Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear again words from St. Paul, this morning, first Timothy, Chapter 4 (v. 10):

"For to this end we toil and strive, because we have our hope

set on the living God."
Let us pray.

Our Father, we are still celebrating and savoring the happy experience of last Thursday when the Senate enjoyed a visit from the entire Supreme Court of South Carolina, and a period of counsel from retiring Chief Justice Finney and the presence of our new Chief Justice Toal.

In a country where we have a constitutional balance of civil power, we are thankful for a spiritual interaction.

As we move into the future with new ventures that will lead us along untrodden paths, remind us, again, that "we toil and strive because we have our hope set on the living God."

Lead on, O King Eternal!
Amen.

MEMORANDUM TO:     Clerk of the House

Clerk of the Senate
RE:                     Transcript of Hearings

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

Respectfully submitted,

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

The Citadel (two seats)

At-large                 Arthur H. Baiden, III(Greenville)

William C. Coffey, Jr.(Manning)

W. Henry Johnson, Jr.(Lake City)

Maj. Richard D. Leonard(Columbia)

William F. Sachs(Columbia)

Allison Dean Wright(Columbia)

Clemson University (three seats)

At-large                 Walter Mack Burriss(Columbia)

Louis B. Lynn(Columbia)*

Charles E. Moore(Woodruff)

William C. Smith, Jr.(Columbia)*

Allen P. Wood(Florence)*

College of Charleston

Six congressional districts, one at-large

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

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

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

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

Emil E. Spieth(Spartanburg)

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

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

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

Zeno Montgomery(Columbia)

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

Daniel W. R. Moore, Sr.(N.Myrtle Beach)

Ronald R. Norton(Murrells Inlet)

Francis Marion University

Seven congressional districts, one at-large

1st District, Seat 2       Melissa Johnson Emery   (Myrtle Beach)*

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

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

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

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

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

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

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

Lander University

Seven congressional districts, one at-large

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

Anthony Noury(Mt. Pleasant)

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

Peter Buttress(Lexington)

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

3rd District, Seat 6       Finis Horne(Greenwood)

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

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

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

At-large, Seat 14         Ann B. Bowen(Greenwood)*

Medical University of South Carolina

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

Non-medical

1st District             Melvyn Berlinsky(Charleston)*

2nd District             Donald McElveen(Columbia)*

William F. Hoffman(Blythewood)

Donald V. Richardson, III(Columbia)

3rd District             Fred T. Moore(Honea Path)*

Charles W. Schulz(Greenwood)

Medical

4th District             Dr. Charles B. Thomas, Jr.(Greenville)*

Harold E. Fleming(Spartanburg)

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

(Rock Hill)*

6th District             Dr. E. Conyers O'Bryan, Jr.(Florence)*

South Carolina State (two seats)
At-large

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

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

Grace H. Salters (Orangeburg)

Alfonso J. Evans, Sr.(Charleston)

Brantley E. Evans, Jr. (Columbia)

University of South Carolina

Eight Judicial circuits

2nd Circuit             Miles Loadholt(Barnwell)*

4th Circuit             J. DuPre Miller(Bennettsville)*

6th Circuit             James Bradley(Lancaster)*

8th Circuit             Herbert C. Adams(Laurens)*

10thCircuit             Robert N.McLellan(Seneca)*

14thCircuit             Helen C. Harvey(Beaufort)*

15thCircuit             M. Wayne Staton(Conway)*

16thCircuit             Sam R. Foster, II(Rock Hill)*

Wil Lou Gray Opportunity School (four seats)

At-large                 Bryan England(Murrells Inlet)

Samuel Goodwater, Jr.(Beaufort)

Charles E. Jackson(Lexington)

Wilhelmina McBride(Columbia)*

Mary F. Newman(Cayce)*

Carlisle Roddey(Chester)

Diana Taylor(Columbia)

Suzanne Turner(Gaffney)*

Winthrop University (two seats)

At-large                 Hugh Hadsock, Jr.(W. Columbia)

Sandra Nelson(Lancaster)

Glenda P. Owens(Charleston)

Kay Wright Rush(Lexington)

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

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Representative Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 21st day of February, 2000 before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:
COMMITTEE MEMBERS:
Representative Olin Phillips, Chairman
Representative Curtis Inabinett
Senator Addison G. "Joe" Wilson
Senator Warren Giese
Representative Margaret Gamble
Representative Lanny Littlejohn

ALSO PRESENT:
Sophia Floyd - Assistant to the Committee

CHAIRMAN PHILLIPS: I'd like to call the screening committee to order. But first I'd like to introduce the screening committee. On my right is Senator Warren Giese from Richland and to my left, the far left is Dr. Margaret Gamble from Lexington and Lanny Littlejohn ...Representative Lanny Littlejohn from Spartanburg and Sophia Floyd, our assistant here, and I also would like to recognize the Creel Court Office reporting and we have Christine Howell. Christine, thank you for performing this service for us. I'm Olin Phillips and I'm from Cherokee. One little thing on housekeeping before we get started, and the first will be Clemson, but I'd like to tell you that nobody can after you are screened here today and you're qualified ... you're deemed qualified, you can't ask for support until we release the screening report to the members of the General Assembly. And we'll do that as quick as we can get it transcribed and ready to go back to the House. After that the ... after the screening report is issued and published in the journals of the House and the Senate, the next day at 11:00 you will be eligible to secure votes at that time. Now, mind you, we're going to release this

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 28th day of February, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:

(All in Favor)
CHAIRMAN PHILLIPS: Mr. Gilmore.
MR. GILMORE: Thank you.
CHAIRMAN PHILLIPS: You're welcome, sir.
MR. GILMORE: And I hope that we're free to go? I want to ask if--

(All in Favor)

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir.
MR. SPIETH: Thank you.
CHAIRMAN PHILLIPS: Well, if we keep going like this we'll be out of here for the two hour parking. But I believe we'll get bogged down in a minute. We're going to the Citadel. We have two seats, both of them At-Large. Oh, yes, I'm sorry. Winthrop College. We had one At-Large seat with Winthrop. Ms. Kay Wright Rush. Is she here? Okay, Ms. Rush, thank you. Please raise your right hand.
KAY WRIGHT RUSH, being duly sworn, testifies as follows:

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, ma'am. Now, we'll go to the Citadel. There's two seats at-Large and we have six candidates. And our first candidate will be Arthur H. Baiden, III from Greenville. Mr. Baiden.
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Please raise your right hand.
ARTHUR H. BAIDEN, III, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Baiden, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. BAIDEN: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BAIDEN: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BAIDEN: No, sir, not at all.
CHAIRMAN PHILLIPS: Thank you. Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. BAIDEN: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. You may go ahead with your statement.
MR. BAIDEN: Mr. Chairman, and ladies and gentlemen, thank you for the opportunity to present myself as a candidate of one of the At-Large seats at the Citadel. The Citadel, like other colleges and universities in South Carolina, is primarily an academic institution with the mission of educating our young men and women. However, in order to do so, particularly in today's time with limited dollars available for education, these colleges and universities must be run like a business: budgets must be established; operating expenses monitored; sources of income identified and maximized and sound financial practices followed to ensure that that institution provides the best possible conditions for academic achievement at the most efficient cost. But unlike the other universities and colleges in the state the Citadel is unique in that it is

(All in Favor)
CHAIRMAN PHILLIPS: Thank you. We have approved all of you. And as I say again, do not try to solicit votes until after the -- until the screening report is issued in the Journal. Thank you for coming. Next we go to Coastal Carolina University, At-Large, Seat 15. We have three candidates vying for that seat and our first candidate is Timothy R. Meacham from Florence. Mr. Meacham, would you please raise your right hand.
TIMOTHY R. MEACHAM, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Mr. Meacham, do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MEACHAM: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. MEACHAM: No, sir.
CHAIRMAN PHILLIPS: You may present your statement, sir.
MR. MEACHAM: Well, first of all, I want to thank the committee and Mr. Chairman for appearing before you today. I'm applying for the Board of Trustees at Coastal Carolina University for two reasons. I'm a 1979 graduate of the University of Coastal Carolina University. I have two interests in Coastal. I think one of the things that I can bring to the Board of Trustees is that I have a unique prospective on Coastal. The other thing is that I can bring passion to the Board of Trustees. I'm a 1979 graduate of Coastal Carolina University. In 19- -- my senior year I served as president of the student body. My junior year I served as editor of the student newspaper. From 1993 until 1998 I served on the Alumni Board serving as president of the Alumni Board from 1997 until 1998. One of the unique things that Coastal Carolina has is we have two different constituencies as far as alumni is concerned and that

(All in Favor)
CHAIRMAN PHILLIPS: I now declare you eligible to run. We're moving onto the Medical University of South Carolina. Six congressional districts. Three each from the medical and three from the non-medical professions. And our first candidate is first district, non-medical, is Melvyn Berlinsky from Charleston. Raise your right hand, sir.
MELVYN BERLINSKY, being duly sworn, testifies as follows:

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

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, sir. You're welcome to stay or you may go if you like. And I move onto the 3rd congressional district, non-medical, Fred Moore. We got a fax and we also got by air express mail and we got a letter from Mr. Moore is asking for a delay in his -- "I am completing my fourth year of service at the Medical University

(All in Favor)

(All in Favor)
CHAIRMAN PHILLIPS: Now, as far as Mr. Schulze, what is the pleasure of the committee?
SENATOR WILSON: Move favorable.
CHAIRMAN PHILLIPS: Being screened here today all that he would need to do is give us a letter of his intent and would not have to be screened again at that ...
REPRESENTATIVE GAMBLE: I disagree. I think all we're doing is postponing Mr. Moore. We're not opening back up the process with the other candidates. We're opening up the application period. We're not opening up the application period we're only extending ...
SENATOR WILSON: And that was the intent of my motion ...
REPRESENTATIVE GAMBLE: Right.
SENATOR WILSON: ... to just clarify that he would ...
REPRESENTATIVE GAMBLE We're only extending him the opportunity to come and be screened at a later date ...
CHAIRMAN PHILLIPS: Okay, well, I ...
REPRESENTATIVE GAMBLE: ... just like we delayed those from last week.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. Fishburne.
MR. FISHBURNE: Thank you.
CHAIRMAN PHILLIPS: 6th District, medical, Dr. E. Conyers O'Bryan, Jr. from Florence. Will you raise your right hand.
E. CONYERS, O'BRYAN, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. O'BRYAN: No, I don't.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. O'BRYAN: Yes.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. O'BRYAN: No, I do not.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Dr. O'Bryan. Moving on to South Carolina State, At-Large, Seat 11, Mr. John Williams, Jr. from Orangeburg. Please raise your hand.
JOHN WILLIAMS, JR., being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. WILLIAMS: No, sir.

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

(All in Favor)
CHAIRMAN PHILLIPS: Thank you. Now, we have declared the seat At-Large, Number 12, the Walter L. Salters' seat vacated and we will be re-opening the screening for that position. Let's move on to the University of South Carolina. I know they've been waiting a long time. And we want to get through just as fast as possible because some of our committee members have other commitments and need to leave here pretty quick, so let's move onto the Eight Judicial Seats. 2nd Circuit, Miles Loadholt of Barnwell. Mr. Loadholt, please raise your right hand.
MILES LOADHOLT, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. LOADHOLT: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. LOADHOLT: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. LOADHOLT: No, sir.

(All in Favor)

(All in Favor)
SENATOR WILSON: Opposed no? Thank you very much for coming.
MR. MILLER: Thank you. Thank you, sir. Thank you.
SENATOR WILSON: The 6th Circuit, James Bradley. And Mr. Bradley I am sitting in as the Chairman has departed just for a moment. Please raise your right hand.
JAMES BRADLEY, being duly sworn, testifies as follows:
SENATOR WILSON: Thank you. Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. BRADLEY: No, sir.
SENATOR WILSON: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. BRADLEY: Yes, sir.
SENATOR WILSON: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. BRADLEY: No, sir.
SENATOR WILSON: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. BRADLEY: No, sir.
SENATOR WILSON: Any questions from any member?
REPRESENTATIVE GAMBLE: I have a question.
SENATOR WILSON: Dr. Gamble.
REPRESENTATIVE GAMBLE: Mr. Bradley, if my memory serves me correctly, I think you've been on the Board quite a while. There was much, much controversy many years ago regarding foundation records and which records should be made public, and ultimately I think the Court's ruled that the foundation records over there should be made public. Are all foundation records at the University public today?
MR. BRADLEY: So far as I know they are, Dr. Gamble, yes.
REPRESENTATIVE GAMBLE: So they are available and accessible by the public?
MR. BRADLEY: Yes. Yes.

