SENATE JOURNAL for June 22, 2000 - South Carolina Legislature Online

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

Thursday, June 22, 2000

(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:30 A.M., 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 the 8th verse of Chapter 1 of The Revelation to John (NRSV):

"I am the Alpha and the Omega, says the Lord God, who is

and who was and who is to come, the Almighty."
Let us pray.

O Lord, our Lord, we began this session beneath the dome by beseeching Your guidance and imploring Your infinite mercy.

We prayed for strength of body, mind and spirit to endure the tedium of the democratic processes by which we are governed.

Today we lay before You the record of our stewardship. The fruits are unknown!

In Your Journal in Paradise are recorded our motives along the way, be they good or bad.

We seek not justice, but we beg for mercy!

For those who will retire, give them Your "Benediction." For those who will fight on through a long hot summer, support them all the way! For those who will return in January, give new visions of redemption to a world that could be facing more troubling times!

And now to you, the beloved Senate and our colleagues, hear the ancient benediction of Aaron, the brother of Moses:

"The Lord bless thee and keep thee.

The Lord make His face to shine upon thee, and be

gracious unto thee.

The Lord lift up His countenance upon thee, and give thee peace..."

now and forever!
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:

5th Congressional District:

J. Ann Lynch, 2156 Blue Herron Lane, Camden, S.C. 29020 VICE Michael Kapp

Referred to the Committee on Judiciary

Initial Appointment, Veterans Trust Fund of South Carolina, with term coterminous with Governor:

Veterans Organization:

Charles R. Simmons, 202 Glassy Mountain Street, Pickens, S.C. 29671 VICE Milford Forrester - deceased

Referred to the General Committee

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1998, and to expire June 30, 2002:

At-Large:

Jacqueline S. Brewer, 832 Duck Hawk Retreat, Charleston, S.C. 29412 VICE James Curtiss Harkness

Referred to the Committee on Judiciary

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

4th Congressional District:

Dayatra C. Baker-White, 113 Rae's Creek Drive, Greenville, S.C. 29609 VICE Harris G. Andrews

Referred to the Committee on Judiciary

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Kathy G. Schwarting, 409 North Street, Bamberg, S.C. 29003 VICE Anita C. Curl, RN

Referred to the Committee on Medical Affairs

Local Appointments

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Robert Abson, Jr., 1514 Kinon Street, Dillon, S.C. 29536

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Gregory Derek Blanton, 1106 Glenns Bay Road, Surfside Beach S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Monte Lewis Harrelson, Highway 9, Green Sea, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Charles Bernard Johnson, J. Reuben Long Detention Center, Conway S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Margie Bellamy Livingston, 1201 21st Ave. N., Myrtle Beach, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Rebecca Smith Lovelace, 503 Lakewood Ave., Conway, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Harry Davis McDowell, 3817 Walnut Street, Loris, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Dennis Earl Phipps, 1201 21st Ave. N., Myrtle Beach, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Gerald Thomas Whitley, 107 Highway 57 N., Stevens Crossroads, S.C.

Doctor of the Day

Senator LEATHERMAN introduced Drs. Ronald Cottle and Michael Lowe of Florence, S.C., Doctors of the Day.

Leave of Absence

On motion of Senator RYBERG, at 11:15 A.M., Senator RICHARDSON was granted a leave of absence for the balance of the day.

Leave of Absence

At 4:30 P.M., Senator PASSAILAIGUE requested a leave of absence for the balance of the day.

Clerk's Statement

On Thursday, May 11, 2000, Senator RYBERG made a motion that "the remarks of Senator PASSAILAIGUE, when reduced to writing and made available to the Desk, would be printed in the Journal." Senator PASSAILAIGUE elected not to have his remarks printed in the Journal.

RETURN REQUESTED FROM THE HOUSE

H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 SO AS TO REQUIRE ARBITRATION FOR CLAIMS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS FILED IN CIRCUIT COURT AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 22-3-40, SO AS TO PROVIDE FOR ARBITRATION OF CIVIL CASES IN MAGISTRATES COURTS; AND TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES SALARIES, SO AS TO CHANGE AN INCORRECT CROSS REFERENCE.

Senator BRYAN requested the return of the Bill.

The Bill was returned to the Senate, as requested.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following was introduced:

H. 5183 (Word version) -- Reps. Townsend, Allen, Cooper, Maddox, Martin and Stille: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE COMMUNITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.

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

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED; AND TO ADD SECTION 37-17-10 SO AS TO MAKE IT UNLAWFUL TO SELL, MARKET, PROMOTE, ADVERTISE, OR DISTRIBUTE A CARD OR OTHER DEVICE WHICH IS NOT INSURANCE BUT WHICH OFFERS DISCOUNTS ON PRESCRIPTION DRUG PURCHASES UNLESS CERTAIN CONDITIONS ARE MET, INCLUDING REGISTRATION WITH THE DEPARTMENT OF INSURANCE AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
H. 4934 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS; TO AMEND SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT COMMERCIAL TUGBOATS AND PILOT BOATS MUST BE TAXED ON AN ASSESSMENT OF FIVE PERCENT OF FAIR MARKET VALUE, TO DEFINE THOSE TERMS, AND TO CHANGE THE DEFINITION OF "COMMERCIAL FISHING BOAT", ALL EFFECTIVE JANUARY 1, 1999; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE JOB TAX CREDIT ON STATE INCOME TAX, SO AS TO REDEFINE "PROCESSING FACILITY"; TO AMEND CHAPTER 10, TITLE 12, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, BY ADDING SECTION 12-10-82 SO AS TO ALLOW AN IRREVOCABLE ASSIGNMENT OF FUTURE PAYMENTS, ATTRIBUTABLE TO THE JOB DEVELOPMENT CREDIT, TO A DESIGNATED TRUSTEE; TO AMEND SECTIONS 12-10-20, AS AMENDED, 12-10-30, AS AMENDED, 12-10-50, 12-10-60, 12-10-80, AS AMENDED, 12-10-81, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DELETE THE REFERENCE TO "MANUFACTURING", TO DEFINE "GROSS WAGES", "JOB DEVELOPMENT CREDIT", "PRELIMINARY REVITALIZATION AGREEMENT", "REVITALIZATION AGREEMENT", AND "QUALIFYING EXPENDITURES", TO PROVIDE FOR DETERMINATION OF CREDITS WHEN A REVITALIZATION AGREEMENT IS AMENDED, TO REQUIRE CERTIFICATION BY THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT THAT THE MINIMUM EMPLOYMENT AND CAPITAL INVESTMENT LEVELS ARE MET, TO REQUIRE TEN NEW FULL-TIME JOBS WITHIN FIVE YEARS OF THE AGREEMENT, TO PROVIDE FOR A CLAIM OF LESS THAN TEN THOUSAND DOLLARS IN A CALENDAR YEAR, TO PROVIDE FOR THE DESIGNATION OF THE COUNTY IN WHICH THE PROJECT IS LOCATED, TO TOLL THE STATUTE OF LIMITATIONS AS TO WITHHOLDING TAXES DURING THE FIVE-YEAR PERIOD, TO PROVIDE THAT THE QUALIFYING JOB MUST BE CREATED IN THIS STATE, TO PROVIDE FOR AN EXTENSION OF THE AUDIT REPORT FILING FOR GOOD CAUSE, TO INCREASE THE GROSS WAGES AMOUNT USED TO DETERMINE THE MAXIMUM CREDIT CLAIMED, TO CHANGE THE DATE FOR SELECTION OF QUALIFYING BUSINESSES AND APPROVAL OF REVITALIZATION AGREEMENTS FROM MARCH 1 TO MAY 15 OF EACH YEAR, AND TO PROVIDE THAT CREDITS MAY BE EARNED FOR COSTS OF FINANCING CERTAIN UNDERTAKINGS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE CERTAIN MACHINES NECESSARY TO COMPLY WITH FEDERAL REGULATIONS FOR PREVENTION OR ABATEMENT OF POLLUTION AND TO PROVIDE THAT A TAXPAYER GIVE NOTICE TO THE DEPARTMENT OF REVENUE THAT IT QUALIFIES FOR THE EXEMPTION BY INVESTING AT LEAST THIRTY-FIVE MILLION DOLLARS AND TO PROVIDE FOR THE TOLLING OF THE TIME LIMIT FOR ASSESSMENT OF TAXES; TO AMEND SECTION 12-36-2680, RELATING TO ISSUANCE OF AN EXEMPTION CERTIFICATE, SO AS TO ELIMINATE A CERTIFICATE ISSUED PURSUANT TO THE EXEMPTION OF CERTAIN FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS; TO AMEND SECTION 12-2-75, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 12-60-20, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-60-50, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO CLEARLY INCLUDE PENALTIES AND CIVIL FINES AS "TAXES" IMPOSED BY TITLE 12; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL; TO AMEND SECTION 12-28-1910, RELATING TO ENFORCEMENT OF TAXES ON MOTOR FUELS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE OR ITS DESIGNEE TO CONDUCT INSPECTIONS AND REMOVE SAMPLES OF FUEL FROM ANY VEHICLE, TANK, OR OTHER CONTAINER, INSTEAD OF LIMITING THE INSPECTION AND REMOVAL OF SAMPLES TO A PLACE WHERE THE TAXABLE FUEL IS PRODUCED, STORED, OR LOADED FOR TRANSPORT; TO REPEAL CHAPTERS 27 AND 29 OF TITLE 12 RELATING TO TAX ON GASOLINE AND ON OTHER MOTOR FUELS; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO TAX ON MOTOR FUELS, SO AS TO REENACT FORMER SECTION 12-27-405 AS SECTION 12-28-2940; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE THE DWELLING HOUSE OF A PERMANENTLY AND TOTALLY DISABLED VETERAN IF THE VETERAN OR HIS QUALIFYING SURVIVING SPOUSE FILES A CERTIFICATE OF DISABILITY WITH THE DEPARTMENT OF REVENUE; TO DEFINE "DWELLING HOUSE" FOR PURPOSES OF THAT EXEMPTION AS THE DOMICILE OF THE QUALIFYING PERSON AND TO INCLUDE THE DWELLING HOUSE HELD IN TRUST FOR A BENEFICIARY WHO WOULD QUALIFY OTHERWISE FOR THE EXEMPTION AND WHO USES THE DWELLING HOUSE AS HIS DOMICILE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR TAXATION, BY ALLOWING A MANUFACTURER WHO USES A CLASS 100 OR BETTER CLEAN ROOM AN ANNUAL DEPRECIATION ALLOWANCE OF TEN PERCENT INSTEAD OF ALLOWANCES TO WHICH IT OTHERWISE WOULD BE ENTITLED; TO REPEAL SECTIONS 12-43-280 AND 12-43-290 RELATING TO THE LIMITATION ON THE INCREASE IN AD VALOREM TAX AS A RESULT OF EQUALIZATION AND REASSESSMENT; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 12-44-130, BOTH RELATING TO THE MINIMUM INVESTMENT REQUIRED FOR QUALIFICATION FOR PAYMENT OF A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DELETE SPECIFIC REFERENCES TO THE MINIMUM AMOUNT OF FIVE MILLION DOLLARS; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES AND USE TAX, BY ADDING SECTION 4-10-67 SO AS TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF LOCAL OPTION USE TAX FUNDS COLLECTED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2810, RELATING TO DEFINITION OF "MOTOR CARRIER" SO AS TO INCLUDE CERTAIN FARM VEHICLES; TO AMEND SECTION 12-37-2840, RELATING TO PROPERTY TAX RETURNS OF MOTOR CARRIERS, SO AS TO PROVIDE FOR PAYMENT OR APPEAL OF A PROPOSED ASSESSMENT ISSUED FOR FAILURE TO TIMELY FILE A RETURN OR PAY A TAX DUE; TO AMEND CHAPTER 37 OF TITLE 12, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-2842 SO AS TO PROVIDE FOR REGISTRATION AND FILING BY MOTOR CARRIERS AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO INFORM A MOTOR CARRIER OF REGISTRATION AND FILING REQUIREMENTS OF THE DEPARTMENT OF REVENUE AND TO SUPPLY FORMS; TO REPEAL SECTION 12-37-2845 RELATING TO PENALTIES FOR FAILURE OF A MOTOR CARRIER TO FILE A RETURN AND PAY TAX DUE; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT; TO AMEND SECTION 56-3-240, RELATING TO THE CONTENT OF AN APPLICATION FOR A MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO OBTAIN A FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER WHEN A VEHICLE IS REGISTERED AS A BUS COMMON CARRIER OR WITH A GROSS WEIGHT EXCEEDING TWENTY-SIX THOUSAND POUNDS; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD, AND TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY; TO AMEND SECTION 12-51-50, RELATING TO PROCEDURES FOR THE SALE OF PROPERTY OF A DEFAULTING TAXPAYER, SO AS TO PROVIDE FOR SALE OF PROPERTY OF THE DEFAULTING TAXPAYER AND OF A GRANTEE OF THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-55, RELATING TO A BID SUBMITTED BY THE FORFEITED LAND COMMISSION, SO AS TO PROVIDE THAT A SALE TO THE COMMISSION IS VOIDABLE BY THE COMMISSION UPON LATER DISCOVERY THAT THE PROPERTY IS CONTAMINATED; TO AMEND SECTION 12-51-60, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND THE OWNER OF RECORD OF THE ISSUANCE OF THE TAX DEED; TO AMEND SECTION 12-51-120, RELATING TO NOTICE OF THE RUNNING OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND A PUBLICLY RECORDED GRANTEE, MORTGAGEE, OR LESSEE; TO AMEND SECTION 12-51-130, RELATING TO EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT THE TAX TITLE INCLUDE THE NAME OF A GRANTEE OF RECORD OF THE PROPERTY AND THAT AN OVERPAYMENT BE PAID WITHIN NINETY DAYS TO THE OWNER OF RECORD; TO REPEAL ARTICLE 3, CHAPTER 49, TITLE 12, RELATING TO RIGHTS OF REAL ESTATE MORTGAGEES; TO AMEND SECTION 12-6-3510, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS; TO AMEND SECTION 12-6-1120, SO AS TO DELETE THE DISALLOWANCE OF THE EXCLUSION OF REAL PROPERTY EXCHANGES IF THE REAL PROPERTY IS LOCATED OUTSIDE THIS STATE; AND TO REPEAL SECTION 12-6-1180 RELATING TO CALCULATION OF THE BASIS FOR THE LIKE-KIND EXCHANGE OF REAL PROPERTY LOCATED OUTSIDE THIS STATE; AND TO SPECIFY VARIOUS EFFECTIVE DATES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 575 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 21, 2000
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 705 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 544 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that Rep. Harrison has been appointed to the Conference Committee in lieu of Rep. J. Smith on the following Bill:

H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Very respectfully,
Speaker of the House

Received as information

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4426 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers, asks for a Committee of Free Conference and has appointed Reps. Littlejohn, Hayes and Short to the Committee of Free Conference on the part of the House on:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AND AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
Very respectfully,
Speaker of the House

Received as information

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:

S. 1111 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 21, 2000

Mr. President and Senators:

S. 1111 (Word version)
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1440 (Word version) -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE COMMUNITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.

