of honoring one's past and lineage; and

Whereas, although spirituals are not literature, the Norton Anthology of African American Literature signaled their importance by opening up the anthology with a chapter entitled "The Vernacular Tradition" and spirituals are the first discussed oral tradition of black expression; and

Whereas, the origin and development of the spiritual is deeply rooted in this State; and

Whereas, all South Carolinians, from the Piedmont to the Lowcountry and from the Savannah River to the Pee Dee, love to sing spirituals; and

Whereas, all South Carolinians have a desire to recognize this unique and important part of the history, culture, and heritage that we proudly proclaim is South Carolina. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 1-1-688. The spiritual is the official music of the State."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. CAMPSEN 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:

H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
Rep. CAMPSEN explained the Bill.

S. 814 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.

S. 118 -- REQUESTS FOR DEBATE

The following Bill was taken up:

S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

Rep. SHARPE explained the Bill.

Rep. MOODY-LAWRENCE moved to table the Bill.

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

Yeas 25; Nays 68

Those who voted in the affirmative are:

Askins                 Bowers                 Breeland
Brown G.               Carnell                Edge
Hinson                 Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Lee                    Lucas                  Mack
McLeod W.              McMahand               Moody-Lawrence
Riser                  Seithel                Sheheen
Whipper                Wilder                 Wilkes
Young-Brickell

Total--25

Those who voted in the negative are:

Allen                  Allison                Bailey
Bales                  Barfield               Barrett
Battle                 Brown H.               Brown J.
Cato                   Cobb-Hunter            Cotty
Davenport              Delleney               Emory
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harris
Harrison               Haskins                Hayes
Hines M.               Howard                 Jennings
Klauber                Knotts                 Koon
Leach                  Littlejohn             Lloyd
Loftis                 Lourie                 Maddox
McCraw                 McGee                  Meacham
Miller                 Neal                   Neal J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Rice
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Sharpe
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Stuart
Taylor                 Tripp                  Vaughn
Webb                   Whatley                Wilkins
Witherspoon            Woodrum

Total--68

So, the House refused to table the Bill.

Reps. MOODY-LAWRENCE, F. SMITH, MCMAHAND, LEE, HINSON, KENNEDY, WITHERSPOON, KELLEY, EDGE, DAVENPORT, J. HINES and BARRETT requested debate on the Bill.

S. 528 -- REQUESTS FOR DEBATE WITHDRAWN, REQUEST FOR DEBATE AND INTERRUPTED DEBATE

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

S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT, WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM, NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT, WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE.

Rep. F. SMITH requested debate on the Bill.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20660DJC99):
Amend the bill, as and if amended, by striking Section 50-21-10(2) of the 1976 Code as contained in SECTION 2 and inserting:

/~~(21)~~(20) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of one thousand dollars./
Amend the bill furhter, as and if amended, in Section 50-21-10, page 9, by adding an appropriately numbered item to read:

/( ) "Water craft" means any motorboat, boat, personal watercraft or vessel. It does not include water skis, aquaplanes, surfboards or other similar devices. /
Amend the bill furhter, as and if amended, in Section 50-21-112(C), beginning on page 13 and inserting:

/(C) Any person convicted of operating a water device in violation of subsection (A), in addition to any other penalties, must be prohibited by the department from operating any water device within this State for six months for the first conviction, one year for the second conviction, and two years for the third conviction. Only those violations, which occurred within ten years including and immediately preceding the date of the last violation, shall constitute prior violations within the meaning of this section.

A person whose privilege is suspended under the provisions of this section must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the privilege. An assessment of the ~~degree~~ extent and nature of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of privileges to the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. The Departmet of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment.. The cost of services must be within the limits set forth in Section 56-5-2990 (C) No applicant may be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining of the applicant has successfully completed services. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program and if further needed by the Department of Alcohol and Other Drug Abuse Services.

The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to reinstating the privilege, or otherwise. The procedures must be consistent with the confidentiality laws of this State and the United States.

A person convicted under this section, in addition to any other penalties, shall be required by the department to attend and complete a boating safety education program approved by the department. The person required to attend the program shall reimburse the department for the expense of the program. The person's privilege to operate a water device within this State shall be suspended until successful completion of the required program./
Amend the bill further, as and if amended, by striking Sections 15 and 16 on page 25 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. WITHERSPOON 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. WITHERSPOON having the floor.