(All in Favor)
MR. BRADLEY: Thank you very much.
CHAIRMAN PHILLIPS: Mr. Herbert Adams, 8th Congressional.
MR. ADAMS: 8th.
REPRESENTATIVE GAMBLE: It's a Judicial Circuit?
CHAIRMAN PHILLIPS: Yes. Judicial. Mr. Adams, please raise your right hand.
HERBERT C. ADAMS, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. ADAMS: No, sir.

(All in Favor)
MR. ADAMS: Thank you.
CHAIRMAN PHILLIPS: Thank you, Mr. Adams. From the 10th Circuit, Robert N. McLellan from Seneca. Oh, I've been waiting on this one.
ROBERT N. MCLELLAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. MCLELLAN: I do not.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. MCLELLAN: I am.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. MCLELLAN: No, sir.

(All in Favor)
MR. MCLELLAN: Thank you.

(All in Favor)
CHAIRMAN PHILLIPS: Thank you, Ms. Harvey.
MS. HARVEY: Thank you. And we thank you for your support.
CHAIRMAN PHILLIPS: Well, let's see. 15th Circuit. Mr. M. Wayne Staton from Conway. And he's up.
M. WAYNE STATON, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. STATON: Yes, sir.
CHAIRMAN PHILLIPS: Do you have any interests, professionally or personally, that represent a conflict of interest because of your service on the Board?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. STATON: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. Go ahead.
MR. STATON: I'm a graduate of the University of South Carolina. I'm a member of the Alumni Association and a member of the Gamecock Club. And I'm seeking to serve my second term as a member of the Board of Trustees at the University of South Carolina. I've been in the banking career since 1970. My wife is finishing her

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

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

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 9th day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: We're here today to screen for Wil Lou Gray, Mr. Samuel Goodwater, Jr. for a Wil Lou Gray Seat Opportunity School at-Large. Introduction of the Committee Members is Representative Lanny Littlejohn from Spartanburg and Representative Curtis Inabinett from Charleston and myself, Representative Olin Phillips and I am from Cherokee, Gaffney. We have the Creel agency here doing dictation and Sophia Floyd, our Executive Secretary. At

The candidate screening process for State of South Carolina College and University Board of Trustee Seats, chaired by Senator Olin Phillips, held at 433 Blatt Building, Columbia, South Carolina, on the 23rd day of March, 2000 before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES:
COMMITTEE MEMBERS:
Senator Olin Phillips, Chairman
Representative Curtis Inabinett
Representative Lanny Littlejohn
Senator James E. Bryan, Jr.
Senator Maggie W. Glover
ALSO PRESENT:
Sophia Floyd - Assistant to the Committee
CHAIRMAN PHILLIPS: I'm going to call the meeting to order, we're just a few minutes early but we need to get -- no, it's 9:15 -- started with the House. Let me welcome you here, all of you, and especially Fred, I've known him for a long time. I want to introduce the committee members, Representative Lanny Littlejohn from Spartanburg, Curtis Inabinett from Charleston and Jim Bryan from Laurens. Senator Jim Bryan from Laurens. I'm Representative Olin Phillips. And our first candidate will be for the Medical University, 3rd District, non-medical, Mr. Fred Moore from Honea Path. And Mr. Moore, I'm going to ask you to raise your right hand.
MR. FRED MOORE, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the Board in a full capacity if you're elected or re-elected, sir?

Memorandum To: Clerk of the House
Clerk of the Senate

Re:   Committee Hearings, February 21 & 28, 2000;

March 9 & 23, 2000

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

The Citadel (two seats)

At-large                 Arthur H. Baiden, III(Greenville)

William C. Coffey, Jr.(Manning)

W. Henry Johnson, Jr.(Lake City)

Maj. Richard D. Leonard(Columbia)

William F. Sachs(Columbia)

Allison Dean Wright(Columbia)

Clemson University (three seats)

At-large                 Walter Mack Burriss(Columbia)

Louis B. Lynn(Columbia)*

Charles E. Moore(Woodruff)

William C. Smith, Jr.(Columbia)*

Allen P. Wood(Florence)*

College of Charleston

Six congressional districts, one at-large

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

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

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

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

Emil E. Spieth(Spartanburg)

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

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

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

Zeno Montgomery(Columbia)

Coastal Carolina University

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

Daniel W. R. Moore, Sr.(N.Myrtle Beach)

Ronald R. Norton(Murrells Inlet)

Francis Marion University

Seven congressional districts, one at-large

1st District, Seat 2       Melissa Johnson Emery   (Myrtle Beach)*

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

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

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

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

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

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

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

Lander University

Seven congressional districts, one at-large

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

Anthony Noury(Mt. Pleasant)

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

Peter Buttress(Lexington)

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

3rd District, Seat 6       Finis Horne(Greenwood)

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

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

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

At-large, Seat 14         Ann B. Bowen(Greenwood)*

Medical University of South Carolina

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

Non-medical

1st District             Melvyn Berlinsky(Charleston)*

2nd District             Donald McElveen(Columbia)*

William F. Hoffman(Blythewood)

Donald V. Richardson, III(Columbia)

3rd District             Fred T. Moore(Honea Path)*

Charles W. Schulz(Greenwood)

Medical

4th District             Dr. Charles B. Thomas, Jr.(Greenville)*

Harold E. Fleming(Spartanburg)

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

(Rock Hill)*

6th District             Dr. E. Conyers O'Bryan, Jr.(Florence)*

South Carolina State (two seats)
At-large

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

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

Grace H. Salters (Orangeburg)

Alfonso J. Evans, Sr.(Charleston)

Brantley E. Evans, Jr. (Columbia)

University of South Carolina

Eight Judicial circuits

2nd Circuit             Miles Loadholt(Barnwell)*

4th Circuit             J. DuPre Miller(Bennettsville)*

6th Circuit             James Bradley(Lancaster)*

8th Circuit             Herbert C. Adams(Laurens)*

10thCircuit             Robert N.McLellan(Seneca)*

14thCircuit             Helen C. Harvey(Beaufort)*

15thCircuit             M. Wayne Staton(Conway)*

16thCircuit             Sam R. Foster, II(Rock Hill)*

At-large                 Bryan England(Murrells Inlet)

Samuel Goodwater, Jr.(Beaufort)

Charles E. Jackson(Lexington)

Wilhelmina McBride(Columbia)*

Mary F. Newman(Cayce)*

Carlisle Roddey(Chester)

Diana Taylor(Columbia)

Suzanne Turner(Gaffney)*

Winthrop University (two seats)

At-large                 Hugh Hadsock, Jr.(W. Columbia)

Sandra Nelson(Lancaster)

Glenda P. Owens(Charleston)

Kay Wright Rush(Lexington)

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

* Incumbent
**Appointed by Governor to fill unexpired term

Respectfully submitted,
/s/Rep. Olin Phillips, Chrm.       /s/Sen. Joe Wilson, V-Chrm.
/s/Rep. Curtis B. Inabinett, Sec.     /s/ Sen. Warren K. Giese
/s/Rep. Lanny F. Littlejohn       /s/ Sen. Maggie W. Glover
/s/Rep. Margaret Gamble         /s/ Sen. James E. Bryan, Jr.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Senator PASSAILAIGUE introduced Dr. R. Layton McCurdy of Charleston, S.C., Doctor of the Day.

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

Senator RAVENEL rose for an Expression of Personal Interest.

Senator GROOMS rose for an Expression of Personal Interest.

Senator FORD rose for an Expression of Personal Interest.

S. 291 (Word version) -- Senators Holland, Elliott, Passailaigue, McConnell, Leventis and Reese: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 291.

S. 529 (Word version) -- Senator Elliott: A BILL TO AMEND CHAPTER 21, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 529.

S. 1142 (Word version) -- Senators Branton, Ravenel, Grooms, Waldrep, McConnell, Peeler, Anderson, Ryberg and Bauer: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM FIFTEEN THOUSAND DOLLARS TO SEVENTEEN THOUSAND DOLLARS.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 1142.

H. 3108 (Word version) -- Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham-Richardson, Littlejohn, Rice and Seithel: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

Senator HOLLAND asked unanimous consent to recommit the Bill to the Committee on Judiciary, retaining its place on the Calendar.

There was no objection.

The Bill was recommitted to the Committee on Judiciary.

The following were introduced:

S. 1282 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND LIMITS ON RECOVERY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE LIMITS FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIMANT AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-79-430, AS AMENDED, RELATING TO CREATION OF THE BOARD OF GOVERNORS TO MANAGE AND OPERATE THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-79-450, RELATING TO FEES FOR MEMBERSHIP IN THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE MEMBERS TO PAY ANY DEFICIT OF THE FUND AND TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE FUND.
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Read the first time and ordered placed on the Calendar without reference.

S. 1283 (Word version) -- Senators Wilson, Ryberg, Setzler, Bauer and Peeler: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND DEATH OF JOSEPH DREW SMITH, AND HIS LASTING CONTRIBUTION TO BOATING SAFETY IN THE STATE OF SOUTH CAROLINA, BY NAMING THE NEW LAKE MURRAY MARINE PATROL STATION ON BUNDRICK ISLAND IN LEXINGTON COUNTY IN HIS HONOR.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1284 (Word version) -- Senators J. Verne Smith, Thomas, Bryan, Fair and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REPLACEMENT OVERPASS BRIDGE THAT CROSSES THE NORFOLK-SOUTHERN RAILROAD TRACKS ON SUBER ROAD IN THE CITY OF GREER IN HONOR OF THE HONORABLE LEWIS RAYMOND VAUGHN AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1285 (Word version) -- Senators Wilson, Hayes, Branton, Leventis and Ravenel: A CONCURRENT RESOLUTION DESIGNATING APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN HONOR OF THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND IN GRATITUDE FOR THEIR OUTSTANDING SERVICE AND MANY SACRIFICES.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT

The Concurrent Resolution was introduced and, on motion of Senator MCCONNELL, with unanimous consent, ordered placed on the Calendar without reference.

S. 1287 (Word version) -- Senator Reese: A SENATE RESOLUTION TO RECOGNIZE THE SIGNAL HONOR THAT HAS BEEN BESTOWED UPON A MEMBER OF THE SENATE AND TO CONGRATULATE OUR COLLEAGUE ON ACHIEVING THE ULTIMATE RECOGNITION FROM THE ACADEMY OF MOTION PICTURE PARTS AND PIECES.
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Whereas, the Academy of Motion Picture Parts and Pieces is an honorary professional organization composed of thousands of part-time, nearly professional and almost talented motion picture craftsmen and women; and

Whereas, the goals of the academy are to enhance the opportunities for all of the nearly professional and almost talented to advance in their craft and to foster the appropriate climate to create these opportunities; and

Whereas, the academy's recognition of outstanding achievement and its cooperation on technical research and improvement of methods and equipment which help to make the nearly professional look almost talented, thereby having a significant impact on the success of the industry; and

Whereas, the academy has provided a common forum and support structure for the nearly great as well as the great and represents the viewpoint of not only the almost talented but also the actually gifted; and

Whereas, recognition of a nearly professional actor's talents by the academy is not limited to those who have only scratched the surface of a memorable performance but also includes those who have given the caliber of performance which almost nearly meets the minimum standards of the academy; and

Whereas, receipt of the academy's award is a singular achievement of unique distinction and a mark of special merit and great charity toward one's contribution to film and the art of acting; and

Whereas, the Governing Board of Directors of the Academy of Motion Pictures Parts and Pieces has awarded the Honorable Glenn F. McConnell an Oscar in the category of "Best Actor in a Nonspeaking Part in a Movie about a Civil War Submarine named The Hunley filmed on a Wednesday afternoon somewhere south of Broad Street in Charleston, South Carolina"; and

Whereas, the academy has directed that this award be presented to Senator McConnell by his colleagues in the Senate. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate congratulate their esteemed colleague, the Honorable Glenn F. McConnell, on his stunning performance which won him an Oscar for "Best Actor in a Non-speaking Part in a Movie about a Civil War Submarine named The Hunley filmed on a Wednesday afternoon somewhere south of Broad Street in Charleston, South Carolina".

Be it further resolved that this resolution be presented to the Honorable Glenn F. McConnell.

Senator REESE spoke on the Senate Resolution.

The Senate Resolution was adopted.