Returned with concurrence.

Received as information.

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

CARRIED OVER

H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

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

On motion of Senator PEELER, the Joint Resolution was carried over.

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

MOTION ADOPTED

On motion of Senator PASSAILAIGUE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 10 (jud003.016) proposed by Senator RANKIN and previously printed in the Journal of Tuesday, May 30, 2000.

On motion of Senator McCONNELL, the Bill was carried over.

S. 1291--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HAYES spoke on the Report.

On motion of Senator HAYES, the Report of the Committee of Conference to S. 1291 was adopted as follows:

S. 1291--Conference Report
The General Assembly, Columbia, S.C., June 21, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/20/00.)

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

/ SECTION 1. Section 62-5-433 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:

"Section 62-5-433. (A)(1) For purposes of this section and for any claim exceeding ~~ten~~ twenty-five thousand dollars in favor of or against any minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides or the circuit court in the county in which the suit is pending. For purposes of this section and for any claim not exceeding ~~ten~~ twenty-five thousand dollars in favor of or against any minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides or the circuit court or probate court in the county in which the suit is pending.

(2) 'Claim' means the net or actual amount accruing to or paid by the minor or incapacitated person as a result of the settlement.

(3) 'Petitioner' means either a conservator appointed by the probate court for the minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.

(B) The settlement of any claim over ~~ten~~ twenty-five thousand dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:

(1) The petitioner ~~shall~~ must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney's fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved. For all claims that exceed ~~ten~~ twenty-five thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person.

(2) If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(3) The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(C) The settlement of any claim that does not exceed ~~ten~~ twenty-five thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:

(1) If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may petition the court for approval, as provided in items (1), (2), and (3) of subsection (B) ~~above~~. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(2) If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B) ~~above~~, and without the appointment of a conservator. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. If a party subject to the court order fails or refuses to pay the money or deliver the personal property, as required by the order and in accordance with Section 62-5-103, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(D) The settlement of any claim that does not exceed two thousand five hundred dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103."

SECTION 2. The 1976 Code is amended by adding:

"Section 27-7-40. (a) In addition to any other methods for the creation of a joint tenancy in real estate which may exist by law, whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created. This joint tenancy includes, and is limited to, the following incidents of ownership:

(i) In the event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants.

(ii) In the event of the death of a joint tenant survived by more than one joint tenant in the real estate, the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship.

(iii) The fee interest in real estate held in joint tenancy may not be encumbered by a joint tenant acting alone without the joinder of the other joint tenant or tenants in the encumbrance.

(iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be effectively encumbered or conveyed to a third party or parties.

(v) If real estate is owned by only two joint tenants, a conveyance by one joint tenant to the other joint tenant terminates the joint tenancy and conveys the fee in the real estate to the other joint tenant.

(vi) If real estate is owned by more than two joint tenants, a conveyance by one joint tenant to all the other joint tenants therein conveys his interest therein equally to the other joint tenants who continue to own the real estate as joint tenants with right of survivorship.

(vii) Any joint tenancy in real estate held by a husband and wife with no other joint tenants is severed upon the filing of an order or decree dissolving their marriage and vests the interest in both the parties as tenants in common, unless an order or decree of a court of competent jurisdiction otherwise provides.

(viii) The interest of any joint tenant in a joint tenancy in real estate sold or conveyed by a court of competent jurisdiction where otherwise permitted by law severs the joint tenancy, unless the order or decree of such court otherwise provides and vests title in the parties as tenants in common.

(ix) If real estate is owned by two or more joint tenants, a conveyance by all the joint tenants to themselves as tenants in common severs the joint tenancy and conveys the fee in the real estate to these individuals as tenants in common.

(b) The surviving joint tenant or tenants may, following the death of a joint tenant, file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate.

(c) Except as expressly provided herein, any joint tenancy severed pursuant to the terms of this section is and becomes a tenancy in common without rights of survivorship. Nothing contained in this section shall be construed to create the estate of tenancy by the entireties. Nothing contained in this section amends any statute relating to joint tenancy with rights of survivorship in personal property but affects only real estate. The provisions of this section must be liberally construed to carry out the intentions of the parties. This section supersedes any conflicting provisions of Section 62-2-804."

SECTION 3. Section 62-2-804 of the 1976 Code, as last amended by Act 405 of 1996, is further amended to read:

"Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, ~~such~~ the joint tenancy is deemed to have been severed by the death of the joint tenant and ~~such~~ the estate is distributable as a tenancy in common unless the instrument which ~~created~~ creates the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance ~~shall~~ does not occur. While other methods for the creation of a joint tenancy may be utilized, an express provision for a right of survivorship is conclusively deemed to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words 'as joint tenants with right of survivorship and not as tenants in common'."

SECTION 4. Section 62-3-711 of the 1976 Code is amended to read:

"Section 62-3-711. (a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court.

(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court.

(c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative, acting in trust for the benefit of the creditors and others interested in the estate, may execute a deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62-3-910(b)."

SECTION 5. The first paragraph of Section 62-3-906(a) of the 1976 Code is amended to read:

"Unless a contrary intention is indicated by the will, such as the grant to the personal representative of a power of sale, the distributable assets of a decedent's estate must be distributed in kind to the extent possible through application of the following provisions:"

SECTION 6. Section 62-3-907 of the 1976 Code is amended to read:

"Section 62-3-907. (A) If distribution in kind (whether real or personal property) is made, the personal representative ~~shall~~ must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.

(B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).

(E) Prior to recording the deed of distribution:

(1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or

(2) the deed or distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC."

SECTION 7. Section 62-3-908 of the 1976 Code is amended to read:

"Section 62-3-908. Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy."

SECTION 8. Section 62-3-910 of the 1976 Code is amended to read:

"Section 62-3-910. (A) If property distributed in kind (whether real or personal property) or a mortgage or other security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested persons, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that ~~such~~ the transfer was made for value.

(B) If a will devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), a purchaser for value who receives a deed from the personal representative takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate. The purchaser is protected whether or not the sale was proper and regardless of whether the heirs or devisees to whom title devolved pursuant to Section 62-3-101 executed or consented to the deed, because the personal representative exercises the power of sale in trust, for the benefit of creditors, and others interested in the estate, who have recourse against the personal representative under Section 62-3-712 if the sale constitutes a breach of the personal representative's fiduciary duty. This section protects a purchaser of real property from a personal representative who has title to the real property or who has sold real property to the purchaser pursuant to an authorization in the will. To be protected under this provision, a purchaser need not inquire whether a personal representative acted properly in making the sale, even if the personal representative and the purchaser are the same person, or whether the authority of the personal representative had terminated before the sale. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that the sale was made for value."

SECTION 9. Section 62-4-207 of the 1976 Code is amended to read:

"Section 62-4-207. In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State."

SECTION 10. Section 62-5-408(3) of the 1976 Code is amended to read:

"(3)(a) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and of his estate and fulfillment of his legal obligations of support of dependents, all the powers over his estate and affairs which he could exercise if present and not under disability, except the power to make a will. These powers include, but are not limited to, the power to:

(i) make gifts as the court, in its discretion, believes would be made by the person if he were competent;

(ii) convey or release the person's contingent and expectant interests in property including material property rights and any right of survivorship incident to joint tenancy;

(iii) exercise or release the person's powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment;

(iv) enter into contracts;

(v) create or amend revocable trusts or create irrevocable trusts of property of the estate which may extend beyond the person's disability or life;

(vi) fund trusts;

(vii) exercise options of the disabled person to purchase securities or other property;

(viii) exercise the person's right to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value;

(ix) exercise the person's right to an elective share in the estate of the person's deceased spouse;

(x) renounce any interest by testate or intestate succession or by inter vivos transfer; and

(xi) ratify any such actions taken on the person's behalf.

(b) In order to exercise, or direct the exercise of the court's authority in any powers set forth in item (a), the court must entertain a petition in which the specific relief sought is set forth, the incapacitated person, his known heirs, devisees, donees, and beneficiaries are made parties to the action, and which contains a statement that the person either is incapable of consenting or has consented to the proposed exercise of power.

(c) In exercising the powers set forth in item (b), the court also must inquire into and consider any known lifetime gifts or the estate plan of the person, the terms of any revocable trust of which he is grantor, and any contract, transfer, or joint ownership arrangements with provisions for payment or transfer of benefits or interests at his death to another which he may have originated. In exercising the court's authority set forth in item (b), the court must set forth in the record specific findings upon which it has based its ruling."

SECTION 11. Section 62-3-1202A of the 1976 Code is repealed.

SECTION 12. This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. Robert W. Hayes           /s/Rep. George E. Campsen, III
/s/Sen. Larry A. Martin           /s/Rep. Michael E. Easterday
/s/Sen. C. Bradley Hutto          /s/Rep. F. G. Delleney, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 1291 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 1291 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Campsen in lieu of Rep. F. Smith to the Committee of Conference on the part of the House on:
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Very respectfully,
Speaker of the House

Received as information.

MOTION FAILED

The Report of the Committee of Conference was taken up for immediate consideration.

Point of Order

Senator HUTTO raised a Point of Order under Rule 37 that the Report of the Committee of Conference had not been on the table one statewide legislative day.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator J. VERNE SMITH moved to suspend the provisions of Rule 37.

Senator HUTTO explained the Report of the Committee of Conference.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 15

AYES

Alexander                 Bauer                     Bryan
Drummond                  Fair                      Giese
Glover                    Gregory                   Grooms
Hayes                     Leatherman                Leventis
Martin                    McConnell                 McGill
Mescher                   O'Dell                    Passailaigue
Peeler                    Ravenel                   Richardson *
Ryberg                    Saleeby                   Smith, J. Verne
Waldrep

Total--25

NAYS

Anderson                  Branton                   Courson
Elliott                   Ford                      Hutto
Jackson                   Land                      Matthews
Rankin                    Reese *                   Short
Thomas                    Washington                Wilson

Total--15

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion to suspend the provisions of Rule 37 failed.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

RECESS

At 11:20 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:05 P.M., and was called to order by the PRESIDENT.

RECESS

At 2:06 P.M., on motion of Senator SETZLER, the Senate receded from business until 2:30 P.M.

At 2:36 P.M., the Senate resumed.

CONCURRENCE

H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS, AND TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

On motion of Senator REESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on the following Bill and has ordered the Bill enrolled for Ratification:
H. 4277 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

NONCONCURRENCE

H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.

The House returned the Bill with amendments.

On motion of Senator J.VERNE SMITH, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4892 (Word version)
asks for a Committee of Conference, and has appointed Reps. Easterday, Cato and Tripp to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 4892--CONFERENCE COMMITTEE APPOINTED

H. 4892 (Word version)

Whereupon, the PRESIDENT Pro Tempore appointed Senators J. VERNE SMITH, BRYAN and THOMAS to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3465--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN spoke on the Report.

On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3465 was adopted as follows:

H. 3465--Conference Report
The General Assembly, Columbia, S.C., June 21, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00--S.)

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, as added by Act 95 of 1997, is amended to read:

"Section 20-1-100. ~~A male under the age of sixteen or a female under the age of fourteen~~ Any person under the age of sixteen 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 under the age of sixteen or a female under the age of fourteen~~ person under the age of sixteen 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 either applicant is under the age of ~~fourteen~~ sixteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, or mother, or other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by ~~such~~ the father, mother, other relative, or guardian giving ~~his or her~~ consent to the marriage."

SECTION 3. Section 20-7-7810(F) of the 1976 Code is amended to read:

"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of ~~a correctional institution operated by~~ the Department of Juvenile Justice or to a secure evaluation ~~centers~~ center operated by the department for a determinate period not to exceed ninety days~~; however, a~~ when:

(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;

(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or

(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.

Orders issued pursuant to this subsection must acknowledge:

(a) that the child has been advised of all due process rights afforded to a child offender; and

(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.

A child committed under this section may not be confined with a child who has been determined by the department to be violent."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Sen. Larry A. Martin           /s/Rep. George E. "Chip" Campsen, III
/s/Sen. Linda H. Short            /s/Rep. Michael E. "Mike" Easterday
/s/Sen. C. Bradley "Brad" Hutto   /s/Rep. C. Anthony Harris, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3465 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3465--ENROLLED FOR RATIFICATION

H. 3465 (Word version)

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

THIRD READING RECONSIDERED
AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

Senator BRYAN asked unanimous consent to make a motion to take up an amendment for immediate consideration.

There was no objection.

Senator BRYAN proposed the following amendment (JUD4460.006), which was adopted:

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

/ SECTION 1. Section 16-13-420 of the 1976 Code is amended to read:

"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, or tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:

(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired;

(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.

The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION 2. Section 22-8-40(B)(1)(b) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:

"(b) upon completing the requirements of Sections 22-1-10(C) and ~~22-1-12~~ 22-1-16, a magistrate shall be paid eighty percent of the base salary for his county's population category as provided in item (2);"

SECTION 3. Section 27-39-230 of the 1976 Code is amended to read:

"Section 27-39-230. The following property ~~shall be~~ is exempt from distress for rent~~, to wit~~:

(1) personal clothing and food within the dwelling,;

(2) bedsteads~~, and~~ ;

(3) bedding and cooking utensils.; and

(4) property which is owned by a third party for which the magistrate finds ownership was not transferred from the tenant to the third party for the purpose of avoiding distraint."

SECTION 4. Section 27-39-250 of the 1976 Code is amended to read:

"Section 27-39-250. If any property so distrained is not the property of the tenant, the tenant shall immediately name the owner thereof and inform the officer of the ownership, and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as herein provided, except property mentioned in Section 27-39-230. If at any time prior to sale as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210, and an opportunity to be heard, as provided in Section 27-39-220,. Before the distrained property of the third party is subject to sale pursuant to Section 27-39-320., the magistrate shall find, in a hearing, that the ownership of the property was transferred from the tenant to the third party for the purpose of avoiding distraint. If the magistrate does not make this finding, the property of the third party is exempt from distraint as provided in Section 27-39-230."

SECTION 5. Section 27-37-10 of the 1976 Code is amended to read:

"Section 27-37-10. (A) The tenant may be ejected upon application of the landlord or his agent when ~~(a)~~(1) ~~such~~ the tenant fails or refuses to pay the rent when due or when demanded, ~~(b)~~(2) the term of tenancy or occupancy has ended, or ~~(c)~~(3) the terms or conditions of the lease have been violated.

(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B)."

SECTION 6. Section 27-37-30, as last amended by Act 61 of 1999, is further amended to read:

"Section 27-37-30. (A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.

(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for non-residential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.

(C) When service as provided in subsection (A) has been attempted unsuccessfully ~~three~~ two times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the ~~three~~ two service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2):

(1) Each of the ~~three~~ two attempts to serve the defendant must be separated by a minimum of ~~seventy-two~~ forty-eight hours and must occur at times of day separated by a minimum of ~~four~~ eight hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. On the first unsuccessful attempt to serve the rule, a copy of the rule must be affixed to the most conspicuous part of the premises. On the second unsuccessful attempt to serve the rule, ~~The~~ the documentation of the ~~three~~ two attempts to serve the rule must be attached to the copy of the rule when it is affixed to the most conspicuous part of the premises.