MOTION REJECTED

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

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 60 from the Committee on Judiciary.
Rep. HARRISON objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3197 from the Committee on Judiciary.
Rep. HARRISON objected.

OBJECTION TO RECALL

Rep. ALLISON asked unanimous consent to recall H. 3750 from the Committee on Ways and Means.
Rep. SHEHEEN objected.

OBJECTION TO RECALL

Rep. SHARPE asked unanimous consent to recall S. 702 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 80 from the Committee on Ways and Means.
Rep. KOON objected.

H. 3960 -- SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.

Reps. SHARPE and BARFIELD proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20732DJC99), which was adopted.
Amend the bill, as and if amended, in Section 50-13-1187(A) of the 1976 Code, as contained in SECTION 1, line 28, by striking /(B),/ and inserting /(B) and (C),/
Renumber sections to conform.
Amend totals and title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

S. 379 -- POINT OF ORDER

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

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

POINT OF ORDER

Rep. RICE 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.

H. 3833 -- POINT OF ORDER

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

H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.

POINT OF ORDER

Rep. ROBINSON 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.

H. 3777 -- POINT OF ORDER

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

H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.

POINT OF ORDER

Rep. COBB-HUNTER 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.

H. 4095 -- COMMITTED

The following Bill was taken up:

Rep. COTTY moved to commit the Bill to the Richland Delegation, which was agreed to.

H. 3416 -- AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3416 (Word version) -- Reps. Rodgers, Lloyd, Chellis, Clyburn, Kelley, Altman, Sandifer, Gilham, Harris, Kennedy, Martin, Seithel, Taylor, Hayes, McGee, Ott, Stuart, Neilson, Stille, Davenport, R. Smith, Wilkins, Dantzler, Gourdine, Beck, Riser, Bowers, Barrett, Young-Brickell, Hinson, Jennings, Whipper, Phillips, Lucas and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PURPLE HEART HIGHWAY AS A MEANS OF HONORING COMBAT-WOUNDED VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART MEDAL, TO ERECT APPROPRIATE MARKERS OR SIGNS TO INDICATE THIS, AND TO REQUEST THE GOVERNOR OF THIS STATE TO ISSUE A PROCLAMATION ESTABLISHING THE PURPLE HEART HIGHWAY ON FEBRUARY 22, 2000, AND DIRECTING THE ASSISTANCE OF THE DEPARTMENT OF VETERANS AFFAIRS, THE DEPARTMENT OF TRANSPORTATION, AND OTHER STATE AGENCIES AS MAY BE IN ORDER TO PROVIDE ASSISTANCE IN THE DEDICATION AND ESTABLISHMENT OF THE HIGHWAY.

Whereas, the Military Order of the Purple Heart of the USA in the State of South Carolina desires to promote principles and objectives of patriotism, fraternalism, history, and education among the people of the State; and

Whereas, these principles and objectives of the Order can be expressed in perpetuating the ideals and heritage fostered by George Washington, who, as the General commanding the military forces of America during the Revolutionary War, established and awarded the Purple Heart decoration; and

Whereas, it is a tradition to honor national heroes and patriots by naming national and state landmarks for them; and

Whereas, the opportunity exists in the State of South Carolina for the citizenry to include, for purposes of this tradition, combat-wounded veterans (both deceased and living) who are recipients of the Purple Heart Medal, which was established by General Washington on August 7, 1782, at Newburgh-on-the-Hudson following the American victory over British forces at the Battle of Yorktown; and

Whereas, the State of South Carolina and the United States government have highway systems in the Palmetto State that are conducive to the establishment of a memorial highway to recognize the heritage of General Washington and the recipients of the Purple Heart decoration. Now, therefore,

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

That the General Assembly requests the State Department of Transportation and the federal government to establish a Purple Heart Highway as a means of honoring combat-wounded veterans (both deceased and living) who are recipients of the Purple Heart Medal and to erect appropriate markers or signs to this effect.

