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

Printed Page 824 . . . . . Tuesday, February 23, 1999

Tuesday, February 23, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

God of greatness and goodness, shed the light of Your wisdom upon these Your people in their important places of responsibility and decision. May we seek Your way, and finding it, to follow it with all our might. As we approach problems, may we be guided in solutions not by whether it is popular, but by whether it is right. Where we are wrong, make us willing to change; when we are right make us easy to live with. Give us the ability to hear Your voice and thus be spared from floundering that subtracts from our peace, lessens our efficiency, and multiplies our troubles. Bless us in keeping with Your judgement of our needs. Amen.

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

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

MOTION ADOPTED

Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Anne Caroline Shull of Spartanburg, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR

Printed Page 825 . . . . . Tuesday, February 23, 1999
INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers and Whatley: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Ordered for consideration tomorrow.

Printed Page 826 . . . . . Tuesday, February 23, 1999

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 514 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACH, JOSEPH CABRI, ON WINNING THE 1998 NCAA DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP, LANDER'S EIGHTH CONSECUTIVE NATIONAL TITLE AND TENTH OVERALL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3576 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO INACTIVE OR RETIRED STATUS LICENSES; CONTINUING EDUCATION FOR RELICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2353, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3577 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO NOTIFICATION (REPEAL R.24-35), DESIGNATED AS REGULATION DOCUMENT NUMBER 2307, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3578 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR

Printed Page 827 . . . . . Tuesday, February 23, 1999
REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO PROCEDURES FOR CASE REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 2303, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
Without Reference

H. 3580 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A DRIVER'S LICENSE OR PERMIT, SO AS TO PROVIDE THAT THE APPLICATION FORM MUST CONTAIN A SECTION WHERE THE APPLICANT INDICATES HIS PERMISSION OR REFUSAL FOR THE STATE TO SELL OR DISTRIBUTE HIS PHOTOGRAPHIC IMAGE AND TO PROVIDE THAT IF THE APPLICANT REFUSES PERMISSION, THE DEPARTMENT SHALL NOT RELEASE THAT LICENSEE'S IMAGE FOR ANY COMMERCIAL PURPOSE; AND TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THE SAME SECTION ON THE RENEWAL FORM AND TO PROVIDE THE SAME CONSEQUENCES TO THE DEPARTMENT IF THE APPLICANT REFUSES PERMISSION.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HOWARD objected.
Referred to Committee on Education and Public Works

H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT

Printed Page 828 . . . . . Tuesday, February 23, 1999
THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
Referred to Committee on Labor, Commerce and Industry

H. 3582 (Word version) -- Reps. Cato and Kirsh: A BILL TO PROVIDE THAT THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25, TITLE 40 OF THE 1976 CODE ARE DEVOLVED UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3583 (Word version) -- Reps. Sharpe, Bailey, Haskins, Inabinett, Loftis, Simrill, Hamilton, Lee, Stille, Altman, Neal, Robinson and Davenport: 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

Printed Page 829 . . . . . Tuesday, February 23, 1999
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.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3584 (Word version) -- Reps. Sheheen, Delleney and Stille: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR

Printed Page 830 . . . . . Tuesday, February 23, 1999
ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING AND PROVIDE FOR THE ENFORCEMENT OF THIS SECTION, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
Rep. SHEHEEN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KNOTTS objected.
Referred to Committee on Ways and Means

H. 3585 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ILL-TREATMENT OF ANIMALS IS A VIOLENT CRIME; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO CHANGE THE OFFENSE OF TORTURING, TORMENTING, NEEDLESSLY MUTILATING, CRUELLY KILLING, OR INFLICTING EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL FROM A MISDEMEANOR

Printed Page 831 . . . . . Tuesday, February 23, 1999
TO A FELONY, AND TO INCREASE THE PENALTIES FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary

H. 3586 (Word version) -- Reps. J. Smith, Cotty, Davenport, Whipper, Hayes, Neilson, Harvin, Parks, Seithel, McKay, Campsen, J. Brown, Lloyd, Cobb-Hunter, McCraw, Lourie, Harris, Vaughn, Lee, Miller, F. Smith, Scott, Maddox, W. McLeod, Allen, McGee, Jennings and J. Hines: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 47, SO AS TO REENACT AND PROVIDE FOR THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO STATE THE POLICY ATTENDANT TO A STATE ENTERING THE COMPACT; TO DEFINE TERMS; TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COMPACT PARTY STATES; TO CREATE THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION CONSISTING OF TWO MEMBERS FROM EACH PARTY STATE; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION; TO PROVIDE FOR FUNDING OF THE COMMISSION; TO PROVIDE FOR THE DEVELOPMENT AND OPERATION OF HOST STATE FACILITIES; TO ESTABLISH FEES AND REPORTING REQUIREMENTS FOR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE IN THIS STATE; TO PROVIDE FOR THE ALLOCATION OF THESE FUNDS; TO PROVIDE ELIGIBILITY CRITERIA TO BECOME A PARTY STATE; TO PROVIDE SANCTIONING AUTHORITY AND PENALTIES FOR COMPACT VIOLATIONS; TO PROVIDE PROCEDURES FOR WITHDRAWAL FROM THE COMPACT; TO PROVIDE THAT THE COMPACT COMMISSION MEMBERS OF THIS STATE MUST BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO REQUIRE WRITTEN APPROVAL OF THE GOVERNOR BEFORE CERTAIN ACTIONS MAY BE TAKEN BY A SOUTH CAROLINA COMMISSION MEMBER; TO CREATE AN ADVISORY COMMITTEE FOR SOUTH CAROLINA'S COMMISSION MEMBERS; TO PROVIDE THAT IF SOUTH CAROLINA DETERMINES THAT ANY PARTY STATE IS NOT ACTING IN GOOD FAITH IN COMPLYING WITH THE TERMS OF THE COMPACT THEN SOUTH CAROLINA

Printed Page 832 . . . . . Tuesday, February 23, 1999
SHALL WITHDRAW IMMEDIATELY; TO AMEND SECTION 48-48-3O, AS AMENDED, RELATING TO LIMITS ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT BARNWELL, SO AS TO PROVIDE THAT THE FACILITY MAY ACCEPT NO MORE THAN SIX MILLION CUBIC FEET OF WASTE BEGINNING JANUARY 1, 2000, AND ENDING JANUARY 1, 2019; TO AMEND SECTION 48-48-80, AS AMENDED, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE COMPACT NEGOTIATING COMMITTEE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA ADVISORY COMMITTEE SHALL MEET WITH REPRESENTATIVES OF OTHER STATES REGARDING SOUTH CAROLINA'S POSSIBLE REENTRY INTO THE COMPACT; TO AMEND SECTION 48-48-90, AS AMENDED, RELATING TO CARRYING FORWARD UNUSED ANNUALIZED SITE CAPACITY, SO AS TO REDUCE FROM TWO HUNDRED THOUSAND CUBIC FEET TO THIRTY-FIVE THOUSAND CUBIC THE AMOUNT OF UNUSED SITE CAPACITY THAT MAY BE CARRIED FORWARD WHEN THE SITE DOES NOT RECEIVE AS MUCH AS THREE HUNDRED THOUSAND CUBIC FEET IN A CALENDAR YEAR; AND TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO TAXES ON LOW-LEVEL RADIOACTIVE WASTE DISPOSED IN THIS STATE, SO AS TO REVISE OUTDATED REFERENCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3588 (Word version) -- Reps. Knotts and Gamble: 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 HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY WITHIN FIVE HUNDRED YARDS OF THE PROPERTY LINE OF A DWELLING SITUATE IN RICHLAND OR LEXINGTON COUNTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3589 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DUMPING

Printed Page 833 . . . . . Tuesday, February 23, 1999
LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY PENALTY AND THE LENGTH OF TIME FOR PUBLIC SERVICE WORK THE COURT SHALL IMPOSE.
Referred to Committee on Judiciary

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.
Referred to Committee on Education and Public Works

S. 195 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 21, TITLE 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATURAL AND PARENTALLY APPOINTED

Printed Page 834 . . . . . Tuesday, February 23, 1999
GUARDIANS, SO AS TO REPEAL SECTIONS 21-21-25, 21-21-35, 21-21-45, AND 21-21-55.
Referred to Committee on Judiciary

S. 317 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, AND TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX.
Referred to Committee on Ways and Means

S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
Referred to Committee on Judiciary

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.
Referred to Committee on Judiciary

Printed Page 835 . . . . . Tuesday, February 23, 1999
S. 460 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 496 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENT-ORIENTED EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 498 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
Referred to Committee on Georgetown Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3587 (Word version) -- Reps. J. Smith, Lourie and Bales: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. GEORGE A. FULMER OF COLUMBIA FOR THE WONDROUS AND JOYOUS EVENT OF HAVING CELEBRATED

Printed Page 836 . . . . . Tuesday, February 23, 1999
THEIR SEVENTY-FIFTH WEDDING ANNIVERSARY ON JANUARY 9, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Campsen                Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Taylor                 Townsend
Printed Page 837 . . . . . Tuesday, February 23, 1999

Tripp                  Trotter                Vaughn
Walker                 Webb                   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 Tuesday, February 23. 