(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior attempts at service in an envelope in the presence of the clerk of the ~~magistrate's~~ magistrates court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the ~~residence~~ rental premises of the defendant or another address for receipt of mail furnished in writing by the tenant to the landlord, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail ~~shall~~ is not be considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) ~~shall~~ must be collected by the magistrate or his clerk for the verification and mailing in this item.

(3) Mailing of the rule ~~shall constitute~~ constitutes service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 ~~shall begin~~ begins to run on the eleventh day after mailing. However, if the tenant contacts the magistrates court prior to the eleventh day, the specified time period for the tenant to show cause as provided in Section 27-37-20 shall begin to run at the time of contact."

SECTION 7. This act takes effect upon approval by the Governor; however, the completion of the requirement contained in Section 22-1-16 of the 1976 Code for purposes of Section 22-8-40(B)(1)(b) of the 1976 Code, as amended in Section 2 of this act, applies to magistrates whose initial appointment begins on or after July 1, 2001. /

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 SO AS TO REQUIRE ARBITRATION FOR CLAIMS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS FILED IN CIRCUIT COURT AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 22-3-40, SO AS TO PROVIDE FOR ARBITRATION OF CIVIL CASES IN MAGISTRATES COURTS; AND TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES SALARIES, SO AS TO CHANGE AN INCORRECT CROSS REFERENCE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

H. 3120--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator McCONNELL spoke on the Report.

H. 3120--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, FORD and REESE to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator McCONNELL, the Report of the Committee of Free Conference to H. 3120 was adopted as follows:

H. 3120--Free Conference Report
The General Assembly, Columbia, S.C., May 21, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/4/00.)

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

/ SECTION 1. Section 20-7-8325 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8325. (A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the parole board, showing in what manner the delinquent child has violated the conditional release. A child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's case by the parole board. The parole board is the final authority to determine whether or not the child failed to abide by the aftercare rules and conditions of release.

(B) An aftercare counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole into custody upon the issuance of a warrant for violating the conditions of his release."

SECTION 2. Section 20-7-8335 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8335. (A) To be eligible for appointment as a probation counselor, an applicant must possess:

(1) a college degree involving special training in the field of social science or its equivalent;

(2) a personality and character as would render the applicant suitable for the functions of the office.

(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.

(C)(1) The ~~Duties~~ duties of ~~the~~ probation counselors include:

(a) conducting an investigation of the child and the child's home as may be required by the court;

(b) ~~to be~~ being present in court at the hearing of cases; ~~and~~

(d) ~~to take~~ taking charge of a child before and after hearings as may be directed by the court.

(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.

(D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.

(E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board."

SECTION 3. Section 23-3-120 of the 1976 Code, as added by Act 7 of 1995, is amended to read:

"Section 23-3-120. (A) All law enforcement agencies and court officials ~~shall~~ must report all criminal data and related information within their respective jurisdictions to the ~~system~~ State Law Enforcement Division's Central Record Repository ~~all criminal data within their respective jurisdictions and such information related thereto~~ at such times and in such form as the State Law Enforcement Division ~~may require~~ requires. This information must include criminal data and related information on regarding juveniles charged with offenses ~~within their respective jurisdictions~~ pursuant to Section 20-7-8510.

(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information.

(C) The Department of Corrections and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."

SECTION 4. Section 23-3-620 of the 1976 Code, as added by Act 497 of 1995, is amended to read:

"(A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person convicted or adjudicated delinquent on or after ~~June 30, 1995~~ July 1, 2000, for:

(a) ~~criminal sexual conduct in the first degree as defined in Section 16-3-652;~~ a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) ~~criminal sexual conduct in the second degree as defined in Section 16-3-653;~~ involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and

~~(c)~~ ~~criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;~~

~~(d)~~ ~~assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;~~

(2) a any criminal offender convicted or adjudicated delinquent on or after July 1, 2000, who is ordered by the court to provide a sample.

(B) A ~~person~~ convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement ~~shall~~ must provide a sample as a condition of ~~their~~ his sentence. This sample to shall be taken at a prison, or jail, or other location as specified by the sentencing court.

~~(B)~~(C) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person who is was convicted or adjudicated delinquent before July 1, ~~1995~~ 2000, and who was sentenced to and is serving a term of confinement on or after July 1, ~~1995~~ 2000, for:

~~(c)~~ ~~criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;~~

~~(d)~~ ~~assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;~~

(2) ~~a violent~~ any criminal offender ordered by the court ~~to provide a sample~~ who was convicted or adjudicated delinquent before July 1, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000.

(D) An agency having custody of an offender who is required to provide a DNA sample under subsections (C)(1) or (C)(2) ~~shall~~ must notify SLED at least ~~seventy-two hours~~ three days, excluding weekends and holidays, before the individual is paroled or released from confinement.

~~(C)~~(E) At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1) A person ~~sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole~~ convicted or adjudicated delinquent before July 1, 2000, who is serving a probated sentence or is paroled on or after July 1, 2000, for:

(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and

(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who is serving a probated sentence or is paroled on or after July 1, 2000.

~~(D)~~(F) A person ~~providing~~ who provides a sample pursuant to this article also ~~shall~~ must provide such other information as may be required by SLED.

~~(E)~~(G) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

~~(F)~~(H) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."

SECTION 5. Section 23-3-700 of the 1976 Code, as added by Act 497 of 1995, is amended to read:

"Section 23-3-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement Division shall begin collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000."

SECTION 6. Section 23-6-420(A) and (B) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:

"(A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of ~~fourteen~~ fifteen members:

(1) the Attorney General of South Carolina;

(2) the Chief of the South Carolina Law Enforcement Division;

(3) the Director of the Department of Public Safety;

(4) the Director of the Department of Natural Resources;

(5) the Director of the Department of Corrections;

(6) the Director of the Department of Probation, Parole and Pardon Services;

~~(6)~~(7) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;

~~(7)~~(8) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;

~~(8)~~(9) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;

~~(9)~~(10) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;

~~(10)~~(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;

~~(11)~~(12) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;

~~(12)~~(13) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;

~~(13)~~(14) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; and

~~(14)~~(15) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.

(B)(1) The members provided for in (1) through ~~(7)~~ (8) above are ex officio members with full voting rights.

(2) The members provided for in ~~(8)~~ (9) through ~~(14)~~ (15) above ~~shall~~ serve terms as ~~herein~~ provided in subsection (A). ~~In the event~~ ~~that~~ If a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation."

SECTION 7. Section 24-21-280 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.

(B) A probation agent ~~must have~~ has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board."

SECTION 8. Sections 3, 4, and 5 of this act take effect July 1, 2000. Sections 1, 2, 6, and 7 take effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. Glenn F. McConnell        /s/Rep. John Graham Altman
/s/Sen. Glenn G. Reese            /s/Rep. James Gladney McGee, III
Sen. Robert Ford                  /s/Rep. Fletcher Nathaniel Smith, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3120 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3120--ENROLLED FOR RATIFICATION

H. 3120 (Word version)

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

AMENDED, READ IN FULL
PASSED BY 'AYES' AND 'NAYS'
READ THE THIRD TIME
RETURNED TO THE HOUSE

Senator MOORE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

Senator MOORE proposed the following amendment (4856R002.TLM), which was adopted:

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

/ SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:

"In addition to the exemptions provided and authorized in this section, subject to statutory authorization, the governing body of a county by ordinance may impose a sales and use tax in order to exempt all or a portion of the value of private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption, or its subsequent rescission, is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions, be amended so as to allow the governing body of a county by ordinance to impose a sales and use tax in order to exempt all or a portion of the value of private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county and to allow this exemption or its subsequent rescission, only pursuant to a referendum held in the county in the manner that the General Assembly provides by law?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

On motion of Senator PASSAILAIGUE, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows and ordered to receive a third reading:

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

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

SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:

Yes []

No []

--XX--

The question then was the third reading of the Joint Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson

Total--45

NAYS

Total--0

The Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Point of Personal Privilege

Senator WASHINGTON rose to a Point of Personal Privilege.

Remarks by Senator WASHINGTON

Mr. PRESIDENT, friends, ladies and gentlemen. I rise today on a point of personal privilege. It is a moment filled with mixed emotions, as I begin to somehow accept the realization that I will be leaving this august body and this may be the last time I will speak from this podium. For me it is a time to look ahead and at the same time reminisce over the exciting past and the experience that I have had in this General Assembly.

I came to this State House as a member of the House of Representatives in the famous historical class of 1974. It was a time of great change for South Carolina. In 1974 the Justice Department mandated single districts for South Carolina and as a result of that change thirteen African-Americans were elected to the South Carolina House of Representatives. Certainly, it was a new day in South Carolina. We were all excited about what we were going to do to effect changes in state government.

Three or four of the thirteen who were elected a few years ahead of us were I.S. Leevy Johnson, Ernest Finney, Benjamin Gordon and Bob Woods. Nevertheless, we were excited. We were now a part of the legislative process of South Carolina and we were anxious to make a difference and to bring about even more changes in South Carolina. There were others who also came with new progressive ideas, new philosophies and commitment to working together for a better South Carolina. Surely it was a historical beginning.

As we experience continuous changes in this State, certainly we can look back to many of the individuals, who were elected in that group in 1974, as some of the individuals, who were change agents for South Carolina. Some of them are now serving in this General Assembly in this Senate.

Some have gone on to other professions, other jobs and other important positions where they are still making positive contributions to this State, such individuals, like the first woman, Chief Justice of the Supreme Court. I can vividly remember Justice Toal many years ago taking the floor of the House of Representatives and taking the leadership role in attempting to remove the Confederate Flag from the top of the State House dome and out of the Chamber. We lost that vote, Senator PATTERSON by one vote. There are others who have gone on to be judges and commissioners and many other worthwhile endeavors. We came here with dreams of making South Carolina a better place in which to live.

I grew up in Sumter County and was born in the little community we call the "Stackhouse Place", a couple miles from the city limits of Sumter. I was raised in a home where we were taught to be Christians, to love, to work, to earn and to achieve. My father was a sharecropper with less than an elementary school education. My mother graduated from high school and the Coulter Academy in Cheraw, South Carolina. She worked the farm and taught school. We were taught the importance of respect for ourselves and to respect the views of others. We were also taught to sacrifice and to help others by not putting them down but by picking them up. We were taught to bring people together, rather than to divide them.

In 1974, after many years of struggling in sea islands of Charleston County - fighting for civil rights, equal rights, housing for the poor, promoting and helping to improve the education system for our children, the people of District 116 sought to honor me by electing me to serve as their representative in the South Carolina House of Representatives. I lost the first race a year earlier in a countywide race.

I came to the house and found many new friends and mentors that I have cherished for the past twenty five plus years. I will continue to cherish their influence and friendship for the rest of my life.

Ladies and gentlemen, my desire to offer myself for public service began many years ago. And you can rest assure that I will continue to serve the people of this State with dignity. I was fortunate enough to be able to work with some outstanding members in the South Carolina House and then now in the South Carolina Senate. I have seen many historical changes in South Carolina in my lifetime and not all of them have been easy. I have seen us work and struggle together toward a better and equitable South Carolina.

We worked toward improvement of education and health care and prison reform for all our people in this State. And I know that there is a lot of work yet to be done. We have a long way to go. No place embodies the grace in which we have endured each other's differences better than this great institution.

It has been our history to be tolerant of our different views and to appreciate the worth of every person's position and opinion no matter what those might be. We have sought to seek redemption rather than destruction.

Ladies and gentlemen, as I leave this great institution I have some great concern about these time honored principals that have served us so well for such a long time. There seems to be an atmosphere of intolerance and this philosophy that it is more important to win at any cost and it doesn't matter how, that each person's dignity is expendable and no respect for each other is winning - I hope that we never get to that point.

For those of you who remain here when I leave, I cannot express enough the value of an atmosphere where every person feels free to share his or her opinion without fear, to work and defend them within the rules of our legislative process, and to debate them without intimidation and without the prospect that his or her words are being scrutinized for political exploitation. We must continue to keep our eyes on the prize of building a State that is united and prosperous for future generations.

Even though this is very likely the last day I will share the wonderful opportunity of being with you to serve our people from this Chamber, it is not my intent that my public service should end here.

I want to thank the members of this General Assembly, both House and Senate, who saw fit to elect me to the State Employment Security Commission so I can continue to serve this State in another capacity. I hope to continue to serve for years to come in any way that I might be of service to my fellow man, to my colleagues and the people of this State and this nation.

You placed your trust in me and I assure you that I will not disappoint you. Yes, I leave with a great sense of accomplishment and some disappointments and I am humbled that I was given the opportunity to serve. I am hoping that somewhere along the line of my service in this General Assembly that I have touched somebody, that I have helped somebody as I passed along. Then I can rest assured that my work was not in vain.

I leave you with the hope that you will continue to work to unite the people of South Carolina to do those things that will make this State a better state, a prosperous state where all of God's children will have the same opportunities to strive to improve their lives and their work in their life time. I ask you to simply remember that whatever you do will have some impact on somebody's life.

To my dear friends, Senator JOHN MATTHEWS and Senator PATTERSON, who came here with me as a part of the famous thirteen African-American legislators I wish you well and hope you will continue to be a united force in this Senate as long as you continue to serve. To all my friends and colleagues I leave you with many of my unfilled dreams and aspirations. Most of all I leave you with my prayers that God will continue to bless and give you the courage to do his will.

Thank you Mr. PRESIDENT, ladies and gentlemen for your time.

On motion of Senator ANDERSON, with unanimous consent, the remarks by Senator WASHINGTON were ordered printed in the Journal.

H. 4849--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the Report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 4849 was adopted as follows:

H. 4849--Conference Report
The General Assembly, Columbia, S.C., June 20, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Title 23 of the 1976 Code is amended by adding:

"CHAPTER 49
Firefighter Mobilization

Section 23-49-10. This chapter is known and may be cited as the 'Firefighter Mobilization Act of 2000'.

Section 23-49-20. There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Fire Marshal; (2) the State Emergency Preparedness Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency preparedness division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Preparedness Association for a term of three years; and (5) six fire prevention and control personnel appointed by the Governor upon consideration of the written recommendations of the South Carolina State Firemen's Association for three-year terms, three of whom shall serve initial terms of two years, and three of whom shall serve initial terms of three years; thereafter, all fire prevention and control personnel shall serve three-year terms. The Executive Director of the South Carolina State Firemen's Association shall serve as an ex officio, non-voting member of the committee.

Section 23-49-30. The State Fire Marshal shall serve as chairman and shall call meetings as often as he considers necessary or expedient. The State Emergency Preparedness Division Director of Adjutant General's Office shall serve as vice chairman. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term.

Section 23-49-40. The members of the South Carolina Firefighter Mobilization Oversight Committee shall serve without compensation.