H. 4499 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF THE EXISTING SIDEWALK LOCATED BETWEEN W. R. GRACE AND CO. CRYOVAC DIVISION TO HIGHLAND DRIVE IN DUNCAN, SOUTH CAROLINA, THE "HUBERT E. JONES" SIDEWALK, AND INSTALL AN APPROPRIATE MARKER OR SIGN ALONG THE SIDEWALK IN HONOR OF MR. HUBERT E. JONES WHO WAS A LOYAL EMPLOYEE OF THE CRYOVAC DIVISION FOR THIRTY-FIVE YEARS AND WHO WALKED TO AND FROM HIS WORK ALONG THIS ROUTE ON A DAILY BASIS AND WHO, THUS, WALKED OVER FIFTEEN THOUSAND MILES DURING HIS CAREER.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2431, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 4756 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN ORANGEBURG COUNTY IN HONOR OF DR. M. MACEO NANCE, JR., PRESIDENT EMERITUS OF SOUTH CAROLINA STATE UNIVERSITY, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4775 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2000 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, AS AMENDED, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-

Read the first time and referred to the Committee on Finance.

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

Read the first time and referred to the Committee on Finance.

H. 4777 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS GENERAL FUND REVENUES AND TO TRANSFER TO THE GENERAL FUND OF THE STATE A PORTION OF VIDEO POKER LICENSE FEE REVENUES RETAINED BY THE DEPARTMENT OF REVENUE.

Read the first time and referred to the Committee on Finance.

H. 4778 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE FISCAL YEAR 1999-2000 SURPLUS GENERAL FUND REVENUES.

Read the first time and referred to the Committee on Finance.

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

The Concurrent Resolution was adopted, ordered returned to the House.

Columbia, S.C., March 23, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AT 12:00 NOON AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2000 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Very respectfully,
Speaker of the House

Received as information.

S. 1051 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION DESIGNATE HARPER STREET (HIGHWAY 221) SITUATED WITHIN THE CITY LIMITS OF LAURENS, SOUTH CAROLINA, AS THE PRESIDENT ANDREW JOHNSON MEMORIAL HIGHWAY AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

Senator O'DELL spoke on the Bill.

H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.

S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO

S. 1113 (Word version) -- Senators Setzler, Land, Passailaigue, Rankin, Reese, Moore, Short, O'Dell, McGill, Saleeby, Peeler, Giese, Courson and Martin: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 TO ENACT THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS AND PROVIDE FOR ITS OPERATION.

S. 1184 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ELECTIONS CONDUCTED BY MUNICIPAL ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE CHAIRMAN OF EACH COMMISSION MUST BE TRAINED AND CERTIFIED BY THE STATE ELECTION COMMISSION, AND TO FURTHER PROVIDE THAT THE OTHER COMMISSIONERS AND THEIR STAFFS MAY ALSO BE TRAINED AND CERTIFIED IF REQUIRED BY THE MUNICIPAL GOVERNING BODY.

S. 1195 (Word version) -- Senators Land and Hayes: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.

S. 1204 (Word version) -- Senators Drummond and Leventis: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY

Senator J. VERNE SMITH explained the Bill.

On motion of Senator HAYES, with unanimous consent, the name of Senator HAYES was added as a co-sponsor of S. 1204.

S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. Verne Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (1164EMS1), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.   (A)   The General Assembly finds that:

(1)   parent involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;

(2)   parent involvement and momentum for parent participation is evident for early childhood and elementary schools but declines in middle and high schools;

(3)   there does not appear to be an accountability mechanism in place to ensure support for parent involvement opportunities;

(4)   there is no structured system to enable, support, and sustain parent involvement at the various levels of state, district, or school responsibility;

(5)   barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and

(6)   there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parent involvement efforts and results.

(B)   The General Assembly has, therefore, determined to enact the provisions of this act in order to:

(1)   heighten awareness of the importance of parents' involvement in the education of their children and parental influence on the academic success of their children;

(2)   provide state and local leadership to enable schools to implement parent involvement best practices through adoption of policy and establishment of meaningful partnerships through interactions involving family, school, and the community;

(3)   provide parent involvement support, training, and resources to enable teachers and school staff to work with parents in the best interests of their children's education;

(4)   encourage and induce parents to become more interested and involved in their children's education and provide greater opportunities for parent-teacher contacts;

(5)   encourage employers to adopt workplace policies to enable parents to participate more fully in their children's education and in school activities; and

(6)   provide for a statewide system to monitor and evaluate the results of parent involvement efforts.

SECTION   2.   Title 59 of the 1976 Code is amended by adding:

Section 59-28-100.   This chapter may be cited as the 'Parent Involvement in their Children's Education Act'.

Section 59-28-110.   It is the purpose of the General Assembly in this chapter to:

(1)   heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;

(2)   encourage the establishment and maintenance of parent-friendly school settings; and

(3)   emphasize that, when parents and schools work as partners, a child's academic success can best be assured.

Section 59-28-300.   The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.

Section 59-28-310.   The State Board of Education shall:

(1)   require school and district long-range improvement plans required in Section 59-139-10 to include stated goals and objectives for parent involvement and methods for local evaluation of parent involvement efforts; and

(2)   recognize those districts and schools where parent involvement significantly increases beyond stated goals and objectives.

Section 59-28-320.   The State Superintendent of Education shall:

(1)   enroll the Department of Education as a state member of national organizations which promote proven parent involvement frameworks, models, and practices and provide related services to state and local members;

(2)   promote and encourage local school districts to join national parent involvement organizations as local members;

(3)   through state leadership, promote parent involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parent involvement is currently least visible;

(4)   designate a Department of Education staff position whose specific role is to coordinate statewide initiatives to support school and district parent involvement;

(5)   collect and disseminate to districts and schools practices shown by research to be effective in increasing parent involvement, including practices that are specific to grade levels, and other related elements which support parent involvement, such as the National Parent-Teacher Association standards;

(6)   sponsor statewide conferences on best practices;

(7)   monitor and evaluate parent involvement statewide and report results; and

(8)   identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parent involvement.

Section 59-28-330.   Each local school board of trustees shall:

(1)   consider joining national organizations which promote and provide technical assistance on various proven parent involvement frameworks and models;

(2)   incorporate, where possible, proven parent involvement practices into existing policies and efforts;

(3)   adopt policies that emphasize the importance of parent involvement and outline clearly defined expectations for the schools in the district;

(4)   require an annual briefing on district and school parent involvement programs including findings from state and local evaluations on the success of the district's and schools' efforts;

(5)   include parent involvement expectations as part of the superintendent's evaluation; and

(6)   provide incentives and formal recognition for schools that significantly improve or increase, or both, parent involvement, as defined by the State Board of Education.

Section 59-28-340.   The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.

Section 59-28-350.   Each school district superintendent shall consider:

(1)   designating staff to serve as parent liaison for the district to coordinate parent involvement initiatives and coordinate community and agency collaboration to support parents and families;

(2)   requiring each school to designate a faculty contact for parent involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts; and

(3) requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success.

.

Section 59-28-500.   The State Board of Education shall establish criteria for training on school initiatives and activities shown by research to increase parent involvement in their children's education and require all certified and noncertified school staff persons employed by South Carolina school districts and special schools to participate in this on-going training in parent involvement best practices.

Section 59-28-510.   The State Superintendent of Education shall:

(1)   work with higher education institutions and the pre-K through grade 12 education community, including parent program coordinators, to design the required parent involvement and best practices training programs, which shall include:

(a)   practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;

(b)   establishment and maintenance of a parent-friendly school setting;

(c)   awareness of community resources that strengthen families and assist students to succeed;

(d)   other topics appropriate for fostering partnerships between parent and teacher;

(2)   provide parent involvement staff development training for district and school liaisons, as needed;

(3)   provide other technical assistance relating to parent involvement training to districts and schools; and

(4)   work collaboratively with the Commission on Higher Education to incorporate parent involvement training into teacher preparation as a requirement for preservice and student teaching and into principal

Section 59-28-520.   Each local school board of trustees shall provide parent involvement orientation and the training required in Section 59-28-500 through staff development, with an emphasis on unique school and district needs, for all faculty and staff, no later than the 2002-2003 school year, and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education.

Section 59-28-700.   The Education Oversight Committee shall promote the importance of parent involvement through the public awareness campaign required by the Education Accountability Act and shall include:

(1)   advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;

(2)   requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;

(3)   promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly work place policies;

(4)   ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;

(5)   recognition of businesses and employers where parent-friendly policies have been adopted; and

(6)   recognition of agencies and faith communities that have supported and increased parent involvement in their children's education.

Section 59-28-710.   The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all parents in the State whose children attend public schools and to all teachers for their use in the classroom and with parents. The informational materials for distribution shall include:

(1)   a handbook or multi-media materials, or both, explaining the grade-level academic content standards and advice on how parents can help their children achieve the standards and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and

(2)   printed information about the standards and advice relative to parent involvement in their children's education for visible display and use in every public school K-12 classroom.

Section 59-28-720.   The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-710 to all districts and schools.

Section 59-28-730.   Each local school board of trustees by school year 2001-2002 shall:

(1)   establish policies and support actions to increase parent involvement which bring together the teacher, the parent, and the student to discuss the academic progress of the student; and

(2)   adopt policies requiring the district and schools to incorporate proven effective practices that enable parents to become more involved in the education of their children.

Section 59-28-900.   Each local school district superintendent shall encourage principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.

Section 59-28-1100.   The State Superintendent of Education shall monitor and conduct evaluations of school and district parent involvement programs and related components and practices as follows:

(1)   design a statewide system to evaluate the effectiveness of parent involvement efforts and to identify best practices;

(2)   share evaluation findings and recommendations with schools, districts, state and local agencies, higher education institutions for use in teacher preparation programs, and appropriate other state agencies and entities; and

(3)   provide reports of the evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.

Section 59-28-1110.     Each local school district superintendent shall:

(1) include parent involvement expectations as part of each principal's evaluation; and

(2)   include information about parent involvement opportunities and participation in the district's annual report."

SECTION   3.   (A)   Section 59-1-420 of the 1976 Code is amended to read:

"Section 59-1-420.   Notwithstanding any other provision of law, Beginning with school year 2002-2003, the statutory school term is one hundred ninety ninety-five days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten fifteen days, nine days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board.

For school years 2000-2001 and 2001-2002, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, seven days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools."

SECTION   4.     The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of

(1)   provide parent employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and

(2)   develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials.

SECTION   5.   Except as otherwise stated, this act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 1166 (Word version) -- Senator Alexander   : A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.

Senator ALEXANDER spoke on the Bill.

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.

S. 1235 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (sbd\1235.1), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE ACADEMIC YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.

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

SECTION   1.   Section 59-104-20 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"Section 59-104-20.   The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.

Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."

SECTION   2.   Section 59-113-20 of the 1976 Code is amended to read:

"Section 59-113-20.   The State of South Carolina shall grant an amount as provided in this chapter to any applicant who meets the following qualifications:

(a)   has been a resident of South Carolina for at least one year;

(b)   is of good moral character;

(c)   has demonstrated qualities of academic merit and financial need;

(d)   has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction; and

(e)   is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and

(f)   has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related

SECTION   3.   Section 59-142-10 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 59-142-10.   (A)   The State shall fund a need-based grant for a student who enrolls as an undergraduate in a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following qualifications:

(1)   meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;

(2)   is accepted by and enrolled or registered in a state public institution of higher learning as a first degree full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;

(3)   is of good moral character and has never been convicted of a felony; and;

(4)   has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and

(5) is found to be in financial need according to federal Title IV regulations.

(B)   To maintain continued eligibility for the state need-based grants, once enrolled a student shall:

(1)   complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an

(2)   have no criminal record have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and

(3)   be eligible for the need-based grants for a maximum of four academic years of two semesters."

SECTION   4.   Section 59-149-90(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"(A)   Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related drug-related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."

SECTION   5.   This act takes effect upon approval by the Governor; however, students receiving a Palmetto Fellows Scholarships, Tuition Grants or Need-based Grants adjudicated delinquent, convicted, or plead guilty to any alcohol or drug-related misdemeanors prior to July 1, 2000, shall not be penalized under this section." /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.

The Banking and Insurance Committee proposed the following amendment (S.767.SBI), which was adopted:

Amend the bill, as and if amended, Section 29-6-250(1), page 2, by striking lines 2 and 3 and inserting:

/ a contract to improve real property, and the contract is for a sum in excess of fifty /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

Senator McCONNELL proposed the following amendment (767R001.GFM), which was adopted:

Amend the bill, as and if amended, Section 29-6-250(4), page 2, line 19, after / judicial branch / by adding the following:

/ , and all local political subdivisions /

Amend the bill further, as and if amended, Section 29-6-250(4), page 2, line 22, after / Resources, / by striking the following:

/ and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts, /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 1159 (Word version) -- Senators Matthews, Holland, Passailaigue, Courtney, Patterson, Ford, Elliott, McGill, McConnell, Courson, Wilson and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.