Be it further resolved that the Purple Heart Highway be designated to start at the South Carolina - Georgia line, extending northward to the South Carolina - North Carolina line and south to the South Carolina - Georgia line.

Be it further resolved that the Governor of the State of South Carolina is requested to issue a proclamation establishing the Purple Heart Highway on February 22, 2000, anniversary of the birth of the founder of the Purple Heart, General George Washington, and directing the assistance of the State Department of Veterans Affairs, the Department of Transportation, and other state agencies as may be required in order to provide assistance in the dedication and the establishment of the highway.

Be it further resolved that the South Carolina Department of Transportation shall, with the assistance of representatives from the Military Order of the Purple Heart, design and place appropriate signage near the South Carolina-Georgia and South Carolina-North Carolina state lines and at the intersections of Interstate Highway 95 and Interstate Highways 20 and 26.

Be it further resolved that an appropriate ceremony opening the Purple Heart Highway be held on George Washington's birthday on the north side of the State House in the year 2000 and that subsequent ceremonies be held at the actual placement of signs or markers to our combat-wounded veterans as would be appropriate at the actual dedication of these highways.

Be it further resolved that copies of this resolution be forwarded to the Governor of the State of South Carolina, the State Department of Transportation, the State Department of Veterans Affairs, and the appropriate federal agencies and officials.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name PT\AMEND\1537DW99), which was adopted.
Amend the concurrent resolution, as and if amended, page two, beginning on line 15 by striking all after the resolving clause and inserting:
/ That the General Assembly requests the State Department of Transportation and the federal government to establish a Purple Heart Highway as a means of honoring combat-wounded veterans (both deceased and living) who are recipients of the Purple Heart Medal and to erect appropriate markers or signs to this effect.
Be it further resolved that the Purple Heart Highway be designated to start at the South Carolina - Georgia line, extending northward to the South Carolina - North Carolina line and south to the South Carolina - Georgia line.
Be it further resolved that the Governor of the State of South Carolina is requested to issue a proclamation establishing the Purple Heart Highway on February 22, 2000, anniversary of the birth of the founder of the Purple Heart, General George Washington, and directing the assistance of the state Department of Veterans Affairs, the Department of Transportation, and other state agencies as may be required in order to provide assistance in the dedication and the establishment of the highway.
Be it further resolved that the South Carolina Department of Transportation shall, with the assistance of representatives from the Military Order of the Purple Heart, design and place appropriate signage near the South Carolina-Georgia and South Carolina-North Carolina state lines and at the intersections of Interstate Highway 95 and Interstate Highways 20 and 26.
Be it further resolved that an appropriate ceremony opening the Purple Heart Highway be held on George Washington's birthday on the north side of the State House in the year 2000 and that subsequent ceremonies be held at the actual placement of signs or markers to our combat-wounded veterans as would be appropriate at the actual dedication of these highways.
Be it further resolved that copies of this resolution be forwarded to the Governor of the State of South Carolina, the State Department of Transportation, the State Department of Veterans Affairs, and the appropriate federal agencies and officials. /
Amend title to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

H. 3860 -- DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3860 (Word version) -- Reps. Knotts, Whatley, Davenport, Littlejohn and Stille: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PASS LEGISLATION TO STRENGTHEN THE OVERSIGHT POWER AND THE AUTHORITY OF THE POSTAL RATE COMMISSION, PARTICULARLY WITH RESPECT TO THE UNITED STATES POSTAL SERVICE, AND DIRECTING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO UNDERTAKE AN ANALYSIS TO QUANTIFY THE IMPACT OF LOST TAXES AND FEES NOT BEING COLLECTED BY SOUTH CAROLINA STATE AND LOCAL AGENCIES BECAUSE OF THE POSTAL SERVICE'S SPECIAL STATUS AND TO REPORT THE FINDINGS OF THIS ANALYSIS TO THE GENERAL ASSEMBLY ANNUALLY.

Rep. WHATLEY moved to adjourn debate on the Resolution until Thursday, May 20, which was agreed to.

S. 573 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 573 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME ROAD S-14-547 IN CLARENDON COUNTY BETWEEN HIGHWAY 260 AND ROAD S-14-25 AS "JOSEPH LEMON AND DINGLE ROAD" IN HONOR OF THE LATE JOSEPH LEMON AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THE DESIGNATION.