Section 23-49-50. The South Carolina Firefighter Mobilization Oversight Committee shall establish the South Carolina Firefighter Mobilization Plan. The purpose of the plan is to provide for responding firefighting and rescue resources from one part of the State to another part of the State or from one state to another state. The plan is operative (1) under emergencies declared by the Governor or by the President of the United States, (2) when a local fire chief needs additional resources after existing mutual aid agreements have been utilized, or (3) when another state requests assistance in dealing with an emergency when a state mutual aid agreement exists between South Carolina and the other state. In addition, the plan operates and is a part of the State Emergency Response Plan.

Section 23-49-60. (A) The South Carolina Firefighter Mobilization Oversight Committee shall (1) develop procedures and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for managing fire and rescue emergencies utilizing an incident command system.

(B) The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and, with the assistance from the offices of the State Fire Marshal and State Emergency Preparedness Director of the Adjutant General's Office, secure local governments' and other states' participation in the agreement.

(C) In order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan, each county and municipality in the State must sign a mutual aid agreement. Other participating states must sign a mutual aid agreement with the State Emergency Preparedness Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources.

Section 23-49-70. The South Carolina Firefighter Mobilization Oversight Committee shall appoint the number of state and regional coordinators the committee considers necessary and sufficient for the execution of the South Carolina Firefighter Mobilization Plan. A state coordinator shall be designated by the committee to be in overall charge of managing the state response for fire and rescue services. A regional coordinator is in overall charge of a region for the purpose of managing the regional response for fire and rescue services and must report directly to the state coordinator designated by the committee.

Section 23-49-80. The committee may request and utilize information regarding equipment, personnel, and other fire and rescue resources maintained by the South Carolina State Firemen's Association.

Section 23-49-90. All fire and rescue resources requested and received under the South Carolina Firefighter Mobilization Plan shall be under the command of the local authority having jurisdiction during an emergency until such resources are released.

Section 23-49-100. When directed by the Governor, the South Carolina Department of Transportation and the South Carolina National Guard shall assist with the transportation of equipment and personnel under this chapter.

Section 23-49-110. (A) For purposes of this chapter:

(1) 'Dry fire hydrant' means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.

(2) 'Firefighting agency' means any entity that provides firefighting services including, but not limited to:

(a) a fire department;

(b) a political subdivision of this State authorized to provide firefighting services; and

(3) 'Source of water' means a water system, water tank, ditch, pool, pond, lake, or river.

(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:

(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;

(2) removal of water by drafting or through a pressure hose;

(3) removal of water by a bucket or hose suspended from a helicopter; or

(4) removal of water by a fixed wing aircraft.

Section 23-49-120. (A) For purposes of this chapter, 'fire protection, control, and rescue equipment' or 'equipment' means, but is not limited to, a vehicle, a firefighting tool, protective gear, breathing apparatus, and any other tools or supplies commonly used or capable of use in fire prevention, firefighting, or fire rescue.

(B) The South Carolina Forestry Commission may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission may be retained for use by the commission or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization.

(C) A donor or donor organization acting in good faith when donating new or used equipment that is apparently fit for use by humans and for its intended purpose is not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment, unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the donor."

SECTION 2. Section 23-6-50 of the 1976 Code is amended by adding a new sentence at the end:

"The Department of Public Safety is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000."

SECTION 3. Section 23-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-10-10. The State Fire Marshal ~~shall have~~ has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel~~-paid, volunteer, and industrial~~. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy ~~shall remain~~ are assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of ~~Licensing,~~ Labor, Licensing and Regulation or his designee.

There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee ~~shall include~~ includes:

(A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee;

(B) one member from the South Carolina Fire Chief's Association appointed by the president;

(D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president;

(E) one member from the Professional Firefighters Association appointed by the president;

(F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president;

(G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only;

(H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers;

(I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges;

(J) the State Fire Marshal as a member ex officio without voting privileges;

(K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation.; and

(L) one member from the South Carolina Fire and Life Safety Education Association appointed by the president."

SECTION 4. This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. Thomas L. Moore           /s/Rep. Annette D. Young-Brickell
/s/Sen. William H. O'Dell         /s/Rep. James Norris Law
/s/Sen. Chauncey Klugh Gregory    /s/Rep. Thomas M. Dantzler
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4849 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 4849--ENROLLED FOR RATIFICATION

H. 4849 (Word version)

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 3393--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.

On motion of Senator McGILL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator McGILL spoke on the Report.

On motion of Senator McGILL, the Report of the Committee of Conference to H. 3393 was adopted as follows:

H. 3393--Conference Report
The General Assembly, Columbia, S.C., June 21, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 4/6/00-S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 23, Title 50 of the 1976 Code is amended by adding:

"Section 50-23-295. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor shall require certification that property taxes have been paid by the current owner as of the date of sale.

The county treasurer or other appropriate official annually, or more frequently as the county may deem appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed acceptable by the department.

The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold."

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

Amend title to conform.

/s/Sen. J. Yancey McGill          /s/Rep. W. D. Witherspoon
/s/Sen. Ernest L. Passailaigue    /s/Rep. James A. Battle, Jr.
Sen. Chauncey K. Gregory          /s/Rep. James N. Law
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3393 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3393--ENROLLED FOR RATIFICATION

H. 3393 (Word version)

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 3358--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.

On motion of Senator RUSSELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RUSSELL spoke on the Report.

H. 3358--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator RUSSELL, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators RANKIN, RUSSELL and JACKSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator RUSSELL, the Report of the Committee of Free Conference to H. 3358 was adopted as follows:

H. 3358--Free Conference Report
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 02/25/99.)

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

/ SECTION 1. (A)(1) This act must be construed liberally. The enumeration of any object, purposes, power, manner, method, or thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.

(2) The provisions of this chapter may not be repealed by implication. If they conflict with other provisions of the 1976 Code, the provisions of this chapter prevail.

(3) The powers and authorities conferred by this chapter may be added to and supplemented by any other general law.

(B) The General Assembly finds that corporations not-for-profit established pursuant to this chapter have been authorized to provide the local governmental functions of water service or sewage treatment or a combination of both, fire protection service, ambulance service, and medical clinic facilities. Corporations not-for-profit exist for a public purpose, and the General Assembly declares that corporations not-for-profit must be treated like special purpose districts for purposes of Chapter 78 of Title 15, Chapter 56 of Title 12, and Sections 56-3-780 and 58-31-30(23) of the 1976 Code. Corporations not-for-profit may participate, under the same conditions as afforded special purpose districts, in the State Retirement System, the State Health Insurance System, state purchasing programs, and Sections 1-11-140 and 1-11-141 of the 1976 Code.

SECTION 2. Title 33 of the 1976 Code is amended by adding:

"CHAPTER 36
Corporations Not-for-Profit Financed
by Federal or State Loans
Article 1
General Provisions

Section 33-36-10. As used in this chapter 'corporation not-for-profit' means a corporation which, upon its original organization, is financed in whole or in part by a loan made under the provisions of the Consolidated Farmers Home Administration Act of 1961, as amended by the Food and Agriculture Act of 1962, and acts amending it, and by the State Revolving Fund for Water or Sewer.

Section 33-36-20. A corporation incorporated pursuant to this chapter may not own or issue shares of stock representing ownership interests in the corporation itself. A corporation incorporated pursuant to this chapter may pay compensation in a reasonable amount to its members, board members, and officers for services rendered, and may confer benefits upon its members in conformity with its purposes. Upon dissolution or final liquidation of the corporation incorporated pursuant to this chapter, the residual assets must be disposed of in the manner required for organizations exempt from federal income tax as described in Section 501(c)(12) of the Internal Revenue Code of 1986.

Article 2
Incorporation

Section 33-36-210. (A) Corporations not-for-profit may be organized pursuant to this chapter by any three or more persons who make, subscribe, acknowledge, and file articles of incorporation with the Secretary of State, and obtain approval from the Secretary of State when the articles of incorporation comply with this chapter.

The written articles of incorporation must contain:

(1) the name of the proposed corporation, which must include the word 'Incorporated' or 'Inc.'. The name may not be the same as, or deceptively similar to, the name of another domestic corporation, or a foreign corporation authorized to do business in this State.

(2) the purpose for which the corporation is organized;

(3) the qualification of members and the manner of their admission;

(4) the term for which the corporation is to exist, which may be perpetual;

(5) by what officers the affairs of the corporation are to be managed, and the times at which they are to be elected or appointed;

(6) the names of the officers who are to serve until the first election or appointment pursuant to the articles of incorporation;

(7) the number of persons constituting the first governing board, which may not be less than three, and the names and addresses of the persons who are to serve as board members, managers, or officers until the first election;

(8) by whom the bylaws of the corporation are to be made, altered, or rescinded;

(9) by whom and in what manner amendments to the articles of incorporation may be proposed and adopted;

(10) the name and address of the corporation's registered agent for service of process;

(11) any provision which the incorporators choose to insert for the conduct of the affairs of the corporation and any provision creating, dividing, limiting, and regulating the powers of the corporation, the board members, managers, or officers not in conflict with this chapter, except that the articles of incorporation do not need to enumerate the powers in Sections 33-36-260 and 33-36-270; and

(12) the signatures of not less than three natural persons competent to contract and an acknowledgment by all of the subscribers before an officer authorized to take acknowledgments.

(B) The original articles of incorporation must be filed with the Secretary of State for approval by any method approved by the Secretary of State. A duplicate copy, signed and acknowledged, also may be filed.

Section 33-36-220. When the articles of incorporation conforming to Section 33-36-210 have been filed with the Secretary of State and the specified filing fee has been paid, the subscribers and their associates and successors constitute a corporation. A duplicate received with the original must be endorsed, certified, and returned to the person from whom it was received upon payment of the fee required for certified copies.

Section 33-36-230. Upon filing articles of incorporation or amendments, or other paper relating to the incorporation, merger, consolidation, or dissolution of a corporation not-for-profit with the Secretary of State, the following fees must be paid:

(1) a filing fee of ten dollars for the filing and approval of articles of incorporation;

(2) a fee of one dollar for the first page, fifty cents for each additional page, and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not-for-profit;

(3) a fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation.

Section 33-36-240. A corporation incorporated pursuant to this chapter may amend its charter as provided in its bylaws. The articles of incorporation may be amended and the amendment incorporated into the articles only if the amendment has been filed with the Secretary of State and all filing fees have been paid.

Section 33-36-250. The Secretary of State shall conform articles of incorporation supplied by his office for 'corporations not-for-profit' to the provisions of Sections 33-36-10 and 33-36-20. In addition, any other forms supplied by the Secretary of State which may be required of a corporation not-for-profit must be conformed to the provisions of this chapter.

Section 33-36-260. A corporation not-for-profit organized pursuant to this chapter, unless otherwise provided in its articles of incorporation or by law, has the power to:

(1) have succession by its corporate name for the period provided for in its articles of incorporation;

(2) sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person;

(3) adopt and use and alter a common corporate seal;

(4) elect or appoint officers and agents as its affairs require and allow them reasonable compensation;

(5) adopt, change, amend, and repeal bylaws, not inconsistent with law or its articles of incorporation, for the administration of the affairs of the corporation and the exercise of its corporate powers;

(6) increase, by vote of its members cast as the bylaws direct, the numbers of its board members, managers, or officers so that the number is not less than three;

(7) make contracts and incur liabilities, borrow money at the rates of interest the corporation determines, issue its notes, bonds, and other obligations, secure its obligations by mortgage, and pledge all or any of its property, franchises, or income;

(8) conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or any foreign country;

(9) purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with real or personal property, or any interest in it, wherever situated.

(10) acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;

(11) sell, convey, mortgage, pledge, lease, exchange, transfer, or otherwise dispose of all or part of its property and assets;

(12) purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with shares and other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships, or individuals, or direct or indirect obligations of the United States, or other government, state, territory, governmental district, municipality, or an instrumentality of them;

(13) lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds loaned or invested;

(14) make donations for the public welfare or for religious, charitable, scientific, educational, or other similar purposes;

(15) have and exercise all powers necessary or convenient to effect the purposes for which the corporation is organized.

Section 33-36-270. (A) In addition to the general powers of nonprofit corporations contained within Section 33-36-260, nonprofit corporations created pursuant to this chapter may:

(1) engage in the business of supplying water or sewage disposal, or a combination of water and sewer services, and provide other services and facilities, including but not limited to fire protection services, ambulance services, and medical clinic facilities to individuals, corporations, and political subdivisions within the geographical area specified within the articles of incorporation, including water districts;

(2) exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19);

(3) borrow funds and contract with municipalities, counties, and other political subdivisions for the provision of services and facilities including, but not limited to, fire protection services, ambulance services, and medical clinic facilities in accordance with this chapter and the Rural Development Act of 1972.

(B) Counties, municipalities, and other political subdivisions may contract with nonprofit corporations for those purposes, and water and sewer authorities also may make provision for fire protection. Before providing any of the services authorized in this section, a nonprofit corporation or a group intending to organize a nonprofit corporation must notify the governing body of the county or municipality in which the service is to be provided of its intention and the nature of the service. The governing body shall have a period of ninety days from the date of the notification to approve the request to provide the services or inform the person requesting permission to provide the service that the governing body intends to provide for the service as a public function of government. The notification of intent by the governing body must include a detailed description of the area to be served, the services to be provided, and the time schedule under which the service will be available from the county or municipality. Failure to notify the corporation within ninety days of the governing body's approval or intent to serve is considered approval.

Section 33-36-280. The rates charged for services furnished by a nonprofit corporation created for the purpose of providing water supply or sewage disposal, or a combination of those services, are not subject to supervision or regulation by a state board, commission, or agency or department or division of it.

Section 33-36-290. An irregularity in complying with the provisions of this chapter does not vitiate the incorporation until a direct proceeding to set aside and annul the charter is instituted by the proper authorities of the State. All acts done and contracts entered into have the same force and effect as if no irregularity had existed.

Section 33-36-300. The original bylaws of a corporation not-for-profit must be adopted by its incorporators. After that, bylaws must be adopted, amended, or repealed by the members, except that the corporation's governing body may enact emergency bylaws in the same manner as provided for nonprofit corporations in Section 33-31-207. The governing board also may adopt changes to the bylaws by a two-thirds vote when necessary to conform with state or federal laws governing the operation of the corporation or the services provided by the corporation. This power to amend the bylaws by the board may not be used to conform to permissive powers granted in state or federal legislation or to undertake services not already provided by the corporation.

Article 3
Members

Section 33-36-410. A person who is not an incorporator may not become a member of a corporation not-for-profit unless the person agrees to use the services furnished by the corporation when the service is available through its facilities. The bylaws of a corporation not-for-profit may provide that a person, including an incorporator, ceases to be a member if he fails or refuses to use the services made available by the corporation. The bylaws may prescribe additional qualifications and limitations in respect to membership.

Section 33-36-420. (A) An annual meeting of the membership of a corporation not-for-profit must be held at times provided in the bylaws. A special meeting of the membership may be called by a majority of its governing board, by not less than ten percent of the membership, or by the principal officer of its governing board.