George Bailey                        Todd Rutherford
Anthony Harris                       Jerry Govan
David Mack                           Bessie Moody-Lawrence
Kenneth Kennedy                      Theodore A. Brown

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHATLEY a leave of absence due to not feeling well.

LEAVE OF ABSENCE

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

REASON FOR LEAVE OF ABSENCE ON TUESDAY, FEBRUARY 23

Rep. STUART was absent due to attending a briefing at Charleston Air Force Base with North civic leaders about repairs at North Air Field in her House District.

SILENT PRAYER

Rep. JENNINGS, with unanimous consent, asked that the House stand in silent prayer for the six school children in Marlboro County killed in the tragic accident.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman H. Floyd of Florence is the Doctor of the Day for the General Assembly.

Printed Page 838 . . . . . Tuesday, February 23, 1999

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
02/23/99   SHARPE

CO-SPONSOR ADDED

Bill Number:   H. 3338 (Word version)
Date:     ADD:
02/23/99   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:     ADD:
02/23/99   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:     ADD:
02/23/99   EASTERDAY

Printed Page 839 . . . . . Tuesday, February 23, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:     ADD:
02/23/99   HAYES

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

ORDERED TO THIRD READING

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

H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: A BILL TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.

H. 3532 (Word version) -- Reps. Fleming, Loftis, Townsend, Whatley, Clyburn, Lanford, Mason, Edge, Altman, McCraw, Scott, Stuart, Harris, Dantzler, Allison, Wilkins, Harrison, Gourdine, D. Smith, Howard, Tripp, Harrell, Webb, Bailey, Barfield, Bauer, Beck, G. Brown, Campsen, Canty, Cato, Chellis, Cooper, Cotty, Delleney, Easterday, Emory, Gamble, Hamilton, Hawkins, J. Hines, Jennings, Kelley, Klauber, Knotts, Leach, Limehouse, Littlejohn, Lucas, Maddox, Martin, McGee, McKay, M. McLeod, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Koon, Simrill, F. Smith, R. Smith, Taylor, Trotter, Whipper, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION FEES FOR CERTAIN PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO REGISTER A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS.
Rep. FLEMING explained the Bill.

Printed Page 840 . . . . . Tuesday, February 23, 1999
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Rep. M. HINES explained the Bill.

H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
Rep. WILDER explained the Bill.

H. 3169 -- DEBATE ADJOURNED

The following Bill was taken up:

H. 3169 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.
Rep. WILDER explained the Bill.
Rep. TRIPP moved to adjourn debate on the Bill until Wednesday, February 24, which was adopted.

Printed Page 841 . . . . . Tuesday, February 23, 1999

H. 3079 -- DEBATE ADJOURNED

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

H. 3079 (Word version) -- Reps. Sharpe and Emory: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.

H. 3301 -- INTERRUPTED DEBATE

The following Bill was taken up:

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

Printed Page 842 . . . . . Tuesday, February 23, 1999

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7230AC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 20-7-1800 of the 1976 Code is amended to read:

"Section 20-7-1800.   An appeal is allowed from any final order, judgment, or decree rendered under this Subarticle 7 of Article 11 of Chapter 7 of Title 20 by any person against whom the order, judgment, or decree may be made or who may be affected by the order, judgment, or decree in the manner provided for appeals from the court in other family court matters. No final decree of adoption is subject to collateral attack for any reason after a period of one year following its issuance.

(A)   Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this chapter does not affect the validity of any adoption proceeding.

(B)   A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters."
SECTION   2.   This act takes effect upon approval by the Governor and applies to appeals from final orders, judgments, or decrees entered on or after this act's effective date.   /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY 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. EASTERDAY having the floor.