The Banking and Insurance Committee proposed the following amendment (S.1159.SBI), which was adopted:

Amend the bill, as and if amended, by striking the Bill in its entirety and inserting in lieu thereof the following:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO DEFINE UNFAIR TRADE PRACTICES AND MAKE UNLAWFUL

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

SECTION 1. The 1976 Code is amended by adding:

"Section 39-5-170. It is declared an unfair trade practice and unlawful for any person who is engaged in the motor vehicle body or other motor vehicle repair business (a) to offer or make any payment to any third person for such third person's referral of an insurance claimant to the motor vehicle body or other motor vehicle repair business for motor vehicle repairs; or (b) to waive, rebate, give or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the motor vehicle body or other motor vehicle repair business."

SECTION 2.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:

H. 4665 (Word version) -- Rep. Klauber: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT

S. 1088 (Word version) -- Senators Short and Matthews: A BILL TO AMEND SECTION 20-7-9710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST STEPS TO READINESS BOARD OF TRUSTEES, SO AS TO ADD TO THE MEMBERSHIP THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OR HIS DESIGNEE.

S. 1140 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.

S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.

Senator SETZLER spoke on the Bill.

S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR

Senator McCONNELL spoke on the Bill.

H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.

Senator McCONNELL spoke on the Bill.

H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (975R001.NGS), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:

/     SECTION   1.   Chapter 125 of Title 59 of the 1976 Code is amended by adding:

Section 59-125-510.   (A)   The General Assembly finds that it is desirable to provide continuing and general statutory authority for Winthrop University to incur debt for the purpose of, among other things, acquiring, constructing, renovating, and equipping certain athletic facilities, which debt is secured by a pledge of the revenues derived from the operation of the athletic department of Winthrop University and by the proceeds of certain related admissions fees and special fees charged to students enrolled at Winthrop University. Winthrop University has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of such

(B)   Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize Winthrop University to acquire, construct, renovate, and equip additional such facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities and from related fees to the extent and under the conditions provided for in this article.

Section 59-125-520.   As used in this article:

(1)   'Admissions fee' means the specially designated admissions fee or charge which may, in addition to other charges, be imposed by the trustees upon persons admitted to any event held at an athletic facility, for the purpose of providing funds to assist in the repayment of bonds.

(2)   'Athletic department' means the athletic department of Winthrop.

(3)   'Athletic facilities' means all facilities designated by the trustees as intercollegiate athletic facilities now owned or hereafter acquired by Winthrop.

(4)   'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.

(5)   'Bond reserve fund' means the special fund which may be established by the trustees pursuant to this article, which must be in the custody of the State Treasurer or its corporate trust designee and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds in the event that payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they become due and payable.

(6)   'Debt service fund' means the fund established by this article for the payment of principal of and interest on bonds, which must be in the custody of the State Treasurer or its corporate trust designee.

(7)   'Net revenues' means all revenues remaining after payment of the operating and maintenance expenses of the athletic department but before provision is made for depreciation, amortization, nonmandatory transfers, and interest expenses of the athletic department for a given fiscal year.

(8)   'Revenues' means all revenues or other income, including investment income, received by the athletic department from the

(i)     gifts, bequests, contributions, and donations restricted to a particular purpose inconsistent with their use for the payment of the principal, premium, or interest on any obligations of the trustees or Winthrop;

(ii)   the proceeds of any borrowings;

(iii)   state appropriations of any sort; and

(iv)   revenues, income, receipts, and money received by the trustees or Winthrop for purposes other than those related to the athletic department.

(9)   'Special student fee' means the fee authorized by this article to be established by the trustees and which may be imposed upon persons in attendance at any academic session of Winthrop in order to provide funds to assist in the repayment of bonds.

(10)   'State board' means the State Budget and Control Board.

(11)   'Trustees' means the Board of Trustees of Winthrop or any successor body.

(12)   'Winthrop' means Winthrop University.

Section 59-125-530.   The trustees are authorized to acquire, construct, and equip additional athletic facilities and to improve, renovate, and equip existing athletic facilities to the extent they shall determine to be necessary, and the proceeds of bonds authorized by this article are made available for that purpose. The trustees also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange or otherwise. A portion of the proceeds of bonds issued for any of the above purposes also may be used to fund, establish, or replenish any bond reserve fund, to pay interest on the bonds as provided in Section 59-125-640(1), or to pay costs of issuance of the bonds or of any credit enhancement for the bonds as may be deemed necessary by the trustees.

Section 59-125-540.   Upon receiving the approval of the state board and upon review by the Joint Bond Review Committee, the trustees

Section 59-125-550.   Bonds issued pursuant to this article are payable from the revenues or the net revenues as designated by the trustees, as well as from proceeds of the admissions fee and the special student fee. Bonds issued pursuant to this article may be further secured by such additional pledges of other revenues or fees of Winthrop as Winthrop may be authorized to grant pursuant to other laws of this State. The trustees may abandon the use of any portion of the athletic facilities or sell or dispose of any portion of the athletic facilities upon the receipt of a written recommendation by the chief financial officer of Winthrop to the effect that such action does not adversely affect the ability of Winthrop to discharge its obligations to the holders of bonds issued pursuant to this article and upon such further conditions as prescribed in the resolution of the trustees providing for the issuance of bonds.

Section 59-125-560.   The faith and credit of the State must not be pledged for the payment of the principal and interest of such bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds is personally liable therefor.

Section 59-125-570.   In order to avail themselves of the authorizations set forth in this article, the trustees shall from time to time adopt resolutions providing for the issuance of bonds of Winthrop, within the limitations herein mentioned, which resolutions shall prescribe the tenor, terms, and conditions of such bonds. Such bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the trustees determine. The last maturing bonds of any issue must be expressed to mature not later than thirty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, shall fall due within three years from their date. The bonds shall bear such rates of interest, payable on such occasion, as the trustees shall prescribe, and the bonds must be in such denominations, must be payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date prior to their respective maturities. Bonds made

Section 59-125-580.   The bonds authorized by this article and all interest to become due thereon have the tax exempt status prescribed by Section 12-2-50.

Section 59-125-590.   It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the state board, as trustee of the South Carolina Retirement System, and all other governmental entities within the State to invest any monies in their hands in such bonds.

Section 59-125-600.   The bonds and the coupons, if any, attached to such bonds, must be executed manually or by facsimile in the name of Winthrop in such manner and by such persons as the trustees shall from time to time determine, and the seal of Winthrop must be affixed to, or impressed, or reproduced on each bond. Any coupons attached to such bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. Such bonds may, in the discretion of the trustees, be registerable as to principal and interest on books kept therefor by or on behalf of Winthrop, including by a corporate registrar. The delivery of the bonds so executed are valid notwithstanding changes in officers or in the seal occurring after such execution. Notwithstanding the foregoing, the bonds may, in the discretion of the trustees, be issued as fully registered, noncertificated, book-entry securities.

Section 59-125-610.   The bonds may be disposed of in such manner as the trustees shall determine, except that no privately negotiated sale without public advertisement may be made without the prior approval of the state board. The bonds may be sold at such discount or for such premium as may be determined by the trustees or their designee as being in the best interest of Winthrop.

Section 59-125-620.   The proceeds of all bonds must be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which such bonds have been issued. Withdrawals from the fund must be made on the order or requisition of the university and must be in such form as

Section 59-125-630.   To the end that provisions be made for the adequate payment of the principal of and interest on the bonds:

(1)(a)   The trustees shall maintain in full force and effect any necessary admissions fees or special student fee on a basis and in such amounts as will be sufficient, after taking into account net revenues and any other funds pledged to the payment of the bonds as provided under Section 59-125-640(4), to provide for the payment of the principal of and interest on the bonds as the same mature and to provide the required reserve therefor in any bond reserve fund. It is the duty of Winthrop to calculate the debt service requirements of the bonds not less frequently than annually and, if required at such time, appropriate revisions of any admissions fees or special student fee must be made by the trustees if such revisions are required, after taking into account net revenues for the year, to make adequate provisions for the payment of the principal of and interest on the bonds and the maintenance of any required reserve in a bond reserve fund.

(b)   The admissions fees and the special student fee, if any, must bear such nomenclature as the trustees shall prescribe. The special student fee may, in the discretion of the trustees, be included as a part of any other fee. The trustees shall account for the receipt from any admissions fees and special student fee to the State Treasurer, for deposit by the State Treasurer in the debt service fund.

(2)   The trustees shall cause to be established with the State Treasurer or its corporate trust designee on or before the occasion of the delivery of any bonds pursuant to this article, a debt service fund into which must be deposited annually sufficient funds as provided in this article to meet the payment of principal of and interest on the bonds for such year.

Section 59-125-640.   To the end that the payment of the principal of and interest on the bonds authorized hereby are adequately secured, the trustees are empowered in their discretion:

(1)   to issue bonds in such amount, within the limitations herein provided for, as the trustees consider necessary, it is lawful for the trustees to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on such bonds for a period equal to the period of construction or renovation of the athletic facilities to be financed with the proceeds of such bonds, plus a period not exceeding

(2)   to impose admissions fees and a special student fee upon such basis and in such amounts as the trustees shall determine;

(3)   to pledge the revenues or the net revenues as designated by the trustees, and the proceeds of any admissions fees and special student fee, as security for the payment of such bonds, whether then or thereafter to be existing. However, any surplus of such revenues or net revenues available after the payment of costs of operation and maintenance of the athletic department and of athletic facilities and of debt service on such bonds, and the establishment of any debt service reserve obligation in a bond reserve fund under the proceedings providing for the issuance of such bonds, may be placed in a contingency and improvement fund for athletic facilities in order to restore depreciated or obsolete athletic facilities, to make improvements to such athletic facilities, to defray the cost of unforeseen contingencies with regard to such athletic facilities, to prevent defaults under such bonds or to redeem any of such bonds, or may be reflected in the opening balance of the operating fund of the department for the next succeeding fiscal year and used for any purpose approved by the trustees;

(4)   to further secure the bonds with a pledge of any additional revenues or fees of Winthrop as may be authorized under other laws of the State;

(5)   to specify and limit the athletic facilities which may be made use of free of charge;

(6)   to covenant to establish and maintain such system of rules as will ensure the continuous and effective use of the athletic facilities;

(7)   to covenant that an adequate schedule of rates and charges for attendance at events held at any athletic facilities will be maintained, and that net athletic revenues plus any proceeds of the admissions fees and the special student fee will be sufficient to:

(a)   pay the cost of operating and maintaining the athletic department and the athletic facilities, including the cost of fire, extended coverage and use, and occupancy insurance;

(b)   pay the principal and interest of the bonds as they respectively become due;

(c)   provide any necessary debt service coverage ratios;

(d)   create and maintain any bond reserve fund established to meet the payment of principal and interest of any of the bonds; and

(e)   create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement of athletic facilities;

(8)   to covenant against the mortgaging or disposing of the athletic facilities and against permitting or suffering any lien to be created thereon, equal or superior to any lien created thereon for the benefit of the holders of such bonds. However, the trustees reserve the right, under such terms as they shall prescribe, to issue additional bonds on a parity with, or subordinate to, the bonds authorized by this article;

(9)   to covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;

(10)   to provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;

(11)   to make covenants with respect to the operation of the athletic department and the athletic facilities;

(12)   to covenant that all revenues or net revenues pledged for the payment of the bonds must be duly segregated into special funds and that such funds will be used solely for the purposes for which they are intended and for no other purpose;

(13)   to covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing such bonds shall prescribe;

(14)   to provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash, or United States Government obligations, or obligations of agencies thereof, which escrows may be funded with proceeds of bonds issued hereunder or revenues or net revenues or other funds available to Winthrop;

(15)   to prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto, and the manner in which consent shall be given;

(16)   to covenant as to the maintenance of the athletic facilities, the insurance to be carried thereon, and the use and disposition of proceeds from any insurance policy;

(17)   to prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before

(18)   to impose a statutory lien upon any athletic facilities as security for the payment of the bonds. The lien shall extend to such athletic facilities, to their appurtenances and extensions, to their additions, improvements, and enlargements to the extent specified in the resolutions and shall inure to the benefit of the holders of the bonds secured thereby. These athletic facilities shall remain subject to such statutory lien until the payment in full of the principal and interest of the bonds. Any holder of any of the bonds, or any of the coupons representing interest thereon, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the statutory lien, and may, by suit, action, mandamus, or other proceedings enforce and compel performance of all duties of the trustees, including the fixing of sufficient rates, the proper segregation of the revenues, and the proper application thereof. However, the statutory lien must not be construed to give any such bond or coupon holder authority to compel the sale of any of the athletic facilities or any part thereof;

(19)   to covenant that, if there be any default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the athletic department, with power to fix rates and charges for athletic facilities and other activities of the athletic department, and to apply the income and revenues of the athletic department to the payment of such bonds and the interest thereon;

(20)   to establish on or before the occasion of the delivery of any bonds issued pursuant to this article a bond reserve fund and to cause the same to be maintained by the State Treasurer or its corporate trustee designee, and to that end, the trustees are empowered to utilize any monies available for the funding of any such bond reserve fund, including revenues or net revenues previously accumulated prior to the issuance of bonds or available proceeds of the admissions fee or the special student fee. In the discretion of the trustees, in lieu of cash, such a bond reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the trustees, Winthrop may purchase an insurance policy ensuring payment of both principal and interest on any issuance of bonds hereunder;

(21)   with the consent of the State Treasurer, to appoint a corporate trustee and a paying agent for the bondholders, either of whom may be

Section 59-125-650.   The authorizations granted by this article must remain of full force and effect until they are rescinded by subsequent enactment, and no time limit is set for the issuance of bonds pursuant to this article."