(B) Meetings must be held at places provided in the bylaws, and in the absence of a provision, the principal office of the corporation is the location of all meetings.

(C) Except as otherwise provided, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose for which the meeting is called, must be given to each member, personally or by mail, not less than ten nor more than twenty-five days before the date of the meeting.

Section 33-36-430. A quorum must be provided in the bylaws, except that the number required by the bylaws may not be less than the number of the governing board who conduct the business of the corporation between meetings of the membership.

Section 33-36-440. Each member is entitled to one vote on each matter submitted to a vote at a membership meeting. Voting must be in person, unless the bylaws provide specifically for voting by proxy and the conditions under which proxy voting may be exercised.

Section 33-36-450. (A) Notwithstanding another provision of this chapter, any proposition embodied in a petition signed by at least ten percent of the members of the corporation, except for dissolution or sale of a substantial portion of the assets of the corporation, must be submitted to the members of the corporation. The submission to the membership must occur at a special meeting of the membership held within forty-five days after the presentation of the petition unless the next annual meeting of members falls within ninety days after the presentation or unless the petition requests the issue be raised at the annual meeting.

(B) The approval of the board is not required for a proposition signed by ten percent of the membership, except for dissolution or the vote to sell a substantial portion of the assets of the corporation, to be submitted to the membership for vote and adopted at a regular or special meeting.

(C) The board must exercise its best efforts to carry out the directives of the membership which are adopted pursuant to a ten percent or greater membership petition, and failure by a board member to exercise his best efforts to carry out the directive is just cause for removal from the board.

Section 33-36-460. The private property of the members of a corporation not-for-profit is exempt from execution for the debts of the corporation, and a member is not liable or responsible for debts of the corporation.

Article 4
Governing Board

Section 33-36-610. (A) The business and affairs of the corporation must be managed by a board of not less than three persons, each of whom must be a member of the corporation or an agent of a corporation which is a member. If a husband and wife hold a joint membership in a corporation not-for-profit one, but not both, may be elected to the board.

(B) The board may exercise all the powers of a corporation not-for-profit except those powers conferred upon the members by this chapter, its articles of incorporation, or bylaws.

(C) The bylaws must prescribe the number of board members, their qualifications other than those provided for in this chapter, the manner of holding meetings of the board, and the filling of vacancies on the board. The bylaws also may provide for the removal of a board member from office and for the election of his successors.

Section 33-36-620. A majority of the board constitutes a quorum, unless otherwise specified in the bylaws.

Section 33-36-630. Unless limited by its articles of incorporation, a corporation not-for-profit must indemnify against reasonable expenses incurred by a board member who is successful on the merits or otherwise in the defense of a proceeding to which he is a party because of his board membership.

Section 33-36-640. General standards for board members are the same as those required of directors of nonprofit corporations under Section 33-31-830.

Section 33-36-650. The bylaws may provide for the division of the service area of the corporation into two or more districts for designating seats on its governing board. The bylaws also may provide that a district have two or more seats on its governing board. One or more members may be elected from each district to fill the seats designated for the district. The entire membership must vote on election of board members even though only members from certain geographic districts are qualified candidates for district board seats. The bylaws may provide, further, that board elections be staggered so that no less than one-third or more than one-half of all board members' terms expire each year.

Section 33-36-660. All board members of corporations not-for-profit are immune from suits arising from the conduct of the affairs of the corporation, unless conduct amounts to wilful, wanton, or gross negligence. Nothing in this article grants immunity to a corporation not-for-profit.

Section 33-36-670. A corporation not-for-profit has the officers described in its bylaws, and they are chosen by the board in accordance with the bylaws. A duly appointed officer may have one or more assistant officers if authorized by the bylaws. The bylaws of the corporation must delegate to one officer the customary responsibilities of an officer commonly known as 'president', to one officer the customary responsibilities of an officer known as 'secretary', and one officer the customary responsibilities of an officer commonly known as 'treasurer'. The responsibilities of secretary and treasurer may be held by the same person. An officer may be removed from office and his successor selected in the manner prescribed by the bylaws.

Article 5
Sale, Consolidation, and Mergers

Section 33-36-810. (A) A corporation not-for-profit may sell its assets. A 'sale' means a sale, lease, exchange, donation, or other disposition of assets, except a mortgage of or other security interest in the assets.

(B) A sale of all or substantially all the property and assets, with or without the goodwill of a corporation not-for-profit, may be made upon terms and conditions and for consideration, which may consist in whole or in part of money or property, real or personal, including shares of any other corporation, domestic or foreign, as are authorized, in the following manner:

(1) Two-thirds of the board must adopt a resolution recommending the sale and directing the submission of it to a vote at a special or annual meeting of members.

(2) Written or printed notice must be given to each member of record entitled to vote at the meeting, within the time and in the manner provided for the giving of notice of meetings of members, and must state that the purpose of the meeting is to consider the proposed sale.

(3) At the meeting the members may authorize the sale by an affirmative vote of at least two-thirds of all the members, and may fix, or authorize the board to fix, the terms and conditions of the sale and the consideration to be received by the corporation.

Section 33-36-820. Two or more corporations not-for-profit, each of which is designated a 'consolidating corporation', may consolidate into a new corporation not-for-profit, designated the 'new corporation', by complying with the following requirements:

(1) The proposition for consolidating into a new corporation and proposed articles of consolidation must be approved first by the board of each consolidating corporation. The proposed articles of consolidation must recite in the caption that they are executed pursuant to this chapter and must state:

(a) the name of each consolidating corporation, the address of its principal office, and the date of the filing of its articles of incorporation with the Secretary of State;

(b) the name of the new corporation and the address of its principal office;

(d) the terms and conditions of the consolidation and the mode of effecting it, including the manner and basis of converting memberships in each consolidating corporation into memberships in the new corporation and the issuance of certificates of membership for the converted memberships; and

(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the new corporation.

(2) Upon approval by the board of each consolidating corporation, the proposition for consolidating and the proposed articles of consolidation must be submitted to a vote of the members of each consolidating corporation at an annual or special meeting, the notice of which must explain fully the proposed consolidation. The proposed consolidation and the proposed articles of consolidation are approved upon the affirmative vote of not less than two-thirds of those members of each consolidating corporation voting at the meeting.

(3)(a) Upon approval by the members of the respective consolidating corporations, articles of consolidation in the approved form must be executed and acknowledged on behalf of each consolidating corporation by the officers specified in their bylaws, and attested under seal by the officer specified in their bylaws.

(b) The chief officer of each consolidating corporation, by whatever name designated in the bylaws, must execute the articles of consolidation and make and attach to them an affidavit stating that the provisions of this section were duly complied with by the corporation not-for-profit.

(c) The articles of consolidation and affidavits must be submitted to the Secretary of State for filing as provided in this chapter.

Section 33-36-830. Any one or more corporations not-for-profit, each of which is designated a 'merging corporation', may merge into another corporation not-for-profit, designated the 'surviving corporation', by complying with the following requirements:

(1) The proposition for merging into a surviving corporation and proposed articles of merger must be approved first by the board of each merging corporation and by the board of the surviving corporation. The proposed articles of merger must recite in the caption that they are executed pursuant to this chapter and must state:

(a) the name of each merging corporation, the address of its principal office, and the date of the filing of its articles of incorporation with the Secretary of State;

(b) the name of the surviving corporation and the address of its principal office;

(d) the terms and conditions of the merger and the mode of effecting it, including the manner and basis of converting the memberships in the merging corporation or corporations into memberships in the surviving corporation and the issuance of certificates of membership for the converted memberships; and

(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the surviving corporation.

(2) After approval by the boards of the respective parties to the proposed merger, the proposition for merging into a surviving corporation and the proposed articles of merger must be submitted to a vote of the members of each corporation at an annual or special meeting, the notice of which must explain fully the proposed merger. The proposed merger and the proposed articles of merger are approved upon the affirmative vote of not less than two-thirds of those members of each corporation voting at the meeting.

(3)(a) Upon approval by the members of the respective parties to the proposed merger, articles of merger in the approved form must be executed and acknowledged on behalf of each such corporation by its chief officer, by whatever name designated in its bylaws, and attested under seal by the officer specified in its bylaws.

(b) The chief officer of each corporation executing the articles of merger also must make and attach to them an affidavit stating that the provisions of this section were duly complied with by the corporation.

(c) The articles of merger and affidavits must be submitted to the Secretary of State for filing as provided in this chapter.

Section 33-36-840. The effect of consolidation or merger is as follows:

(1) The several parties to the consolidation or merger are a single corporation not-for-profit. In the case of a consolidation, it is the new corporation provided for in the articles of consolidation and, in the case of a merger, it is the surviving corporation. The separate existence of all corporate parties to the consolidation or merger, except the new or surviving corporation, ceases.

(2) The new or surviving corporation has all the rights, privileges, immunities, and powers and is subject to all the duties and liabilities of a corporation not-for-profit organized pursuant to this chapter, and possesses all the rights, privileges, immunities, and franchises of a public or private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating or merging corporations. Every interest of, or belonging or due to, each of the consolidating or merging corporations are transferred to and vested in the new or surviving corporation without further act or deed. The title to real estate, or an interest in real estate, vested in a consolidating or merging corporation does not revert or is not impaired by reason of the consolidation or merger.

(3) The new or surviving corporation is responsible and liable for all of the liabilities and obligations of each of the consolidating or merging corporations, and a claim existing or action or proceeding pending by or against any of the corporations may be prosecuted as if the consolidation or merger had not taken place, except that the new or surviving corporation may be substituted in its place.

(4) Neither the rights of creditors nor liens upon the property of consolidating or merging corporations are impaired by consolidation or merger.

(5) In the case of a consolidation, the articles of consolidation are the articles of incorporation of the new corporation, and in the case of a merger, the articles of incorporation of the surviving corporation are considered to be amended to the extent that the changes are provided for in the articles of merger.

Article 6
Dissolution

Section 33-36-1010. A corporation not-for-profit which has not commenced business may dissolve voluntarily by delivering to the Secretary of State for filing articles of dissolution, executed and acknowledged on behalf of the corporation, and stating:

(1) the name of the corporation;

(2) the address of its principal office;

(3) the date of its incorporation;

(4) that the corporation has not commenced business;

(5) that the amount, if any, actually paid in an amount of membership fees, less any part disbursed for necessary expenses, has been returned to those entitled to it;

(6) that no debt of the corporation remains unpaid; and

(7) that a majority of the incorporators elects that the corporation be dissolved.

Section 33-36-1020. A corporation not-for-profit which has commenced business may dissolve voluntarily and wind up its affairs in the following manner:

(1) Two-thirds of the board shall adopt a resolution recommending dissolution and directing the submission of the question to a vote at an annual or special meeting of members.

(2) Written or printed notice must be given to each member of record entitled to vote at the meeting within the time and in the manner provided for the giving of notice of meetings of members, and must state that the purpose of the meeting is to consider the dissolution.

(3) At the meeting the members may authorize the dissolution and may fix, or authorize the board to fix, its terms and conditions. Each member may vote and the authorization requires the affirmative vote of at least two-thirds of all the members.

Section 33-36-1030. (A) Upon meeting the requirements of Section 33-36-1020, a certificate of election to dissolve must be executed and acknowledged on behalf of the corporation by its chief officer, by whatever name designated by the bylaws, and attested under seal by the officer specified in its bylaws.

(B) The certificate must state:

(1) the name of the corporation;

(2) the address of its principal office;

(3) the names and addresses of its board members; and

(4) the total number of members of the corporation, the number voting for dissolution, and the number voting against dissolution.

(C) The corporate officer executing the certificate of election to dissolve also must make, as an attachment to the certificate, an affidavit stating compliance with the provisions of Section 33-36-1020.

Section 33-36-1040. The certificate of dissolution and affidavit must be submitted to the Secretary of State for filing and the corporation not-for-profit must cease to carry on its business, except as is necessary for the winding up of its business. Its corporate existence continues until articles of dissolution have been filed by the Secretary of State.

Section 33-36-1050. The board has full power to wind up and settle the affairs of the corporation not-for-profit. It shall collect the debts owing to the corporation, sell and dispose of its property and assets, and pay, satisfy, and discharge its debts, obligations, and liabilities. After paying or adequately providing for the payment of all debts, obligations, and liabilities, the board shall dispose of the residual assets in accordance with the requirements of Section 501(c)(12) of the United States Internal Revenue Code of 1986.

Section 33-36-1060. Upon the filing of the certificate of dissolution by the Secretary of State, the board immediately shall cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the corporation is located.

Section 33-36-1070. (A) When all debts, liabilities, and obligations of the corporation have been paid and all remaining property and assets distributed, the board shall authorize the execution of articles of dissolution, executed and acknowledged on behalf of the corporation by its chief officer, by whatever name designated in its bylaws, and attested under seal by the officer specified in its bylaws.

(B) The articles of dissolution must recite in the caption that they are executed pursuant to this chapter and must state:

(1) the name of the corporation;

(2) the address of the principal office;

(3) that the corporation has delivered to the Secretary of State a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State in the records of his office;

(4) that all debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provisions have been made for payment or discharge;

(5) that all residual assets of the corporation have been distributed in accordance with Section 501(c)(12) of the 1986 Internal Revenue Code;

(6) that no actions or suits are pending against the corporation.

(C) The officer executing the articles of dissolution also shall make and attach to them an affidavit stating that the provisions of this article have been duly complied with. The articles of dissolution and affidavit, accompanied by proof of the publication required in Section 33-36-1060, must be submitted to the Secretary of State for filing.

Article 7
Miscellaneous

Section 33-36-1210. A domestic corporation organized and governed pursuant to Chapter 35 of Title 33 before the effective date of this chapter is deemed to have been organized pursuant to this chapter as of its effective date and must be governed by the provisions of this chapter."

SECTION 3. Section 33-20-103 of the 1976 Code, as last amended by Act 384 of 1994, is further amended to read:

"Section 33-20-103. Except for corporations organized under or transacting business pursuant to the provisions of Chapter 49 of this title, except for corporations organized under or transacting business pursuant to Chapter 45 of this title or any other provision of law in this title relating to telephone cooperatives, except for corporations not-for-profit organized or operating pursuant to Chapter 36 of this title, and except for those nonprofit corporations which are governed exclusively by the provisions of Chapter 31 of this title, Chapters 1 through 20 of this title apply to every domestic nonprofit corporation and to any other foreign nonprofit corporation which is authorized to or transacts business in this State except as otherwise provided in Chapters 1 through 20 of this title or by the law regulating the organization, qualification, or governance of the nonprofit corporation."

SECTION 4. Section 33-31-1708 of the 1976 Code, as added by Act 384 of 1994, is amended to read:

"Section 33-31-1708. Other sections of this chapter notwithstanding, cooperative nonprofit membership corporations organized under or transacting business pursuant to Chapter 49 of this title, ~~and~~ telephone cooperatives organized under or transacting business pursuant to Chapter 45 or any other provision of law in this title, and corporations not-for-profit organized under and operating pursuant to Chapter 36 of this title are not subject to the provisions of this chapter and no provision of this chapter ~~shall repeal~~ repeals or ~~amend~~ amends any provision of Chapter 49 of this title, or any provision of Chapter 45 of this title or any other provision of law in this title relating to telephone cooperatives, or any provisions of Chapter 36 of this title."