Whereas, the late Joseph Lemon was a widely respected community and civil rights leader in Clarendon County and the State of South Carolina; and

Whereas, he touched the lives of thousands of people including many young people who have a better education and more opportunities today because of him; and

Whereas, it is entirely fitting that Road S-14-547 which runs in front of the historic Lemon home be named in honor of this outstanding man and that appropriate markers or signs be placed thereon reflecting this designation. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Department of Transportation to name Road S-14-547 in Clarendon County between Highway 260 and Road S-14-25 as "Joseph Lemon and Dingle Road" in honor of the late Joseph Lemon and to place appropriate markers or signs on this road reflecting the designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 4083 -- ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4083 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY HARRIS, AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Whereas, the late Jean Laney Harris of Cheraw served with distinction in the South Carolina House of Representatives for eighteen years until her untimely death in January 1997; and

Whereas, Representative Harris was a strong, effective advocate for District 53, an ardent supporter of the arts, an outstanding individual, and a beloved colleague and friend; and

Whereas, she was dearly loved, admired, and respected, and she is greatly missed by her devoted family and many, many friends and associates; and

Whereas, it is proper and fitting that her memory be honored by naming Alternate Truck Route 9 in the vicinity of Cheraw "Jean Laney Harris Boulevard". Now, therefore,

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

That the General Assembly, by this resolution, requests the Department of Transportation to name that portion of South Carolina Highway 9 Alternate Truck Route in the vicinity of the town of Cheraw in Chesterfield County "Jean Laney Harris Boulevard" in memory of our late colleague and friend, Representative Jean Laney Harris, and requests that appropriate markers or signs be erected to that effect.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Jean Laney Harris of Cheraw.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. RICE.

Rep. HASKINS moved that the House do now adjourn.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 25; Nays 75

Those who voted in the affirmative are:

Bales                  Barrett                Beck
Brown H.               Carnell                Cotty
Easterday              Fleming                Hamilton
Haskins                Hawkins                Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  McGee
Rice                   Robinson               Sheheen
Simrill                Smith D.               Townsend
Tripp

Total--25

Those who voted in the negative are:

Allen                  Allison                Bailey
Barfield               Battle                 Bowers
Breeland               Brown G.               Brown J.
Canty                  Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Davenport              Delleney               Edge
Emory                  Gamble                 Gilham
Gourdine               Govan                  Harrell
Harris                 Harrison               Harvin
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Lanford                Law
Lee                    Lloyd                  Lourie
Mack                   Maddox                 Martin
McCraw                 McLeod M.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Smith F.               Smith R.
Stille                 Taylor                 Vaughn
Webb                   Whatley                Whipper
Wilder                 Witherspoon            Woodrum

Total--75

So, the House refused to adjourn.

H. 3131 -- INTERRUPTED DEBATE

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

H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

Rep. HASKINS proposed the following Amendment No. 1 (Doc Name H-PROTEM\AMEND\ASSAULT1), which was tabled.
Amend the bill, as and if amended, by deleting at page 2, line 4 the following words:
/ or private /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS spoke in favor of the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.

Rep. KIRSH moved to table the Bill.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 20; Nays 87

Those who voted in the affirmative are:

Cato                   Cooper                 Cotty
Davenport              Easterday              Edge
Fleming                Hamilton               Haskins
Kirsh                  Leach                  Loftis
Rice                   Robinson               Sandifer
Sharpe                 Smith R.               Tripp
Vaughn                 Witherspoon

Total--20

Those who voted in the negative are:

Allen                  Allison                Bailey
Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Campsen                Canty
Carnell                Chellis                Clyburn
Cobb-Hunter            Dantzler               Delleney
Emory                  Gamble                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neal J.M.              Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Riser
Rutherford             Scott                  Seithel
Simrill                Smith D.               Smith F.
Smith J.               Stille                 Stuart
Taylor                 Townsend               Whatley
Whipper                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

Total--87

So, the House refused to table the Bill.

Rep. SEITHEL was recognized.

Rep. FLEMING moved that the House do now adjourn.