SECTION   2.   A.   Sections 59-121-10 through 59-121-80 of the 1976 Code are designated Article 1, Chapter 121 of Title 59 and titled "General Provisions".

B.   Chapter 121, Title 59 of the 1976 Code is amended by adding:

Section 59-121-310.   (A)   The General Assembly finds that it is desirable to provide continuing and general statutory authority for The Citadel to incur debt for the purpose of, among other things, acquiring, constructing, renovating, and equipping certain athletic facilities, which debt is secured by a pledge of the revenues derived from the operation of the athletic department of The Citadel and by the proceeds of certain related admissions fees and special fees charged to students enrolled at The Citadel. The Citadel has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of such facilities. These facilities are needed to replace or renovate aging facilities and to provide additional facilities all to the end that the educational environment at The Citadel will be enhanced for the benefit of present and future students at The Citadel.

(B)   Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize The Citadel to acquire, construct, renovate, and equip additional such facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities and from related fees to the extent and under the conditions provided for in this article.

Section 59-121-320.   As used in this article:

(1)   'Admissions fee' means the specially designated admissions fee or charge which may, in addition to other charges, be imposed by the visitors upon persons admitted to any event held at an athletic facility, for the purpose of providing funds to assist in the repayment of bonds.

(2)   'Athletic department' means the athletic department of The Citadel.

(3)   'Athletic facilities' means all facilities designated by the visitors as intercollegiate athletic facilities now owned or hereafter acquired by The Citadel.

(4)   'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.

(5)   'Bond reserve fund' means the special fund which may be established by the visitors pursuant to this article, which must be in the custody of the State Treasurer or its corporate trust designee and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds in the event that payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they become due and payable.

(6)   'Citadel' means The Citadel, the Military College of South Carolina.

(7)   'Debt service fund' means the fund established by this article for the payment of principal of and interest on bonds, which must be in the custody of the State Treasurer or its corporate trust designee.

(8)   'Net revenues' means all revenues remaining after payment of the operating and maintenance expenses of the athletic department but before provision is made for depreciation, amortization, nonmandatory transfers, and interest expenses of the athletic department for a given fiscal year.

(9)   'Revenues' means all revenues or other income, including investment income, received by the athletic department from the operation of the athletic department and the athletic facilities, and all gifts, bequests, contributions, and donations received by the visitors or The Citadel from any persons, including from any athletic booster organization, for use in connection with the operations of the athletic department, plus any other unrestricted revenues of the athletic department not otherwise pledged that may be made applicable by the visitors to the payment of the principal and interest of the bonds, including such revenues which may fall into the category of nonmandatory transfers as such term is used in generally accepted accounting principles, but excluding:

(i)   gifts, bequests, contributions, and donations restricted to a particular purpose inconsistent with their use for the payment of the principal, premium, or interest on any obligations of the visitors or The Citadel.

(ii)   the proceeds of any borrowings;

(iii)   state appropriations of any sort; and

(iv)   revenues, income, receipts, and money received by the visitors or The Citadel for purposes other than those related to the athletic department.

(10)   'Special student fee' means the fee authorized by this article to be established by the visitors and which may be imposed upon persons in attendance at any academic session of The Citadel in order to provide funds to assist in the repayment of bonds.

(11)   'State board' means the State Budget and Control Board.

(12)   'Visitors' means the Board of Visitors of The Citadel or any successor body.

Section 59-121-330.   The visitors are authorized to acquire, construct, and equip additional athletic facilities and to improve, renovate, and equip existing athletic facilities to the extent they shall determine to be necessary, and the proceeds of bonds authorized by this article are made available for that purpose. The visitors also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange, or otherwise. A portion of the proceeds of bonds issued for any of the above purposes also may be used to fund, establish, or replenish any bond reserve fund, to pay interest on the bonds as provided in Section 59-121-440(1), or to pay costs of issuance of the bonds or of any credit enhancement for the bonds as may be deemed necessary by the visitors.

Section 59-121-340.   Upon receiving the approval of the state board and upon review by the Joint Bond Review Committee, the visitors may from time to time borrow such sums as necessary to accomplish the purpose of this article and to evidence such borrowings by bonds issued pursuant to this article in such aggregate principal amount as they determine, except that other provisions of this article to the contrary notwithstanding, there must not be outstanding at any time bonds issued pursuant to this article in excess of thirty-five million dollars.

Section 59-121-350.   Bonds issued pursuant to this article are payable from the revenues or the net revenues as designated by the visitors, as well as from proceeds of the admissions fee and the special student fee. Bonds issued pursuant to this article may be further secured by such additional pledges of other revenues or fees of The Citadel as The Citadel may be authorized to grant pursuant to other laws of this State. The trustees may abandon the use of any portion of the athletic facilities or sell or dispose of any portion of the athletic

Section 59-121-360.   The faith and credit of the State must not be pledged for the payment of the principal and interest of such bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the visitors nor any other person signing the bonds is personally liable therefor.

Section 59-121-370.   In order to avail themselves of the authorizations set forth in this article, the visitors shall from time to time adopt resolutions providing for the issuance of bonds of The Citadel, within the limitations herein mentioned, which resolutions shall prescribe the tenor, terms, and conditions of such bonds. Such bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the visitors determine. The last maturing bonds of any issue must be expressed to mature not later than thirty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, shall fall due within three years from their date. The bonds shall bear such rates of interest, payable on such occasion, as the visitors shall prescribe, and the bonds must be in such denominations, must be payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date prior to their respective maturities. Bonds made subject to redemption prior to their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, in such amount or amounts as the visitors shall prescribe in the resolutions authorizing their issuance. All bonds that are subject to redemption shall contain a statement to that effect on the face of each bond. The resolutions authorizing their issuance shall contain provisions specifying the manner of call for redemption and the notice of such call that must be given.

Section 59-121-380.   The bonds authorized by this article and all interest to become due thereon have the tax exempt status prescribed by Section 12-2-50.

Section 59-121-390.   It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the state board, as trustee of the South Carolina Retirement System, and all other

Section 59-121-400.   The bonds and the coupons, if any, attached to such bonds, must be executed manually or by facsimile in the name of The Citadel in such manner and by such persons as the visitors shall from time to time determine, and the seal of The Citadel must be affixed to, or impressed, or reproduced on each bond. Any coupons attached to such bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. Such bonds may, in the discretion of the visitors, be registerable as to principal and interest on books kept therefor by or on behalf of The Citadel, including by a corporate registrar. The delivery of the bonds so executed are valid notwithstanding changes in officers or in the seal occurring after such execution. Notwithstanding the foregoing, the bonds may, in the discretion of the visitors, be issued as fully registered, noncertificated, book-entry securities.

Section 59-121-410.   The bonds may be disposed of in such manner as the visitors shall determine, except that no privately negotiated sale without public advertisement may be made without the prior approval of the state board. The bonds may be sold at such discount or for such premium as may be determined by the visitors or their designee as being in the best interest of The Citadel.

Section 59-121-420.   The proceeds of all bonds must be delivered to the State Treasurer or its corporate trust designee and retained in a special fund or funds and applied solely to the purposes for which such bonds have been issued. Withdrawals from the fund must be made on the order or requisition of The Citadel and must be in such form as the State Treasurer shall prescribe. The State Treasurer may make temporary investments of funds derived from the proceeds of bonds in the manner prescribed by law.

Section 59-121-430.   To the end that provisions be made for the adequate payment of the principal of and interest on the bonds:

(1)(a)   The visitors shall maintain in full force and effect any necessary admission fees or special student fee on a basis and in such amounts as will be sufficient, after taking into account net revenues and any other funds pledged to the payment of the bonds as provided under Section 59-121-440(4), to provide for the payment of the principal of and interest on the bonds as the same mature and to provide the required reserve therefor in any bond reserve fund. It is the duty of The Citadel to calculate the debt service requirements of the bonds not less frequently than annually and, if required at such time, appropriate

(b)   The admissions fees and the special student fee, if any, must bear such nomenclature as the visitors shall prescribe. The special student fee may, in the discretion of the visitors, be included as a part of any other fee. The visitors shall account for the receipt from any admissions fees and special student fee to the State Treasurer, for deposit by the State Treasurer in the debt service fund.

(2)   The visitors shall cause to be established with the State Treasurer or its corporate trust designee on or before the occasion of the delivery of any bonds pursuant to this article, a debt service fund into which must be deposited annually sufficient funds as provided in this article to meet the payment of principal of and interest on the bonds for such year.

Section 59-121-440.   To the end that the payment of the principal of and interest on the bonds authorized hereby are adequately secured, the visitors are empowered in their discretion:

(1)   to issue bonds in such amount, within the limitations herein provided for, as the visitors consider necessary, it is lawful for the visitors to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on such bonds for a period equal to the period of construction or renovation of the athletic facilities to be financed with the proceeds of such bonds, plus a period not exceeding six months, it being recognized by the General Assembly, that until the athletic facilities to be constructed or renovated with the proceeds of the bonds are completed, an undue burden may be imposed upon then existing revenues or other sources of payment of the bonds;

(2)   to impose admissions fees and a special student fee upon such basis and in such amounts as the visitors shall determine;

(3)   to pledge the revenues or the net revenues as designated by the visitors, and the proceeds of any admissions fees and special student fee, as security for the payment of such bonds, whether then or thereafter to be existing. However, any surplus of such revenues or net revenues available after the payment of costs of operation and maintenance of the athletic department and of athletic facilities and of debt service on such bonds, and the establishment of any debt service reserve obligation in a bond reserve fund under the proceedings

(4)   to further secure the bonds with a pledge of any additional revenues or fees of The Citadel as may be authorized under other laws of the State;

(5)   to specify and limit the athletic facilities which may be made use of free of charge;

(6)   to covenant to establish and maintain such system of rules as will ensure the continuous and effective use of the athletic facilities;

(7)   to covenant that an adequate schedule of rates and charges for attendance at events held at any athletic facilities will be maintained, and that net athletic revenues plus any proceeds of the admissions fees and the special student fee will be sufficient to:

(a)   pay the cost of operating and maintaining the athletic department and the athletic facilities, including the cost of fire, extended coverage and use, and occupancy insurance;

(b)   pay the principal and interest of the bonds as they respectively become due;

(c)   provide any necessary debt service coverage ratios;

(d)   create and maintain any bond reserve fund established to meet the payment of principal and interest of any of the bonds; and

(e)   create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement of athletic facilities;

(8)   to covenant against the mortgaging or disposing of the athletic facilities and against permitting or suffering any lien to be created thereon, equal or superior to any lien created thereon for the benefit of the holders of such bonds. However, the visitors reserve the right, under such terms as they shall prescribe, to issue additional bonds on a parity with, or subordinate to, the bonds authorized by this article;

(9)   to covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;

(10)   to provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;

(11)   to make covenants with respect to the operation of the athletic department and the athletic facilities;

(12)   to covenant that all revenues or net revenues pledged for the payment of the bonds must be duly segregated into special funds and that such funds will be used solely for the purposes for which they are intended and for no other purpose;