SECTION 5. Chapter 35 of Title 33 of the 1976 Code is repealed.

SECTION 6. A. Section 6-13-120(A) of the 1976 Code, as added by Act 6 of 1993, is amended to read:

"(A) For purposes of this section, 'assuming service provider' includes, but is not limited to, a county, municipality, special purpose district as defined by Section 6-11-810(d), or corporation not for profit as defined by Section ~~33-35-10~~ 33-36-10."

B. Section 6-19-10 of the 1976 Code is amended to read:

"Section 6-19-10. The State may make grants in aid in the financing of any public water supply authorities or districts, any sewer authorities or districts, any water and sewer authority, any rural community water or sewer system legally organized in the State, any nonprofit corporation organized pursuant to ~~Sections 33-35-10 to 33-35-170~~ Chapter 36 of Title 33, any general purpose local government, water or sewer system; or any municipal water or sewer system in any city, town, or village of less than one thousand five hundred population in accordance with the most recent studies conducted by the United States Bureau of the Census."

C. Section 12-6-550(4) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(4) nonprofit corporations organized pursuant to ~~Sections 33-35-10 through 33-35-170~~ Chapter 36 of Title 33 for the purpose of providing water supply and sewerage disposal or a combination of those services;"

D. Section 12-36-2120(12) of the 1976 Code, as last amended by Act 361 of 1992, is amended to read:

"(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to ~~Sections 33-35-10 to 33-35-170~~ Chapter 36 to Title 33;"

E. Section 12-37-220(B)(4) of the 1976 Code is amended to read:

"(4) All property of any kind of a nonprofit corporation created for the purpose of providing water supply or sewage disposal, or a combination of such services, organized pursuant to ~~Sections 33-35-10 and 33-35-170~~ Chapter 36 of Title 33."

SECTION 7. Any charter of a corporation not-for-profit filed with the Secretary of State before the effective date of this act is not repealed or nullified by this act. If any article, sector, or paragraph of an existing charter is inconsistent with a provision of this act, the article, sector, or paragraph is automatically modified to the extent necessary to conform with this act.

SECTION 8. If a company subject to the provisions of Sections 1-7 of this act fails to have a registered agent for service of process on the effective date of this act, the Secretary of State must notify the corporation not-for-profit, which has sixty days to appoint for the record an agent or be subject to a fine of five hundred dollars.

SECTION 9. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-330. (A) A special purpose district that was empowered as of March 7, 1973, to provide fire protection services to the area within its boundaries may provide emergency medical services to the area within its boundaries if it has received permission, by written resolution, from the governing body of the county or counties in which the district is located, provided that these emergency medical services may not be provided to those parts of the district's area where emergency medical services are being provided by a governmental entity at the time the district's governing body determines to utilize the provisions of this section. The district may build, acquire, construct, operate, and maintain such facilities, contract for the use of these facilities, acquire or lease such equipment, and hire, train, and employ the personnel as are in the opinion of the governing body of the special purpose district necessary to or helpful in the provision of emergency medical services by the district. The district may impose such schedule of rates and charges for the provision of emergency medical services as the governing body of the district shall from time-to-time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the emergency medical services made available by it.

(B) All other powers of a special purpose district shall continue and are not considered to be changed by the provisions of this section."

SECTION 10. Item (c) of the first paragraph of Section 6-25-70 of the 1976 Code is amended to read:

"(c) Approval of ~~such~~ the application by resolution of the governing body of each member of ~~such~~ the joint system; except in the case of a joint system organized for the purpose of creating a financing pool, in which case the application must be approved by resolution of the commission."

SECTION 11. Section 33-56-90 (A), as last amended by an unnumbered act of 2000 bearing Ratification No. 366, is further amended to read:

"(A) ~~Upon oral or written request of the solicited party~~ At the initial time of solicitation, a professional solicitor must disclose its status as a 'professional' or 'paid' solicitor. The professional solicitor also must disclose the registered true name of the professional fundraising organization for which it works and the registered true name, location, and purpose of the charitable organizations for which it is soliciting. Upon oral or written request of the solicited party, a professional solicitor also must disclose the percentage of gross receipts with which the professional solicitor is compensated including the amount the professional solicitor must be reimbursed as payment for fundraising costs. The professional solicitor also must disclose the guaranteed minimum percentage of gross receipts to be remitted or retained by the charitable organization excluding the amount which the charitable organization must pay for fundraising costs."

SECTION 12. This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. John R. Russell           /s/Rep. Ronald N. Fleming
/s/Sen. Darrell Jackson           Rep. Gilda Cobb-Hunter
/s/Sen. Luke A. Rankin            /s/Rep. Robert W. Harrell, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3358 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Point of Personal Privilege

Senator RUSSELL rose to a Point of Personal Privilege.

On motion of Senator RANKIN, with unanimous consent, the remarks by Senator RUSSELL, when reduced to writing and made available to the Desk, would be printed in the Journal.

Clerk's Statement

Senator RANKIN made a motion that "the remarks of Senator RUSSELL, when reduced to writing and made available to the Desk, would be printed in the Journal." Senator RUSSELL elected not to have his remarks printed in the Journal.

Motion Adopted

At 3:30 P.M., on motion of Senator COURSON, with unanimous consent, the members of the Richland County Senate Delegation were granted leave to attend a meeting, to be counted in any quorum calls, and to be notified of any roll call votes.

H. 3649 -- FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF FREE CONFERENCE ADOPTED

H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.

On motion of Senator LAND, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, MOORE, and SETZLER to the Committee of Free Conference
on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator BRYAN, the Report of the Committee of Free Conference to H. 3649 was adopted as follows:

H. 3649--Free Conference Report
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/1/00--S.)

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

/PART 1A
Revenue and Appropriations

SECTION 1. The sources of general fund revenues appropriated in this part are as follows:

(1) $100,043,037 in projected general fund fiscal year 1999-2000 surplus revenues;

(2) $54,514,000 in lapsed general fund appropriations by changing from fiscal year 1999-2000 to fiscal year 2000-2001 the accounting for the July, 2000, distribution pursuant to Chapter 27, Title 6 of the 1976 Code, the State Aid to Subdivisions Act; and by this item, this lapse is deemed to have occurred;

(3) An amount not exceeding $5,872,633 retained by the Department of Revenue pursuant to Section 12-21-2720(F) of the 1976 Code as that provision existed before July 1, 2000, must lapse to the general fund of the State and by this item, this lapse is deemed to have occurred;

(4)(a) The appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 for "Aid Schl Dist Educ Fun Act" in the amount of $1,175,917,424 in the total funds and general funds columns is reduced by $11,267,000 in both columns and the appropriations for "Aid Schol District - emplr contri" in the amount of $301,463,570 in the total funds and general funds columns is reduced in both columns by $1,715,319.

(b) Regardless of the actual time of ratification of this act and the general appropriations act for fiscal year 2000-2001, the reductions in the appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 provided in subitem (a) of this subsection are deemed to have been enacted after the ratification date of the general appropriations act for fiscal year 2000-2001, and this act constitutes the last statement of the General Assembly on the amount of these appropriations.

(5)(a) The appropriation in Part 1A, Section 1, Subsection XIII of Act 100 of 1999, for "Aid Schl Dist Educ Fin Act" in the amount of $1,131,409,216 in the Total Funds and General Funds columns is reduced by $10,033,660 in both columns.

(b) The increased revenue realized by the reductions in the appropriations referenced in subitem (a) above, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act must be retained in the general fund of the State.

(c) The provisions of this subsection, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act, take effect upon approval of this act by the Governor.

SECTION 2. (A) From fiscal year 1999-2000 projected general fund surplus revenues, the following sums are appropriated for the purposes stated:
Clemson University

(1) Call Me MISTER Initiative $361,747
University of Charleston

(2) Youth Race Initiative 50,000
Coastal Carolina University

(3) Atlantic Center - Marine Science Program 200,000

(4) Art Department - Specialized Accreditation 75,000
Lander University

(5) Academic Initiative 950,000
South Carolina State University

(6) Transportation Center 500,000

(7) DHEC/DLLR Health & Safety Inspection 905,375

(8) Business School Accreditation 500,000
University of South Carolina - Columbia

(9) Baruch Institute: National Estuarine Research 231,113

(10) Small Business Development Center 191,398

(11) Law Library 55,926
Board for Technical and Comprehensive Education

(12) Special Schools 5,500,000
Department of Archives and History

(13) Microfilming Historical County Records 50,000

(14) Mary McLeod Bethune

Homeplace Replica (Mayesville) 25,000
Arts Commission

(15) Grantmaking 500,000

(16) Partnership/Community Cultural Facilities

Development Grants 200,000
Department of Health and Human Services

(17) Medicaid 17,830,229

(18) Commun-I-Care Pharmaceuticals 500,000

(19) FY 2000-01 Community Long-Term Care

Waiting List - 500 Slots 1,600,000

(20) Restoration of AWP Change from 13% to 10% 2,500,000

(21) Hospital-Based Health Clinics 368,000

(22) Palmetto Senior Care 1,700,000
Department of Health and Environmental Control

(23) Health Department Facility Repairs 500,000

(24) Beach Restoration 1,700,000

(25) Myrtle Beach Study & Engineering

Plan for Water Quality 300,000

(26) Water Quality Testing 200,000
Department of Social Services

(27) Foster Care Payments - Teen Homes 400,000
Department of Parks, Recreation and Tourism

(28) Alternative Funding 4,000,000

(29) PRT Grant Fund 1,653,042
Election Commission

(30) 2000 General Election 2,250,000
Clemson University - Public Service Activities

(31) Fire Ant Research & Education 200,000

(32) Tropical Soda Apple 80,000

(33) Agri-Systems Productivity & Profitability (2x4) 800,000

(34) Youth Development 100,000
South Carolina State University - Public Service Activities

(35) 1890 Leadership Inst/Regulatory &

Public Service 500,000

(36) Public Service Activities 480,000
Department of Natural Resources

(37) NPS Cost Share 690,000

(38) Water Monitoring Network 150,000

(39) Aquatic Nuisance Program 400,000

(40) Soil & Water Conservation National Convention 25,000
Department of Commerce

(41) Staff Development 165,000

(42) Advertising 500,000

(43) Economic Development - Coordinating

Council 8,000,000

(44) Pleasant Valley Commons 600,000

(45) Phillis Wheatley Association 202,941
Judicial Department

(46) Drug Treatment Court Pilot Program 1,500,000
Department of Corrections

(47) Institutional Maintenance 1,000,000
Department of Probation, Parole and Pardon Services

(48) Information Technology 210,000

(49) Transition Housing/Aftercare 250,000
The Senate

(50) Legal Expenses 100,000

(51) NCSL & Council of State Governments Dues 5,955

(52) Council for Conflict Resolution 350,000
House of Representatives

(53) Legal Expenses 100,000

(54) Operating Expenses 150,000
Department of Juvenile Justice

(55) Decentralized Facilities 3,577,998

(56) Other Operating - Subclass,

Detention Center & Evaluation Center 1,273,321

(57) Additional Female Units at Regional &

Evaluation Centers (VOITIS Match) 678,000

(58) Information Technology 452,163

(59) Juvenile Arbitration Program 500,000

(60) Mentoring Program 100,000
Governor's Office - State Law Enforcement Division

(61) Laboratory 220,000
Department of Public Safety

(62) New Trooper Class 2,700,000

(63) Litter Program 500,000
Workers Compensation Commission

(64) Self-Insurance Program Audit Function 15,000
Legislative Printing

(65) Software/Technical Support 228,000
Legislative Information Systems

(66) Equipment Repair & Installation 166,500
Governor's Office - Executive Policy and Programs

(67) Veteran's Affairs - World War II Monument,

Washington, DC 200,000

(68) Professional Development 100,000
Adjutant General

(69) Armory Operations/Maintenance 300,000

(70) Tuition Assistance 250,000
Budget and Control Board - Division of Operations

(71) Leadership SC 75,000
Budget and Control Board - Division of Budget and Analyses

(72)Professional Development 50,000
Budget and Control Board - Division of Regional Development

(73) Salkehatchie Leadership Center 125,000

(74)Jackson Mills Sewer Project 400,000

(75)Waccamaw River Flood Plain Study 400,000
Department of Revenue

(76) Electronic Document Processing System 1,000,000

(77) Video Poker License Fee Refunds 9,400,000
Board for Technical and Comprehensive Education

(78) Special Schools 5,000,000
Attorney General

(79) Palmetto Exile Prosecution Unit 77,500

(80) White Collar Crimes Prosecution Unit 6,200
Department of Labor, Licensing and Regulation

(81) Fire Academy 250,000

(82) Elevator & Amusement Ride Regulation 80,000
Department of Revenue

(83) Video Poker License Fee Refunds 9,000,000
State Ethics Commission

(84) Computer System 40,000
Forestry Commission

(85) Forest Resource Inventory 500,000
Total Appropriations $100,020,408

(B) The appropriations in subsection (A) of Section 2 of this part are contingent based on the availability of $100,043,037 in projected unobligated fiscal year 1999-2000 general fund revenues and are therefore listed in priority order beginning with item (1). Each separate item must be fully funded before the next item in order of priority until all items are paid or funds are unavailable from the amount specified, whichever occurs first. Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal years and expended for the same purposes. Appropriations in this Part must be posted in fiscal year 2000-2001.

(C) This Section 2 takes effect July 1, 2000, but no appropriation in this section may be paid before the later of September 1, 2000, or the date the Comptroller General closes the state's books on fiscal year 1999-2000.

SECTION 3. From all other revenue sources identified in Section 1 of this Part other than item (1), there is appropriated or transferred for the fiscal year beginning July 1, 2000, and ending June 30, 2001, from the general fund of the State, the following sums for the purposes stated:

(1) General Reserve Fund Contribution 2,545,350
Empl Bfts

(2) Health Insurance - FY 2000-01 Rate Increase 10,225,000

(3) 401K Program 7,200,000
Department of Education

Teacher Quality & Retention:

(4) Deferred Compensation 10,000,000

(5) Health & Dental Benefits for Part-time Teachers 225,000

(6) Intervention - At-Risk District 1,000,000

(7) EAA Summer School & Comprehensive

Remediation Program 4,000,000

(8) Transportation - Buses, Fuel & Parts 175,000

(9) Character Education 265,000

(10) Institute for Teachers of Government -

Furman University 300,000

(11) K-12 Technology Initiative 16,500,000

(12) Gov's School for Arts 2,034,000
School for the Deaf and Blind

(13) Facility Maintenance and Accessibility &

Safety Improvements 20,877
Commission on Higher Education

(14) LIFE Scholarships 13,331,958

(15) Access & Equity 500,000

(16) Competitive Research Grants 4,000,000

(17) EPSCOR 2,500,000

(18) GEAR-UP 1,000,000

(19) College & University Technology Initiative 3,978,000
Higher Education Tuition Grants

(20) Tuition Grants 500,000

(21) Student Legislature 15,000
Commission on Higher Education

(22) Academic Endowment Incentive 1,815,000
Clemson University

(23) Municipal Services 1,117,000

(24) Call Me MISTER Initiative 155,427

Total Appropriations $83,402,612

PART IB
Temporary Provisions

SECTION 1. The following provisions apply in the manner that the provisions in Part IB of the general appropriations act for fiscal year 2000-2001 apply:

(1) (DHHS: Commun-I-Care) Funds appropriated for Commun-I-Care must not be used for personal services.