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

Yeas 48; Nays 57

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Beck                   Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Fleming                Hamilton
Harrell                Harris                 Haskins
Hawkins                Kirsh                  Klauber
Koon                   Lanford                Leach
Lee                    Littlejohn             Loftis
Lucas                  McGee                  Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Simrill                Smith D.               Smith R.
Taylor                 Townsend               Tripp
Vaughn                 Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--48

Those who voted in the negative are:

Allen                  Bailey                 Battle
Bowers                 Breeland               Brown G.
Brown J.               Canty                  Clyburn
Cobb-Hunter            Delleney               Edge
Emory                  Gamble                 Gourdine
Govan                  Harrison               Harvin
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Keegan
Kelley                 Kennedy                Knotts
Law                    Lloyd                  Lourie
Mack                   Maddox                 Martin
McCraw                 McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neal J.M.
Ott                    Parks                  Phillips
Pinckney               Rutherford             Scott
Seithel                Smith F.               Smith J.
Stille                 Stuart                 Whatley
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to adjourn.

Rep. SEITHEL spoke against the amendment.
Rep. MACK spoke against the amendment.

Rep. HASKINS moved that the House do now adjourn.

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

Yeas 49; Nays 55

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Beck                   Campsen                Carnell
Cato                   Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Fleming                Gilham
Hamilton               Harrell                Harris
Haskins                Hawkins                Kirsh
Klauber                Koon                   Lanford
Leach                  Littlejohn             Loftis
Lucas                  Martin                 McGee
Neilson                Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith D.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Vaughn                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--49

Those who voted in the negative are:

Allen                  Bailey                 Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Chellis                Clyburn                Cobb-Hunter
Edge                   Emory                  Gamble
Gourdine               Harrison               Harvin
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Knotts
Law                    Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Meacham                Moody-Lawrence
Neal                   Neal J.M.              Ott
Parks                  Phillips               Pinckney
Quinn                  Rutherford             Scott
Seithel                Smith F.               Smith J.
Whatley                Whipper                Wilder
Wilkes

Total--55

So, the House refused to adjourn.

Rep. KNOTTS spoke against the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 72; Nays 35

Those who voted in the affirmative are:

Allen                  Bailey                 Battle
Bowers                 Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Canty                  Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Law                    Lee                    Lloyd
Lourie                 Mack                   Maddox
Martin                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neal J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Riser
Rodgers                Rutherford             Scott
Seithel                Smith F.               Smith J.
Taylor                 Townsend               Webb
Whatley                Whipper                Wilder
Wilkes                 Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Barfield               Barrett                Beck
Campsen                Cato                   Cooper
Davenport              Delleney               Easterday
Fleming                Hamilton               Harrell
Harrison               Haskins                Kirsh
Koon                   Lanford                Leach
Littlejohn             Loftis                 Lucas
Meacham                Quinn                  Rice
Robinson               Sandifer               Sharpe
Simrill                Smith D.               Smith R.
Stille                 Tripp                  Vaughn
Wilkins                Witherspoon

Total--35

So, the amendment was tabled.

Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4104 (Word version) -- Reps. McGee, Askins, M. Hines and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF THE HONORABLE PETER DeWITT HYMAN, SR., A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM FLORENCE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4105 (Word version) -- Reps. Jennings and Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HANNAH GROOMS OF MARLBORO COUNTY UPON BEING CROWNED MISS SOUTH CAROLINA TEEN USA 1999, AND WISHING HER CONTINUED SUCCESS IN PURSUING HER FUTURE ENDEAVORS.

H. 4111 (Word version) -- Reps. Davenport and Riser: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO AN OUTSTANDING CITIZEN OF SPARTANBURG, E. LEA SALTER, THE PRESIDENT OF CHRISTMAN & PARSONS, INC., GENERAL CONTRACTORS, ON THE OCCASION OF HIS RETIREMENT.

H. 4117 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE BROTHERHOOD OF GRAND LODGES OF THE STATE OF SOUTH CAROLINA FOR ORGANIZING THE FIRST JOINT ST. JOHN'S DAY PROGRAM.

ADJOURNMENT

At 1:35 P.M. the House in accordance with the motion of Rep. MCGEE adjourned in memory of former representative Peter D. Hyman, Sr. of Florence, to meet at 10:00 A.M. tomorrow.

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