(13)   to covenant for the mandatory redemption of bonds on such terms and conditions as the resolutions authorizing such bonds shall prescribe;

(14)   to provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash, or United States Government obligations, or obligations of agencies thereof, which escrows may be funded with proceeds of bonds issued hereunder or revenues or net revenues or other funds available to The Citadel;

(15)   to prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent thereto, and the manner in which consent shall be given;

(16)   to covenant as to the maintenance of the athletic facilities, the insurance to be carried thereon, and the use and disposition of proceeds from any insurance policy;

(17)   to prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived;

(18)   to impose a statutory lien upon any athletic facilities as security for the payment of the bonds. The lien shall extend to such athletic facilities, to their appurtenances and extensions, to their additions, improvements, and enlargements to the extent specified in the resolutions and shall inure to the benefit of the holders of the bonds secured thereby. These athletic facilities shall remain subject to such statutory lien until the payment in full of the principal and interest of the bonds. Any holder of any of the bonds, or any of the coupons representing interest thereon, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the statutory lien, and may, by suit, action, mandamus, or other proceedings enforce and compel performance of all duties of the

(19)   to covenant that, if there be any default in the payment of the principal of or interest upon any of the bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the athletic department, with power to fix rates and charges for athletic facilities and other activities of the athletic department, and to apply the income and revenues of the athletic department to the payment of such bonds and the interest thereon;

(20)   to establish on or before the occasion of the delivery of any bonds issued pursuant to this article a bond reserve fund and to cause the same to be maintained by the State Treasurer or its corporate trustee designee, and to that end, the visitors are empowered to utilize any monies available for the funding of any such bond reserve fund, including revenues or net revenues previously accumulated prior to the issuance of bonds or available proceeds of the admissions fee or the special student fee. In the discretion of the visitors, in lieu of cash, such a bond reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the visitors, The Citadel may purchase an insurance policy ensuring payment of both principal and interest on any issuance of bonds hereunder;

(21)   with the consent of the State Treasurer, to appoint a corporate trustee and a paying agent for the bondholders, either of whom may be the State Treasurer, and to prescribe the manner in which revenues or net revenues, as well as proceeds of admissions fees and special student fees shall be utilized and disposed of. Any such corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolutions of the visitors authorizing the issuance of bonds.

Section 59-121-450.   The authorizations granted by this article must remain of full force and effect until they are rescinded by subsequent enactment, and no time limit is set for the issuance of bonds pursuant to this article."

SECTION   3.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-962 AMENDMENT1)   , which was adopted:

Amend the bill, as and if amended, Section 40-22-60(B), page 33, by striking lines 12-13 and inserting:

/(B) The board may promulgate regulations defining the requirements for licensure for each of the surveying/

Amend further, Section 40-22-225(B)(1), page 40 by striking line 37 and inserting:

/the equivalent in quarter hours of surveying, mapping, photogrammetry, remote sensing, or geographic information systems courses/

Amend further, Section 40-22-225(B)(2), page 41, by striking line 5 and inserting:

/surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/

Amend further, Section 40-22-225(C)(1), page 41, by striking line 28 and inserting:

/in surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/

Amend further, Section 40-22-225(C)(2), page 41, by striking line 40 and inserting:

/surveying, mapping, photogrammetry, remote sensing, or geographic information systems of not less than twelve semester hours or/

Amend further, Section 40-22-225(D)(1), page 42, by striking line 15 and inserting:

/quarter hours of surveying, mapping, hydraulics, hydrology, photogrammetry, remote sensing, or geographic information systems/

Amend further, Section 40-22-225(D)(1), page 42 by striking line 20 and inserting:

/quarter hours of surveying, mapping, hydraulics, hydrology, photogrammetry, remote sensing, or geographic information systems/

Amend further, Section 40-22-270(1) page 48, by striking line 36 and inserting:

/July 1, 2001, which may have the legend 'Registered Professional/

Amend further, Section 40-22-290(9), page 52, by striking line 36 and inserting:

/property tax mapping, remote sensing, and implementation and maintenance of a/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

Senators MOORE, J. VERNE SMITH and LEVENTIS proposed the following amendment (S-962 AMENDMENT3), which was adopted:

Amend the bill, as and if amended, Section 40-22-20(23), page 29 by striking lines 15-43 and page 30 by striking lines 1-11 and inserting:

/(23) 'Practice of TIER A land surveying' means providing professional services including, but not limited to, consultation investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation

(a) Land Boundary Surveyor:

(1) locates, relocates, establishes, re-establishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land;

(2) determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys;

(3)   conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites.

(b)   A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects thereon by applying the principles of mathematics on remotely sensed data, such as photogrammetry.

(c)   A geographic information systems/land information systems mapper creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b) above.

Amend further Section 40-22-20(24), page 30, by striking lines 12-21 and inserting:

/(24)   'Practice of TIER B land surveying' includes all rights and privileges of the TIER A land boundary surveying discipline defined in Section 40-22-20(23)(a); and in addition to these rights and privileges,

Amend further Section 40-22-20(28), page 30, by striking line 37 and inserting:

/qualified to practice any discipline of TIER A or TIER B land surveying in this/

Amend further Section 40-22-60(B), page 33, by striking lines 12-13 and inserting:

/(B)   The board may promulgate regulations defining the requirements for licensure for each of the surveying/

Amend further Section 40-22-225(B), page 40, by striking lines 32-43 and page 41, by striking lines 1-11 and inserting:

/(1)   graduation from a school or college of four or more years with a board-approved bachelor of science degree or an ABET commission accredited curriculum in a related field or a substantially equivalent program including in the curriculum not less than twelve semester hours or the equivalent in quarter hours of discipline-specific courses satisfactory to the board in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of one or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered professional land surveyor and has passed the written or electronic examinations in the Fundamentals of Land Surveying as prescribed by the board; or

(2)   graduation from a school or college of two years or more with an associate degree in a TAC/ABET commission accredited curriculum of engineering technology, land surveying, or a substantially equivalent program including completed discipline-specific courses satisfactory to the board of not less than twelve semester hours or the equivalent in quarter hours in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of three years or more of progressive practical experience of a character satisfactory to the board and performed under a practicing professional land surveyor, and has passed the written or electronic examinations in the Fundamentals of Land Surveying as prescribed by the board.

(3)   On July 1, 2010, Section 40-22-225(B)(2) will be void./

Amend further, Section 40-22-225(C), page 41, by striking lines 23-43 and page 42, by striking lines 1-5 and inserting:

/   (1)   graduation from a school or college of four or more years with a board-approved bachelor of science degree or an ABET commission accredited curriculum in a related field or a substantially equivalent program, including completed discipline-specific courses of not less than twelve semester hours or the equivalent in quarter hours satisfactory to the board in each of the disciplines described in Section 40-22-20(23) for which the applicant is requesting licensure, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered professional land surveyor, and passing of the Fundamentals of Land Surveying examinations and the written or electronic examinations in the Principles and Practices of TIER A Land Surveying in the discipline for which the applicant is requesting licensure as prescribed by the board; or

(2)   graduation from a school or college of two or more years with an associate degree in a TAC/ABET Commission accredited curriculum of engineering technology, land surveying, or a substantially equivalent program, including completed discipline-specific courses of not less than twelve semester hours or the equivalent in quarter hours satisfactory to the board, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing professional land surveyor, and passing of the Land Surveyor-in-Training Fundamentals of Land Surveying Examinations and the written or electronic examinations in the Principles and Practices of TIER A Land Surveying in the disciplines for which the applicant is requesting licensure as prescribed by the board.

(3)   On July 1, 2010, Section 40-22-225(C)(2) will be void./

Amend further, Section 40-22-225(D)(1), page 42, by striking lines 21-27 and inserting:

/courses satisfactory to the board, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered land surveyor, and passing of the Land Surveyor-in-Training Fundamentals of Land Surveying examinations and the written or electronic examinations in the Principles and Practices of TIER A and TIER B Land Boundary Surveying as prescribed by the board./

Amend further, Section 40-22-225(E), page 42, by striking lines 31-32 and inserting:

/(E)   As of June 30, 2001, a person who has been practicing land surveying pursuant to Section 40-22-20(23)(a)(3), (b), or (c) with at/

Amend further, Section 40-22-225(E), page 43, by striking line 3 and inserting:

/a minimum of three of the required years of experience;

(d)   photogrammetrists with seven years experience and a high school diploma or the equivalent as of June 30, 2001, meet the education and experience requirements for licensure; or

(e)   any licensee qualifying under Section 40-22-225(E) is restricted to practice within their specific discipline, disciplines, or sub-discipline./

Amend further Section 40-22-225(E), page 43, by striking line 6 and inserting:

/projects, practicing within the United States including itemized/

Amend further, Section 40-22-225(E), page 43 by striking lines 18-22 and inserting:

/   (4)   application is filed with the board before July 1, 2004. After June 30, 2004, no geodetic surveyor, photogrammetric surveyor, remote sensing surveyor, or GIS mapper may be licensed without meeting the requirements for education, length of experience, testing, or reciprocity criteria pursuant to this chapter.

/(F)   Applicants for licensure and registration as TIER A and TIER B Professional Land Surveyors qualifying under Section 40-22-225(C)(1) or Section 40-22-225(D)(1) before July 1, 2004, will satisfy the experience requirement with two years' progressive practical experience satisfactory to the board and performed under a practicing registered land surveyor./

Amend further Section 40-22-230(C), page 44, by striking lines 13-15 and inserting:

/the board; however, a land boundary surveying applicant must pass a written examination including questions of law, procedures, and practices pertaining to the practice of land boundary surveying in this State./

Amend further, Section 40-22-270, page 48 by striking line 36 and inserting:

/July 1, 2001, which may have the legend 'Registered Professional/

Amend further, Section 40-22-290(9), page 52, by striking lines 33-39 and inserting:

/(9)   the work of any official or employee of a political subdivision of this State while in the performance of their official duties involving Emergency 911 mapping, land use mapping, property tax mapping,

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

Senator HUTTO proposed the following amendment (S1129001), which was adopted:

Amend the committee report, as and if amended, on page [1129-23], Section 13-7-840, by striking line 9 in its entirety and inserting in lieu thereof the following:

/     appointed by the Governor with the advice and consent of the Senate as follows: One Two shall be actively     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Committee on Agriculture and Natural Resources proposed the following amendment (SAG001), which was adopted:

Amend the bill, as and if amended, by striking all before the enacting words and after the title and inserting in lieu thereof the following:

Whereas, the Atlantic Interstate Low-Level Radioactive Waste Compact (Atlantic Compact), currently consisting of the states of Connecticut and New Jersey, was created in response to a federal law that encourages states to form interstate compacts for the disposal of low-level radioactive waste and allows them to restrict the amount of out-of-region waste received; and

Whereas, the Atlantic Compact and South Carolina have agreed that South Carolina's membership in the compact would achieve certain objectives important to both the current member states and to South Carolina; and

Whereas, membership by South Carolina in the Atlantic Compact will empower the State to control access to the state's low-level radioactive waste disposal facility located in Barnwell County by waste generators outside the compact region. Now, therefore,

Amend the bill further as and if amended by striking all after the enacting words and inserting in lieu thereof the following:

/     SECTION 1.   Title 48 of the 1976 Code is amended by adding:

Section 48-46-10.   This chapter may be cited as the 'Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act'.

Section 48-46-20.   The purpose of this act is to establish South Carolina as a member of the Atlantic Low-Level Radioactive Waste Compact, known in federal statute as the 'Northeast Interstate Low-Level Radioactive Waste Management Compact' and to authorize and direct specific processes and procedures that are necessary to implement South Carolina's responsibilities in the compact.

Section 48-46-30.   As used in this chapter, unless the context clearly requires a different construction:

(1)   'Allowable costs' means costs to a disposal site operator of operating a regional disposal facility. These costs are limited to costs determined by standard accounting practices and regulatory findings to be associated with facility operations.

(2)   'Atlantic Compact' means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the 'Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985', Public Law 99-240, Title II. Use of the term 'Atlantic Compact' does not change in any way the substance of and is to be considered identical to the Northeast Interstate Low-Level Radioactive Waste Management Compact.

(3)   'Atlantic Compact Commission' or 'compact commission' means the governing body of the Atlantic Compact,

consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina.

(4)   'Board' means the South Carolina Budget and Control Board or its designated official.

(5)   'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and

(6) 'Disposal rates' means the price paid by customers of a regional disposal facility for disposal of waste, including any

price schedule or breakdown of the price into discrete elements or cost components.