(2) (DHEC: Permitted Site Fund) Upon approval by the Budget and Control Board, the South Carolina Department of Health and Environmental Control may expend funds as necessary from the permitted site fund established pursuant to 44-56-160(B)(1) for legal services related to environmental response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.

(3) (BCB/DO: Senior Prescription Drug Program) Funds appropriated for the Senior Prescription Program may be carried forward.

(4) (Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases or other operating in program VII C- Bus Shops may be use to purchase buses, fuel, parts or other school bus related items.

(5) (Part-time Benefits) Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost.

(6) (GEAR-UP) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) grant.

(7) (Alston Wilkes Society) The Department of Probation, Parole, and Pardon Services shall contract with the Alston Wilkes Society in the amount of $150,000 to provide temporary housing for offenders serving the conditions of supervision. The Department shall provide $100,000 in additional funds to the Alston Wilkes Society for facility maintenance and support.

(8) (Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this section for Registers of Deeds shall be distributed by the Comptroller General to the appropriate County Treasurer, which shall be used as a $1,575 salary supplement for Registers of Deeds. The State shall pay $16,649 on the salary of each County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions. It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County Treasurer for salary increases that they might otherwise receive from county funds in the future. These salaries shall be paid in accordance with the schedule and method of payment established for state employees.

(9) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.

(10) (Out of Home Placement) The funds appropriated for Foster Care Payments-Teen Homes must be allocated for a rate increase for out of home placement providers.

(11) (Beach Restoration Fund) Of the funds appropriated for beach restoration, $1,700,000 must be used for the Hunting Island State Park beach renourishment/stabilization project.

(12) (Summerville Armory Infrastructure) Of the funds appropriated for Armory Maintenance, $150,000 must be used for the Summerville National Guard Armory Infrastructure.

(13) (Soil and Water Conservation Society) The Department of Natural Resources shall provide the amount appropriated on a one-time basis to the South Carolina Chapter of the Soil and Water Conservation Society to pay a portion of the cost associated with the society's national convention.

(14) (Pilot Drug Treatment Court Program) Of the funds appropriated for the Drug Court Program, at least $850,000 must be used for drug court grants and $500,000 must be used to establish and operate a pilot drug treatment court program in the Third Judicial Circuit. The Chief Justice has the sole authority to appoint the drug treatment court judges and to prescribe their powers, jurisdiction, and authority, which may include criminal and civil matters. A person appointed to serve as a drug treatment court judge may receive an annual stipend for this service in addition to reimbursement for mileage and other ordinary expenses. The Chief Justice may appoint a "Drug Court Commissioner" who does not have to be an attorney and who shall have the sole responsibility for establishing, operating, and maintaining this pilot project. The compensation for the position of Drug Court Commissioner must be equivalent to the salary of a family court judge. The Drug Court Commissioner shall appoint a local drug treatment court management committee for the Third Circuit. The purpose of this committee is to establish the guidelines and procedures necessary to operate and evaluate the drug treatment court subject to any administrative orders which the Chief Justice may issue regarding the drug treatment court.

The committee shall consist of the following members:

(1) at least two members of the judiciary;

(2) the Third Judicial Circuit solicitor or his designee;

(3) a Public Defender or Contract Public Defender from the Third Judicial Circuit as designated by the President of the South Carolina Public Defender's Association;

(4) a local law enforcement officer;

(5) a probation officer or community specialist;

(6) a representative of the Department of Alcohol and Other Drug Abuse Services;

(7) a representative of the Department of Social Services;

(8) a representative of the Department of Mental Health;

(9) the Drug Court Commissioner; and

(10) other persons selected by the committee.

Any funds associated with this pilot program which are not expended in this fiscal year may be retained and carried forward to the next fiscal year to be used for the same purposes as described in this paragraph.

(15) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide mini grants for colleges and universities, excluding Clemson University, the University of South Carolina, and the Medical University of South Carolina.

(16) (Waccamaw River Flood Plain Study) The State Budget and Control Board shall use the funds appropriated for the Waccamaw River Flood Plain Study, which may be applied as part of the state match that may be required by the Army Corps of Engineers, to correct any problems regarding the flood plain of the Waccamaw River.

(17) (Performance Excellence Program) In order to ensure the goal of the Governor, that Governor's Office and cabinet department employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development are for a performance excellence program. The funds must be used to provide a professional development program to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program shall have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.

(18) (Video Game License Refund) The Department of Revenue shall pay for the refund of any video Game machine license fees from the supplemental appropriations that are provided for that purpose. Unexpended funds revert to the General Fund at the end of the fiscal year ending June 30, 2001. This reversion applies to all funds appropriated in this act for this purpose

(19) (EAA - Intervention - At Risk Districts) Funds appropriated for Intervention - At-Risk Districts shall be designated for the attendance area which was a school district formerly declared impaired that has been incorporated into a consolidated school district.

(20) (Research Incentive Grant Program) Of the funds appropriated for the Research Incentive Grant Program, 10% of the total will be designated for use by the comprehensive teaching universities with the remainder designated for use by the research universities. Any unused funds may be distributed between the comprehensive teaching and the research universities as justified.

(21) (Rural Health Clinics) Of the monies appropriated for Provider Based Rural Health Clinics, funds to the extent available, shall be used to reimburse hospitals who owned or operated rural health clinics between August 20, 1993 and December 31, 1997 at 100% of Medicare reasonable costs as required by federal law for the operation of these rural health clinics as defined by the department, and any remaining funds shall be used for cost report adjustment.

(22) (PACE Medicaid Program) From the funds appropriated herein, an amount not to exceed $142,000 per month shall be used to transition Palmetto SeniorCare from federal research and demonstration status to Medicaid State Plan status. The funds are subject to the availability of matching funds from other federally approved resources for the provision of this service. Palmetto SeniorCare shall maintain an average daily census not to exceed 400 clients during the funding period. These funds are for such transition only and shall not be used for other entities wishing to pursue approval as a Program for All-inclusive Care for the Elderly (PACE) program. The Department shall perform a study to determine the types of diagnoses and impairment levels of the clients served by the program and how the program fits in the Medicaid long-term care continuum. The department shall use, in part, the information from this study and shall develop a rate methodology which will result in a more cost effective rate for PACE and which is reflective of the population served. The department shall report to the House Ways and Means Committee, the Senate Finance Committee and the Governor no later than January 15, 2001. The funds appropriated herein shall be expended on a monthly basis provided Palmetto Health Alliance provides a monthly payment to the department not to exceed $167,000. If Palmetto Health Alliance fails to provide their monthly payment, state funds for Palmetto SeniorCare will be withheld.

(23) (Litter Program) The funds provided for a "Litter Program" in this section shall be expended based upon a plan that is developed in conjunction with the Governor's Task Force on Litter.
Budget and Control Board - Division of Budget and Analyses

(24) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.

(25) Reserved

(26) Reserved

(27) Reserved

(28) Reserved

(29) (SDE: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2000-2001, individual student scores on the 2000 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2000 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance . Students may not be placed on academic probation or retained based solely on the PACT 2000 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code.

(30) (Deferred Compensation) To the extent funds are appropriated, the State shall make contributions to deferred compensation plan accounts on behalf of permanent, full-time State employees who were employed and earned less than $20,000 per year as of July 1, 2000, in an amount and under the terms and conditions prescribed for such contributions by the State Budget and Control Board, without such employees making contributions to the deferred compensation plan.

(31) (BCB/DO: OIR - Wireless Communications Tower) The Budget and Control Board is directed to establish a central clearinghouse to coordinate and manage wireless communications tower and antenna space allocation within South Carolina state government and to support a statewide public safety communication system. The clearinghouse is authorized to: review and approve all leases and contractual agreements regarding space allocation of state owned communications towers and of existing communications antenna placed on state owned buildings; coordinate new communications tower construction or proposed antenna placement on any state owned property and review and approve all leases and contractual agreements regarding new tower construction or antenna placement; enter into sale or lease agreements for communications assets with a private entity in compliance with the state procurement process; and lease state owned property for the construction of communications towers. The clearinghouse must give primary consideration to ensuring that state tower and antenna assets are used in a manner consistent with the original agency construction plans for the site. Secondary consideration must be given to using state tower assets to support public safety communication systems. Tertiary consideration must be given to any other public sector use of these assets at the state, local, or federal level. Only after these priorities have been exhausted shall state assets be leased to a private vendor or used for construction of new sites. All proceeds from the lease of state owned communications towers, antennas, or property must be remitted to a separate fund to be used to create and support a statewide public safety communication system. For purposes of generating these revenues, the Budget and Control Board is authorized to solicit and enter into contracts on behalf of the state with private sector entities to utilize current tower sites and surrounding state owned property as well as to bind the state in licenses for these purposes at any additional state owned sites that may be identified in the future.

(32)(a) The General Assembly finds that it is appropriate to provide certain forms and levels of tax reduction when at the same time it has determined that every reasonable effort has been made and accomplished to fund, to the fullest extent possible, adequate and comprehensive programs in education and health care which are fundamental to progress, growth, and economic development. The General Assembly herein provides for a twenty percent reduction in the rate of sales tax imposed on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, beginning in January 1, 2001. Eighty percent of the revenues from sales taxes raised subsequent to imposition of the special sales tax rates provided by this section must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. It is the further intent of the General Assembly that, provided the funds are authorized for the fiscal year in which the following schedule is eligible to be implement, and notwithstanding the rate of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, one percent for such sales from January 1, 2004, through December 31, 2004, and on and after January 1, 2005, the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons shall be exempt from the tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code.

(b) General fund appropriations for any fiscal year made for the support of the public school system of the State must be greater than or equal to the revenues that would have been derived from the general retail sales tax, if the exemption provided for herein had not been authorized, from the soft drinks tax, the state's portion of the alcoholic liquors tax and cable television fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors. General fund revenues in an amount equal to the revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General to the Educational Improvement Act fund established in Section 59-21-1010 and for appropriations for the support of the public school system which shall include the following: Department of Education; State Board for Technical and Comprehensive Education, Educational Television Commission, Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe School, debt service on capital improvement bonds applicable to the above agencies, debt service on school bonds, and other school purposes provided by law. The revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this section.

PART II
PERMANENT PROVISIONS
SECTION 1

TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION.

(A) Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended by adding:

(1) Department of Education

(a) Transportation - Buses 8,000,000

(b) Gov's School for Math & Science -

New Building 2,000,000

(2) School for the Deaf & Blind

Herbert Center Renovation 1,000,000

(3) Higher Education Institutions

(a) Citadel

Replace Padgett-Thomas Barracks 3,000,000

(b) Clemson

Civil Engineering/Textiles Building 6,000,000

Fike Wellness Center 2,000,000

Science Bldg. Renovation 4,000,000

School of the Arts Addition 3,000,000

(d) Coastal Carolina

Athletic Complex 4,000,000

Atlantic Center - Marine Science Program 200,000

(e) Francis Marion

Schools of Education and Business Bldg 750,000

(f) Lander

HVAC Repair and Upgrades 485,000

Math/Science Building 150,000

Genesis Hall - Renovation 125,000

Student Center Facility 3,000,000

(g) SC State

Lowman Hall Renovation 1,000,000

Deferred Maintenance 2,000,000

(h) USC- Columbia

Gibbes Green - LeConte College

Renovation 3,000,000

School of Law - New Building 5,000,000

(i) USC - Aiken

Convocation Center 6,000,000

(j) USC - Spartanburg

New Library/Technology/Information

Center 5,000,000

(k) USC - Beaufort

New River Facility 1,500,000

(l) USC - Salkehatchie

Campus Renovation 980,000

(m) USC - Sumter

Alice Drive Baptist Church - Acquisition 1,000,000

(n) Winthrop

Waterproofing/Roof Repair -Rutledge

Building 965,000

Window Replacement 1,540,000

Peabody Hall 2,000,000

(o) MUSC

College of Dental Medicine Building 6,300,000

(4) Board for Technical and Comprehensive Education

(a) Equipment and Technology Infrastructure 4,900,000

(b) Aiken Tech - Chilled Water Plant

Replacement 500,000

Existing Facilities 500,000

(d) Chesterfield-Marlboro Tech - Parking Area

Renovation 125,000

(e) Denmark Tech - Renovation to Bldg 400 600,000

(f) Florence/Darlington Tech - New Applied

Manufacturing Center 2,000,000

(g) Greenville Tech - Industrial Complex

Renovation 1,500,000

(h) Horry-Georgetown Tech - Grand Strand

Campus Renov. 1,000,000

(i) Spartanburg Tech - Student Life Bldg. 3,000,000

(j) TEC of the Lowcountry -Bldg 8

Renovation/Code Compliance 1,191,000

(k) Midlands Tech - NE Classroom/Student

Serv. Bldg. 1,000,000

(l) Orangeburg-Calhoun Tech - Learning

Resource Cntr. Renov 500,000

(m) Piedmont Tech - Building Renovation 1,500,000

(n) Tri County Tech - Anderson, Mill,

and Pickens Halls 2,200,000

(o) Trident Tech - Industrial/Economic

Dev. Renovation 3,500,000

(p) Williamsburg Tech - New

Technology Building 1,000,000

(q) York Tech - Classroom Bldg/Chester

County 1,000,000

(5) Dept of Archives and History

(a) Old Exchange & Provost Dungeon 925,000

(b) Mary McLeod Bethune Homeplace

Replica (Mayesville) 225,000

(6) State Library

(a) Bamberg County Library 350,000

(b) McCormick County Library 800,000

(7) State Museum

(a) Observatory/Planetarium/Theater 3,000,000

(b) Calhoun County Museum 1,000,000

(8) Department of Health & Human Services

(a) Gaffney Senior Citizens Repairs (NR) 125,000

(b) Darlington Free Medical Clinic Repairs (NR) 50,000

(d) Piedmont Agency on Aging 100,000

(e) Pee Dee Agency on Aging 1,500,000

(f) Children's Center in Orangeburg 175,000

(g) Bishopville Children's Center 50,000

(9) Department of Health & Environmental Control

The Children's Center 525,000

(10) Department of Mental Health

(a) Columbia Area Mental Health

Center Construction 3,000,000

(b) Greer Mental Health Center 1,250,000

(11) Department of Disabilities & Special Needs

Lee County Disabilities & Special Needs 200,000

(12) Department of Alcohol & Other Drug Abuse

Services

Clarendon County Alcohol & Drug Center 200,000

(13) Department of Commerce

(a) Columbia Convention Center 2,500,000

(b) Historical Greenville Foundation 2,000,000

(d) Downtown Johnston Development 225,000

(e) Mayesville Downtown Revitalization 100,000

(f) Honea Path Water Tank 200,000

(g) Due West Water Project 500,000

(h) Ware Shoals Old Mill Project 500,000

(i) Midlands Film Initiative 1,000,000

(j) Johns Island Equestrian Cntr 500,000

(k) Upstate Work Camp 800,000

(14) Department of Public Safety

(a) Computer System 9,300,000

(b) Lower Richland Substation Sheriff's 100,000

(15) Department of Parks, Recreation & Tourism

(a) Palmetto Trails 100,000

(b) Saluda Resource Center 48,000

(d) Greenwood Conference Center 1,000,000

(e) Fingerville Community Center 100,000

(f) Oconee Tourism Facility 50,000

(g) Sumter County Welcome Center 50,000

(h) Patriot Hall Complex 250,000

(i) Camp Woodie 100,000

(j) Musgrove Mill 125,000

(k) Lake Ashwood Facility 50,000

(l) Cannoneers Program 50,000

(m) Conway Community Development Project 100,000

(n) Hunley Restoration 1,000,000

(o) Heritage Corridor 2,000,000

(p) Old Jail Charleston 250,000

(r) Carver's Bay Resource Center 250,000

(16) Department of Labor, Licensing, Regulation

Chester Co Fire Training Center 125,000

TOTAL $138,439,000.