Printed Page 843 . . . . . Tuesday, February 23, 1999

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3590 (Word version) -- Reps. H. Brown, Allison and Easterday: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON THE TAXING POWER, SO AS TO PROVIDE THAT THE PROCEEDS OF A TAX MEASURED BY GASOLINE AND MOTOR FUEL SALES, USE, OR CONSUMPTION AND DEDICATED TO HIGHWAY CONSTRUCTION, IMPROVEMENT, AND MAINTENANCE MAY NOT LATER BE DIVERTED TO ANY OTHER PURPOSE, NOR MAY ITS ORIGINAL PURPOSE BE CHANGED BY A LATER ENACTMENT.
Referred to Committee on Ways and Means

H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3592 (Word version) -- Reps. J. Smith, Lourie and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL BEAR THE

Printed Page 844 . . . . . Tuesday, February 23, 1999
COST OF OFF-SITE ROAD IMPROVEMENTS A SCHOOL DISTRICT INCURS WHEN IT ENTERS INTO A BUILDING PROGRAM.
Referred to Committee on Education and Public Works

H. 3593 (Word version) -- Reps. J. Smith, Cobb-Hunter and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-67 SO AS TO REQUIRE PUPIL-TEACHER RATIOS IN GRADES K-3 OF 19:1 BEGINNING WITH SCHOOL YEAR 1999 AND 17:1 BY SCHOOL YEAR 2000, TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO ALLOCATIONS UNDER THE EDUCATION FINANCE ACT AND REQUIRED PUPIL-TEACHER RATIOS IN GRADES 1-3 SO AS TO CONFORM THESE RATIOS TO THE ABOVE PROVISIONS, TO PROVIDE FOR A WAIVER OF THESE RATIOS UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR A REDUCTION OF STATE AID FOR ANY DISTRICT WHICH DOES NOT MEET THESE REQUIRED RATIOS.
Referred to Committee on Education and Public Works

H. 3594 (Word version) -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-125 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO IMPOSE A ONE-TIME CAPITAL COST IMPACT FEE ON RESIDENCES CONSTRUCTED OR SET UP IN THE DISTRICT, TO PROVIDE LIMITATIONS ON THESE FEES AND FOR THEIR USE AND PAYMENT, AND TO DEFINE "RESIDENTIAL PROPERTY" AND "SCHOOL DISTRICT" FOR PURPOSES OF THIS SECTION.
Referred to Committee on Ways and Means

H. 3595 (Word version) -- Rep. McGee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 1999" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES

Printed Page 845 . . . . . Tuesday, February 23, 1999
DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
Referred to Committee on Education and Public Works

H. 3596 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Meacham and Moody-Lawrence: A BILL TO AMEND SECTION 59-101-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND DISPOSAL OF REAL PROPERTY TITLED IN THE NAME OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY, SO AS TO PROVIDE THAT THE COLLEGE OR UNIVERSITY MUST NOTIFY THE LEGISLATIVE DELEGATION OF THE COUNTY WHERE THE PROPERTY IS LOCATED OF THE MEETING OF THE BUDGET AND CONTROL BOARD WHEN THE PROPOSED SALE OF THEIR PROPERTY WILL BE DISCUSSED.
Referred to Committee on Ways and Means

H. 3301 -- INTERRUPTED DEBATE

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

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

Printed Page 846 . . . . . Tuesday, February 23, 1999

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7230AC99).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 20-7-1800 of the 1976 Code is amended to read:

"Section 20-7-1800.   An appeal is allowed from any final order, judgment, or decree rendered under this Subarticle 7 of Article 11 of Chapter 7 of Title 20 by any person against whom the order, judgment, or decree may be made or who may be affected by the order, judgment, or decree in the manner provided for appeals from the court in other family court matters. No final decree of adoption is subject to collateral attack for any reason after a period of one year following its issuance.

(A)   Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this chapter does not affect the validity of any adoption proceeding.

(B)   A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters."
SECTION   2.   This act takes effect upon approval by the Governor and applies to appeals from final orders, judgments, or decrees entered on or after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY continued speaking.

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

Printed Page 847 . . . . . Tuesday, February 23, 1999
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3587 (Word version) -- Reps. J. Smith, Lourie and Bales: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. GEORGE A. FULMER OF COLUMBIA FOR THE WONDROUS AND JOYOUS EVENT OF HAVING CELEBRATED THEIR SEVENTY-FIFTH WEDDING ANNIVERSARY ON JANUARY 9, 1999.

ADJOURNMENT

At 1:05 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Anne Caroline Shull of Spartanburg, to meet at 11:00 A.M. tomorrow.

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