(7) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).

(8) 'Facility operator' means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina.

(9)'Generator' means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste.

(10)   'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.

(11)   'Nonregional generator' means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.

(12)   'Nonregional waste' means waste produced by a nonregional generator.

(13)   'Person' means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states.

(14)   'Price schedule' means disposal rates.

(15)   'PSC' means the South Carolina Public Service Commission.

(16)   'Receipts' means the total amount of money collected by the site operator for waste disposal over a given period of time.

(17)   'Regional disposal facility' means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility.

(18)   'Regional generator' means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal.

(19)   'Regional waste' means waste generated within a member state of the Atlantic Compact. Consistent with the regulatory position of the Department of Health and Environmental Control, Bureau of Radiological Health, dated May 1, 1986, some waste byproducts shipped for disposal that are derived from wastes generated within the Atlantic Compact region, such as residues from recycling, processing, compacting, incineration, collection, and brokering facilities located outside the Atlantic Compact region may also be considered regional waste.

(20)   'Site operator' means a facility operator.

(21) 'South Carolina generator' means a waste generator that produces waste within the boundaries of the State of South Carolina, whether or not this waste is sent to facilities outside South Carolina for purposes of consolidation, treatment, or processing for disposal.

(22)   'Waste' means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7.2.22, that is eligible for acceptance for disposal at a regional disposal facility.

Section 48-46-40.   (A)(1)   The board shall approve disposal rates for low-level radioactive waste disposed at any regional disposal facility located within the State.

(2) The board shall adopt a rate schedule for regional generators containing rates that include the administrative

surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and maintenance of the facility pursuant to Section 13-7-30(4) and that do not exceed the disposal rates charged to regional generators at the end of calendar year 1999. The initial disposal rates approved under this section become effective immediately upon South Carolina's membership in the Atlantic Compact.

(3)   The board may at any time of its own initiative, at the request of a site operator, or at the request of the compact

commission, adjust the disposal rate or the relative proportions of the individual components that constitute the overall rate schedule. Except as adjusted for inflation in subsection (4), rates adjusted in accordance with this section, that include the administrative surcharges specified in Section 48-46-60(B) and surcharges for the extended custody and

(4)   In March of each year the board shall adjust the rate schedule based on the most recent changes in the most nearly applicable Producer Price Index published by the Bureau of Labor Statistics as chosen by the board, or a successor index.

(5)   In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for regional waste that differ from the disposal rate schedule for regional generators set by the board pursuant to subsections (2) and (3). Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee, shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the state or other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or the request for proposal containing the special rate is accepted by the regional generator; provided, however, that such special rates when accepted by a regional generator shall be disclosed to the compact commission and to all other regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing this special rate is accepted by the regional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators of each special rate that has been accepted by a regional generator, and the board, the compact commission, and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a regional generator is lower than a disposal rate approved by the board for regional generators pursuant to subsections (2) and (3) for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the regional generator. Regional generators may enter into contracts for waste disposal at such special rates and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator's disposal rate exceeds any other regional

(6)(a)   To the extent authorized by the compact commission, the board on behalf of the State of South Carolina may enter into agreements with any person in the United States or its territories or any interstate compact, state, U.S. territory, or U.S. Department of Defense military installation abroad for the importation of waste into the region for purposes of disposal at a regional disposal facility within South Carolina. No waste from outside the Atlantic Compact region may be disposed at a regional disposal facility within South Carolina, except to the extent that the board is authorized by the compact commission to enter into agreements for importation of waste.

The board shall authorize the importation of nonregional waste into the region for purposes of disposal at the regional disposal facility in South Carolina so long as nonregional waste would not result in the facility accepting more than the following total volumes of all waste:

(1) 160,000 cubic feet in fiscal year 2001; (2)

(3) 80,000 cubic feet in fiscal year 2002; (4)

(5) 70,000 cubic feet in fiscal year 2003; (6)

(7) 60,000 cubic feet in fiscal year 2004; (8)

(9) 50,000 cubic feet in fiscal year 2005; (10)

(11) 45,000 cubic feet in fiscal year 2006; (12)

(13) 40,000 cubic feet in fiscal year 2007; (14)

(15) 35,000 cubic feet in fiscal year 2008. (16)

After fiscal year 2008, the board shall not authorize the importation of nonregional waste for purposes of disposal.

(b)   The board may approve disposal rates applicable to nonregional generators. In approving disposal rates applicable to nonregional generators, the board may consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors.

(c)   Absent action by the board under subsection (b) above to establish disposal rates for nonregional generators, rates

applicable to these generators must be equal to the rates approved by the board for regional generators.

(d)   Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in

any fiscal quarter.

(e)   In consultation with the site operator, the board or its designee, on a case-by-case basis, may approve special disposal rates for nonregional waste that differ from the disposal rate schedule for nonregional generators set by the board. Requests by the site operator for such approval shall be in writing to the board. In approving such special rates, the board or its designee shall consider available disposal capacity, demand for disposal capacity, the characteristics of the waste, the potential for generating revenue for the State, and other relevant factors; provided, however, that the board shall not approve any special rate for an entity owned by or affiliated with the site operator. Special disposal rates approved by the board under this subsection shall be in writing and shall be kept confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator; provided, however, that such special rates when accepted by a nonregional generator shall be disclosed to the compact commission, and to all regional generators, which shall, to the extent permitted by applicable law, keep them confidential as proprietary business information for one year from the date when the bid or request for proposal containing the special rate is accepted by the nonregional generator. Within one business day of a special disposal rate's acceptance, the site operator shall notify the board, the compact commission, and the regional generators in writing of each special rate that has been accepted by a nonregional generator, and the board, the compact commission and regional generators may communicate with each other about such special rates. If any special rate approved by the board for a nonregional generator is lower than a disposal rate approved by the board for regional generators for waste that is generally similar in characteristics and volume, the disposal rate for all regional generators shall be revised to equal the special rate for the nonregional generator. Regional generators may enter into contracts for waste disposal at such special rate and on comparable terms for a period of not less than six months. An officer of the site operator shall certify in writing to the board and the compact commission each month that no regional generator disposal rate exceeds any nonregional generator's special rate for waste that is generally similar in characteristics and volume, and such certification shall be subject to periodic audit by the board and the compact commission.

  (B)(1)   Effective upon the implementation of initial disposal rates by the board under Section 48-46-40(A), the PSC is authorized and

(2)   In identifying the allowable costs for operating a regional disposal facility, the PSC shall:

(a)   prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;

(b)   obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;

(c)   assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and

(d)   require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings.

(3)   Allowable costs include the costs of those activities necessary for:

(a)   the receipt of waste;

(b)   the construction of disposal trenches, vaults, and overpacks;

(c)   construction and maintenance of necessary physical facilities;

(d)   the purchase or amortization of necessary equipment;

(e)   purchase of supplies that are consumed in support of waste disposal activities;

(f)   accounting and billing for waste disposal;

(g)   creating and maintaining records related to disposed waste;

(h) the administrative costs directly associated with disposal operations including but not limited to salaries, wages, and employee benefits;

(i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and

maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund;

(j)     compliance with the license, lease, and regulatory requirements of all jurisdictional agencies;

(k)   administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60;

(l)     taxes other than income taxes;

(m)   licensing and permitting fees; and

(n)   any other costs directly associated with disposal operations determined by the PSC to be allowable.

Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable.

(4)   Within 90 days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.

(5)   A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities.

(6)   The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7).

(7)   (a)   If the board, upon the advice of the compact commission or the site operator, concludes based on information provided to the board, that the volume of waste to be disposed during a forthcoming period of time does not appear sufficient to generate receipts that will be adequate to reimburse the site operator for its costs of operating the facility and its operating margin, then the board shall direct the site operator to propose to the compact commission plans including, but not necessarily limited to, a proposal for discontinuing acceptance of waste until such time as there is sufficient waste to cover the site operator's operating costs and operating margin. Any proposal to suspend operations must detail plans of the site operator to minimize its costs

(b)     Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the board from the extended care maintenance fund for its allowable costs and its operating margin. During the suspension funding to reimburse the board, the PSC, and the State Treasurer under Section 48-46-60(B) and funding of the compact commission under Section 48-46-60(C) must also be allocated from the extended care maintenance fund as approved by the board based on revised budgets submitted by the PSC, State Treasurer, and the compact commission.

(c)   Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the board shall continue to ensure, in accordance with Section 13-7-30, that the fund remains adequate to defray the costs for future maintenance costs or custodial and maintenance obligations of the site and other obligations imposed on the fund by this chapter.

(d)   The PSC may promulgate regulations and policies necessary to execute the provisions of this section.

(8)   The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.

(9)   In all proceedings held pursuant to this section, the board shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.

(10)   In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceeding under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.

(11)   At any time the compact commission, the board, or any generator subject to payment of rates set pursuant to this chapter may file a complaint against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint, the PSC shall cause a copy of the complaint to be served upon the site operator. The complaining party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.

(12)   The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.

(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, and the board within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.

(D)(1) Within 30 days following the end of the fiscal year the operator of a regional disposal facility shall submit a payment made payable to the South Carolina Department of Revenue in an amount that is equal to the total revenues received for waste disposed in that fiscal year (with interest accrued on cash flows in accordance with instructions from the State Treasurer) minus allowable costs, operating margin, and any payments already made from such revenues pursuant to Section 48-46-60(B) and (C) for reimbursement of administrative costs to state agencies and the compact commission. The Department of Revenue shall deposit the payment with the State Treasurer.

(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the board must reimburse the site operator its allowable costs and operating margin from the extended care maintenance fund within thirty days after the end of the fiscal year. The board shall as soon as practicable authorize a surcharge on waste

(E)   Revenues received pursuant to item (1) of subsection (D) must be allocated as follows:

(1)   The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.

(2)   All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the State Treasurer, and the board for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year.

(3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the

Section 48-46-50.   (A)   The Governor shall appoint two commissioners to the Atlantic Compact Commission, and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the board, the PSC, and other state agencies may participate in relevant portions of meetings of the compact commission upon the request of a commissioner, alternate commissioner, or staff of the compact commission, or as called for in the compact commission bylaws.

(B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility. (C)

(C)   Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a

regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey.

(D)   South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste:

(1) 160,000 cubic feet in fiscal year 2001; (2)

(3) 80,000 cubic feet in fiscal year 2002; (4)

(5) 70,000 cubic feet in fiscal year 2003; (6)

(7) 60,000 cubic feet in fiscal year 2004; (8)

(9) 50,000 cubic feet in fiscal year 2005; (10)

(11) 45,000 cubic feet in fiscal year 2006; (12)

(13) 40,000 cubic feet in fiscal year 2007;

(14) 35,000 cubic feet in fiscal year 2008. (15)

South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008.

Section 48-46-60.   (A)   The Governor and the board are authorized to take such actions as are necessary to join the Atlantic Compact including, but not limited to, petitioning the Compact Commission for membership and participating in any and all rulemaking processes. South Carolina's membership in the Atlantic Compact pursuant to this chapter is effective July 1, 2000, if by that date the Governor certifies to the General Assembly that the Compact Commission has taken each of the actions specified below. If the Compact Commission by July 1, 2000, has not taken each of the actions specified below, then South Carolina's membership shall become effective as soon thereafter as the Governor certifies that the Atlantic Compact Commission has taken these actions:

(1)   adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions;

(2)   adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with 5(b) of this section;

(3)   adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region;

(4)   authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter;

(5)   adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the

(a)   agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the board. Expenditures must be authorized by the Barnwell County governing body and with the approval of the board. Upon approval of the Barnwell County governing body and the board, the State Treasurer shall submit the approved funds to the Barnwell County Treasurer for disbursement pursuant to the authorization;

(b)   adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission;

(c)   agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and

(d)   agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.

  (B)   The board, the State Treasurer, and the PSC shall provide the required staff and may add additional permanent or temporary staff or contract for services, as well as provide for operating expenses, if necessary, to administer new responsibilities assigned under this chapter. In accordance with Article V.f.2. of the Atlantic Compact the compensation, costs, and expenses incurred incident to administering these responsibilities may be paid through a surcharge on waste disposed at regional disposal facilities within the State. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State. A site operator shall collect and remit these fees to the board in accordance with the board's directions. All such surcharges shall be included within the disposal rates set by the board pursuant to Section 48-46-40.

(C)   In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the board at least annually, but more frequently if the compact commission deems appropriate, of the compact commission's costs and expenses. To cover these costs the board shall impose a surcharge per unit of waste received at any regional disposal facility located within the State as determined in Section 48-46-40. A site operator shall collect and remit these fees to the board in accordance with the board's directions, and the board shall remit those fees to the compact commission.

Section 48-46-70.   The Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985) as it existed on the date this act was enacted, is hereby incorporated by reference, and all terms and conditions contained therein shall have full force and effect as if set forth herein in their entirety. In addition to the express limitations on non-host state and compact commission liability provided in the Northeast Interstate Low-Level Radioactive Waste Management Compact, South Carolina will indemnify the Atlantic Compact Commission or any of the other party states for any damages incurred solely because of South Carolina's membership in the compact and for any damages associated with any injury to persons or property during the institutional control period resulting from the radioactive and waste management operations of the regional facility.

Section 48-46-80.   Pursuant to Section 48-2-10 et seq., the Department of Health and Environmental Control may adjust the

Section 48-46-90.   (A)   In accordance with Section 13-7-30, the board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The Department of Health and Environmental Control is responsible for continued site monitoring.

(B)   Nothing in this chapter may be construed to alter or diminish the existing statutory authority of the Department of Health and
Environmental Control to regulate activities involving radioactive materials and radioactive wastes."

SECTION 2.   Section 13-7-10 of the 1976 Code, as last amended by Act 552 of 1990, is further amended by adding at the end:

(10)   'Decommissioning trust fund' means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. (grantor), the South Carolina Budget and Control Board (beneficiary), and the South Carolina State Treasurer (trustee), whose purpose is to assure adequate funding for decommissioning of the disposal site, or any successor fund with a similar purpose.

(11) 'Extended care maintenance fund' means the 'escrow fund for perpetual care' that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control, and for activities associated with closure of the site as provided for in Section 13-7-30(4).

(12)   'Maintenance' means active maintenance activities as specified by the Department of Health and Environmental Control including pumping and treatment of groundwater and the repair and replacement of disposal unit covers.

SECTION   3.   Section 13-7-30 of the 1976 Code, as last amended by Section 70A, Part II, Act 501 of 1992, is further amended to read:

"Section 13-7-30.   For purposes of this article, the State Budget and Control Board, hereinafter in this section referred to as the board, is designated as the agency of the State which shall have the following powers and duties that are in accord with its already established responsibilities for custody of state properties, and for the management

(1)   expend state funds in order to acquire, develop, and operate land and facilities. This acquisition may be by lease, dedication, purchase, or other arrangements. However, the state's functions under the authority of this paragraph section are limited to the specific purposes of this article;

(2)   lease, sublease, or sell real and personal properties to public or private bodies;

(3)   assure the maintenance of insurance coverage by state licensees, lessees, or sublessees as will in the opinion of the board protect the citizens of the State against nuclear incident that may occur on state-controlled atomic energy facilities;

(4)   assume responsibility for extended custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the State, in the event the parties operating these facilities abandon their responsibility, or when the license for the facility is ultimately transferred to an agency of the State, and whenever the federal government or any agency of the federal government has not assumed the responsibility.

In order to finance such extended custody and maintenance as the board may undertake, the board may collect fees from private or public parties holding radioactive materials for custodial purposes. These fees must be sufficient in each individual case to defray the estimated cost of the board's custodial management activities for that individual case. The fees collected for such custodial management activities shall also be sufficient to provide additional funds for the purchase of insurance which shall be purchased for the protection of the State and the general public for the period such radioactive material considering its isotope and curie content together with other factors may present a possible danger to the general public in the event of migration or dispersal of such radioactivity. All such fees, when received by the board, must be transmitted to the State Treasurer. The Treasurer must place the money in a special account, in the nature of a revolving trust fund, which may be designated 'extended care maintenance fund', to be disbursed on authorization of the board. Monies in the extended care maintenance funds must be invested by the board in the manner as other state monies. However, any interest accruing as a result of investment must accrue to this extended care maintenance fund. Except as authorized in Section 48-46-40(B)(7)(b) and (D)(2), The the extended care maintenance fund must be used exclusively for custodial, surveillance,

(5)   Enter into an agreement with the federal government or any of its authorized agencies to assume extended maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or as custodial site for radioactive material.

(6)   In accordance with SECTION 48-47-100 (2), impose, collect, and disburse special fees or surcharges on all users of any regional low-level radioactive waste disposal facility to provide for annual funding of the Southeast Low-Level Radioactive Waste Management Compact Commission.

(7)(a)   The State Budget and Control Board shall assess surcharges and penalty surcharges on nonsited waste received at the regional disposal facility. The surcharges are imposed to the maximum extent permitted by SECTION 5(d)(1) of Public Law 99-240 unless a lesser amount is authorized upon recommendation of the Budget and Control Board and upon approval of the General Assembly by Joint Resolution. The Department of Health and Environmental Control shall notify the operator whenever a generator is to be assessed a penalty surcharge or whenever the assessment of a penalty surcharge is to be terminated.

(b)   For the purposes of this item:

(1)   "Sited region" means a Low-Level Radioactive Waste Compact region established under Public Law 96-573 in which there is located one of the following regional disposal facilities: Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.

(2)   "Regional disposal facility" means the nonfederal low-level radioactive waste disposal facility located in Barnwell County, South Carolina.

(3)   "Surcharge" means the per cubic foot charge authorized by SECTION 5(d)(1) of Public Law 99-240.

(4)   "Penalty surcharge" means the additional per cubic foot charge required by SECTION 5(e)(2) of Public Law 99-240.

(5)   "Surcharge funds" means those funds collected by the operator in payment for the surcharges and penalty surcharges assessed as provided herein.

(6)   "Operator" means the person who operates the regional disposal facility.

(7)   The definitions contained in Chapter 47 of Title 48 are applicable to this section.

(8)   "Nonsited waste" means waste generated outside the sited regions, as provided in SECTION 5 of the Low-Level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240.

(c)   On the fifteenth day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the first day of the preceding month. On the last day of each month, the operator shall remit to the Budget and Control Board an amount equal to the per cubic foot surcharge for each cubic foot of nonsited waste received by the operator as of the fifteenth day of the preceding month.

On the fifteenth and last day of each month, the operator shall report to the department of Health and Environmental Control any generator who fails to reimburse the operator, within sixty days of receipt of the waste at the site, for the surcharge funds paid by the operator. Any generator who fails to pay the surcharge funds within such sixty-day period is denied access to the site. Access is reinstated upon satisfaction of the following conditions: (1) certification by the department that all outstanding surcharges and penalty surcharges have been paid; and (2) prepayment of surcharges for all future deliveries to the site.

(d)   The State Treasurer on a monthly basis shall remit to the United States Secretary of Energy twenty-five percent of the surcharge funds collected as required by SECTION 5(d)(2)(A) of Public Law 99-240 as the Treasurer in conjunction with the United States Department of Energy shall determine. No portion of any penalty surcharges may be remitted to the United States Secretary of Energy.

(e)   Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law must be

(f)   Upon enactment of this item, the State Treasurer shall transfer to the Secretary of Energy of the United States twenty-five percent of the ten dollars a cubic foot fee collected by the operator since March 1, 1986, pursuant to the direction of the State Budget and Control Board. The remaining portion of such fees previously collected must be deposited to the general fund of the State.

(g)   The Budget and Control Board and the operator shall furnish the Department of Health and Environmental Control with all necessary information required by the department to monitor and enforce the compliance provisions of Public Law 99-240."

SECTION   4. The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern.

SECTION   5.   Title 48, Chapter 48 of the 1976 Code is repealed effective upon the date of South Carolina's membership in the Atlantic Compact, except that Section 48-48-140(F) is repealed effective July 1, 2000. The contingent annual license tax for fiscal year 1999-2000 under Section 48-48-140(F) shall remain due and payable as described in that section for that fiscal year. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then Section 48-48-140(F) shall be reinstated as of October 1, 2000, except that the tax for fiscal year 2000-2001 shall be $18 million. In the fiscal year that the site operator ceases to accept waste for disposal in preparation for permanent closure, the contingent annual license tax under Section 48-48-140(F) will be paid to the State on a pro rata basis for each quarter that the site is accepting waste for disposal. The tax does not apply when the site is in a closure mode.

SECTION 6.   Chapter 7, Title 13 of the 1976 Code is amended to read:

Section 13-7-810. There is hereby established a Governor's Nuclear Advisory Council which shall be responsible to and report to the Governor.

Section 13-7-820. The duties of the council, in addition to such other duties as may be requested by the Governor, shall be:

(1) to provide advice and recommendations to the Governor on issues involving the use, handling, and management of the transportation, storage, or disposal of nuclear materials within South Carolina, or such use, handling, transportation, storage, or disposal of nuclear materials outside of the State which may affect the public health, welfare, safety, and environment of the citizens of South Carolina;

(2)   to provide advice and recommendations to the Governor regarding matters pertaining to the Atlantic Compact Commission;

(3) to provide advice and recommendations to the Governor regarding the various programs of the United States Department of Energy pertaining to nuclear waste. and other federal agencies related to the Establishment of a National Radioactive Waste Management Plan and the applicability of South Carolina laws, and administrative rules and regulations to such a plan.

(4)   to meet at the call of the chair or at a minimum twice a year.

Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board. and Joint Legislative Committee on Energy.

Section 13-7-840. The council shall consist of nine five (5) members. One at-large member shall be appointed by the Speaker of the House of Representatives and one at-large member shall be appointed by the President of the Senate. Seven members shall be appointed by the Governor as follows: One Two shall be actively involved in the area of environmental protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; two one shall be a scientists or engineers from the faculties of one of the institutions of higher learning in the State; and one shall be from the public at large. The terms of the members of the council appointed by the Governor shall be co-terminus with that of the

Vacancies of the council shall be filled in the manner of the original appointment.

Section 13-7-850. The Governor shall designate the chairman from the membership. When on business of the council, members shall be entitled to receive such compensation as provided by law for boards and commissions.

Section 13-7-860. The Council may employ, on a full or part-time basis, staff as necessary to carry out the activities of the Council. Unclassified staff of the previous S. C. Nuclear Advisory Council transferred to the Joint Legislative Committee on Energy under Section 2-53-40 are hereby transferred to the Governor's Nuclear Advisory Council.Staff support for the council shall be provided by the State Energy Office."

Section   7. In the event that South Carolina does not become a member of the Atlantic Compact by October 1, 2000, then SECTION 1 of this act is repealed.

Section 8.   This act takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4795 (Word version) -- Reps. Kelley and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS CAMPING AND CAMPING ACTIVITIES MAKE TO THE QUALITY OF LIFE IN OUR STATE AND TO DECLARE THE WEEK OF MARCH 20-26, 2000, AS CAMPING WEEK IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

The following Bills were carried over as follows:

H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS, ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.

On motion of Senator MOORE.

S. 1084 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT A REPRESENTATIVE OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.

On motion of Senator MOORE.

S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.

Senator MOORE explained the Bill.

On motion of Senator MOORE.

S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR

On motion of Senator PASSAILAIGUE.

S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator J. VERNE SMITH proposed the following amendment (NBD\11930AC00), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding appropriately numbered items at the end to read:

"( )   housing authorities as provided for in Chapter 3, Title 31;

( )   the Greenville-Spartanburg Airport District."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Senator ELLIOTT proposed the following amendment (1042R001.DE):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   _____.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended by adding a new item at the end:

"(19)   soil and water conservation districts established pursuant to Title 48, Chapter 9."   /

Renumber sections to conform.

Amend title to conform.

On motion of Senator BRANTON, with unanimous consent, the Bill was carried over, as amended.

H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator FORD proposed the following amendment (JUD3465.002):

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.     Section 20-1-100 of the 1976 Code is amended to read:

"Section 20-1-100.     A male or female under the age of sixteen eighteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male or female under the age of sixteen eighteen or a female under the age of fourteen is void ab initio."

SECTION   2.     Section 20-1-250 of the 1976 Code is amended to read:

"Section 20-1-250.     No such A marriage license shall must not be issued when the woman or child woman either applicant is under the age of fourteen eighteen. or when the male is under the age of sixteen,

Amend title to conform.

Senator LAND objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms, Rankin and Branton: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.

Senator RICHARDSON asked unanimous consent to make a motion to set the Bill as a Special Order.

Senator LEVENTIS objected.

The question then was the motion to make the Bill a Special Order.

Senator MOORE spoke on the motion.

Senator DRUMMOND moved that the Senate stand adjourned.

At 1:53 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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