(B) Section 4 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $~~2,445,465,475.10~~ 2,583,904,475. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

(C) Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section.

(D) No funds for the projects authorized in subsection (A) shall be released until January 1, 2001.

SECTION 2

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, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.

A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Article 17
Teacher and Employee Retention Incentive Program

Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.

(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.

(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.

(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.

(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period.

(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:

(1) a lump-sum distribution, paying appropriate taxes; or

(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.

The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.

(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:

(1) a lump-sum distribution, paying appropriate taxes; or

(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.

In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.

(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:

(1) a lump-sum distribution, paying appropriate taxes; or

(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.

(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."

2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:

"~~Any~~ A member may retire upon written application to the ~~board~~ system setting forth at what time, ~~not~~ no more than ninety days ~~prior~~ before nor more than six months ~~subsequent to~~ after the execution and filing ~~thereof~~ of the application, he the member desires to be retired, if ~~such~~ the member at the time so specified for ~~his~~ the member's service retirement has: shall have attained the age of sixty years or shall have thirty or more years of creditable service and shall have separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such period of notification, he may have separated from service.

(1) five or more years of earned service;

(2) attained the age of sixty years or has twenty-eight or more years of creditable service; and

(3) separated from service."

3. Section 9-1-1515 of the 1976 Code, as amended by Act 100 of 1999, is further amended to read:

"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:

(1) has five or more years of earned service;

(2) ~~who~~ has attained the age of fifty-five years; ~~and who~~

(3) has at least twenty-five years of creditable service; and

(4) has separated from service ~~may elect early retirement~~. A member electing early retirement shall apply in the manner provided in Section 9-1-1510.

(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than ~~thirty~~ twenty-eight. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment.

(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have ~~thirty~~ twenty-eight years' creditable service had he not retired, whichever is earlier.

(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:

(a) the date the member attains age sixty, or

(b) the date the member would have ~~thirty~~ twenty-eight years' creditable service had he not retired.

(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."

4. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:

(1) An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and

(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and

(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.

Upon retirement from service ~~on or~~ after ~~July 1, 1989~~ December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed ~~thirty~~ twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.

If the member's service retirement date occurs before his sixty-fifth birthday and before he completes ~~thirty~~ twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.

Notwithstanding the foregoing provisions, any Class One member who retires on or ~~subsequent to~~ after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.

(B) Upon retirement from service ~~on or~~ after ~~July 1, 1989~~ December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:

(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed ~~thirty~~ twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.

(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the ~~thirty~~ twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.

(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section.

~~(C)~~ Any teacher or employee as defined in Section 9-1-10(3) and (4) who was a nonmember of the South Carolina Retirement System and who had attained age seventy-two prior to July 1, 1964, and who at the time of separation from service had rendered twenty or more years of employment which would otherwise have been considered creditable service under the terms of the South Carolina Retirement Act may establish such service and qualify for a retirement allowance from the Retirement System provided he does so on or before December 31, 1965.

~~(1)~~ The employee and employer contributions which would have been made had such service been rendered as a member shall be paid at the then prevailing rates paid by other employees and employers of the South Carolina Retirement System.

~~(2)~~ ~~The retirement allowance provided by this section shall become effective as of the first day of the month in which such service is established.~~"

5. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:

"Upon the death of a retired member ~~on or after July 1, 1985~~ after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a ~~death~~ life insurance benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than ~~thirty~~ twenty-eight, and three thousand dollars if the retired member had at least ~~thirty~~ twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."

6. Section 9-1-1810 of the 1976 Code is amended to read:

"Section 9-1-1810. As of the end of each calendar year ~~commencing with the year ending December 31, 1969~~, the increase in the ratio of the Consumer Price Index to the index as of ~~December 31, 1968, or~~ the ~~most recent~~ prior December thirty-first ~~subsequent thereto as of which an increase in retirement allowances was granted,~~ must be determined, and if the increase equals or exceeds ~~three~~ four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance ~~as of December 31, 1968, or the most recent December thirty-first subsequent thereto as of which an increase was granted,~~ must be increased by four percent. If the increase in the index is less than ~~three~~ four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances ~~shall commence~~ commences the July first immediately following the December thirty-first that the increase in ratio was determined~~. Beginning with the calendar year ending December 31, 1981~~, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances ~~after the first five increases shall become~~ is effective only if the additional liabilities ~~on account~~ because of the increase in allowances do not require an increase in the total employer rate of contribution. Any increase in allowance granted ~~hereunder~~ pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.

The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.

For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."

7. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:

"Section 9-1-1850. ~~(A)(1)~~ A member who has at least twenty-five years of creditable service in any retirement system provided in this title may elect to receive up to five years of additional service credit as though the additional service credit were rendered by the member as an employee or member by paying into the member's retirement system the amount provided in this item. The required amount is determined by multiplying the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater, by the percentage provided in this item and multiplying the result by the number of years credited, prorated for periods less than one year. The applicable percentage of salary to calculate the payment allowed pursuant to this subsection is as follows:

~~Years to be Credited~~ ~~Percentage of Salary~~

~~(a) not more than one year~~ ~~58 percent~~

~~(b) over one year but not more~~

~~than two years~~ ~~54 percent for each year~~

~~(c) over two years but not more~~

~~than three years~~ ~~50 percent for each year~~

~~(d) over three years, but not more~~

~~than four years~~ ~~46 percent for each year~~

~~(e) over four years~~ ~~42 percent for each year~~

~~(2)~~ The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance.

~~(3)~~ ~~Any service credit purchased under this subsection qualifies the member for retirement and the member must retire within ninety days after the purchase.~~

~~(B)~~ ~~As an alternative to the option provided in subsection (A) the~~ A member~~, if he~~ who has at least twenty-five years of creditable service, may elect to receive up to ~~five~~ three years of additional service credit as though the additional service credit were rendered by ~~him~~ the member as an employee or member upon paying into ~~his~~ the member's retirement system, during the ensuing number of years he the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that he the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, he the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must ~~retire~~ terminate employment within ninety days ~~subsequent to~~ after electing the option provided by ~~subsection (B)~~ this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.

The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed ~~thirty~~ twenty-eight years of service.

The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."

8. Section 9-11-310 of the 1976 Code is amended to read:

"Section 9-11-310. As of the end of each calendar year ~~commencing with the year ending December 31, 1974~~, the increase in the ratio of the Consumer Price Index to ~~such~~ the index as of ~~December 31, 1973, or~~ the ~~most recent~~ prior December thirty-first ~~subsequent thereto as of which an increase in retirement allowances was granted,~~ must be determined, and if the increase equals or exceeds ~~three~~ four percent, the retirement allowance~~, exclusive of any part thereof derived from accumulated additional contributions,~~ of each beneficiary ~~in receipt of an allowance as of December 31, 1973, or the most recent December thirty-first subsequent thereto as of which an increase was granted,~~ must be increased by four percent. If the increase in the index is less than ~~three~~ four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances ~~must commence~~ commences the July first immediately following the December thirty-first that the increase in ratio was determined.

~~Beginning with the calendar year ending December 31, 1981, all~~ All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances ~~after the first five such increases shall become~~ is effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution. Any increase in allowance granted ~~hereunder~~ pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.

The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, ~~must,~~ when and if payable, must be increased by the same percent.

For purposes of this section, 'Consumer Price Index' means the Consumer Price Index ~~(all items-United States city average),~~ for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."

9. Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001.

B. 1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."

2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:

"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."

3. Section 9-8-80 of the 1976 Code is amended to read:

"Section 9-8-80. All retirement allowances ~~shall be~~ are payable in monthly installments ~~ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply~~. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."

4. Section 9-9-80 of the 1976 Code is amended to read:

"Section 9-9-80. All retirement allowances ~~shall be~~ are payable in monthly installments ~~ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply~~. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."

5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:

"Upon the death of a retired member on or after July 1, ~~1985~~ 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a ~~death~~ life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, ~~three~~ four thousand dollars if the retired member had twenty years of creditable service but less than ~~thirty~~ twenty-five, and ~~four~~ six thousand dollars if the retired member had at least ~~thirty~~ twenty-five years of creditable service at the time of retirement, ~~provided~~ if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."

6. Section 9-11-160 of the 1976 Code is amended to read:

"Section 9-11-160. All retirement allowances ~~shall be~~ are payable in monthly installments ~~ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply~~. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."

7. Notwithstanding the general effective date of this act, this subsection takes effect July 1, 2000.

C. All local school district classroom teachers must provide to their employer notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement.

SECTION 3

TO AMEND SECTION 59-149-10 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR, THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001.

Section 59-149-10 of the 1976 Code, as added by Act 418 of 1998, is amended by adding a new subsection (D) to read:

"(D) Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks."

SECTION 4

TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-470, SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE-APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS.

Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-470. Funds appropriated by the General Assembly for a deferred compensation employer matching contribution must be distributed by the State Department of Education to school districts for the purpose of providing an employer matching contribution for eligible school district employees making contributions to deferred compensation plans offered by the South Carolina Deferred Compensation Commission or other approved and qualified plans of other providers. These funds must be distributed in a manner consistent with the provisions of Section 8-23-110. The employer matching contribution by the school district may not exceed three hundred dollars for each eligible employee a year. Individuals eligible for the matching contribution must be classified as required in Section 9-20-20, the Optional Retirement Program for Teachers and School Administrators."

SECTION 5

TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, AS AMENDED, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM.

A. Chapter 122, Title 44 of the 1976 Code, as added by Act 419 of 1998, is further amended to read:

"Section 44-122-10. As used in this chapter:

(1) 'Adolescent' means an individual nineteen years of age and under.

(2) 'Contractor' means a public or private agency or organization receiving money from the fund.

(3) 'County government' means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.

(4) 'Department' means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, 'department' means the State Director of the South Carolina Department of Social Services (DSS).

(5) 'Initiative' means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.

(6) 'Short term outcomes' means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.

(7) 'Long term outcome' means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.

(8) 'Primary pregnancy prevention' means prevention of first pregnancy.

(9) 'Fund' means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.

(10) 'Local interagency council' means an organized group of representatives of public and private agencies in the county with functions related to youth development.

Section 44-122-20. (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.

(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.

Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60. The remaining money must be distributed by the department to each county government in the following manner:

(1) fifteen percent of the money appropriated must be allocated evenly among all counties;

(2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;

(3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;

(4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies.

A county government may retain up to five percent of the money it receives to cover the actual costs of administering the fund. All other funds must be allocated for initiatives mainly focused on primary pregnancy prevention. ~~Money must be allocated by the county within two years of receipt.~~

(B) Money appropriated to the fund must not be used for:

(1) purchase of inpatient care;

(2) purchase or improvement of land;

(3) purchase, construction, or permanent improvement of any building or other facility;

(4) purchase of any item of major equipment costing over two thousand dollars;

(5) transportation to or from abortion services;

(6) abortions; or

(7) provision of goods or services ~~anything of monetary value~~ to a participant in a local project or initiative that exceeds fifty dollar per participant per year; counseling and guidance ~~may be provided~~ as well as any service of nonmonetary value are exempt from the fifty dollar limit.

(C) If the governing body of a county chooses not to assume the responsibilities and duties assigned to county governments by this chapter:

(1) the governing body may designate an agency or organization to assume those responsibilities and duties; or

(2) in the absence of designation by the governing body, the department may designate another agency or organization within the county to assume those responsibilities and duties.

(D) If a county government uses money it receives pursuant to subsection (A) in a manner not expressly authorized by this chapter, the department may designate another agency or organization within the county to assume those responsibilities and duties, or reallocate that county's funds among compliant counties in accordance with the formula prescribed in subsection (A).

(E) If a county fails to fund an initiative during any fiscal year, the funds allocated to that county shall be reallocated in the following year, in accordance with the formula prescribed in subsection (A).

(F) Funds allocated subsequent to the 1998 appropriation will be subject to the following conditions: (1) New initiatives and initiatives receiving continuation of funds beyond the third year must incorporate either a nationally recognized best practices model for teen pregnancy prevention, or a model that has demonstrated a record of local success in reducing adolescent pregnancy or the risk factors that contribute to adolescent pregnancy in South Carolina during the previous funding period as reflected in the evaluation or the summary progress reports.

(G) The department, on recommendation of the evaluator, will determine if the conditions described above are met before the department disseminates new funds or continuation of funds beyond the third year, in accordance with Section 44-122-30(A).

(H) Funding for an initiative shall be terminated if the evaluator notifies the department and the county government that an initiative substantially deviates from the approved project design, including timelines.

Section 44-122-40. (A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All applications must meet the following minimum standards for consideration:

(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.

(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.

(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.

(B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon:

(1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and

(2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.

Section 44-122-50. (A) The Department of Social Services shall:

(1) disburse the funds pursuant to Section 44-122-60, upon receiving notification from the county government that a contractor has been selected and determining that the contract and the process by which it was awarded are in compliance with federal requirements ~~monitor the statewide administration of the fund~~;

(2) evaluate the success of the initiatives funded under this chapter, as required by Section 44-122-60;

(3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and

(4) provide to each county government specific criteria required by this chapter.

(B) County governments shall:

(1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A). To access funds, the county government shall submit to the department the identity of the contractor, the amount of the contract, and a copy of the proposal;

(2) choose from among the applicants ~~that meet the minimum standards~~ recommended by the inter-agency council for the county or select an appropriate applicant if no inter-agency council exists. Nothing in this act requires the establishment of an inter-agency council;

(3) develop ~~additional~~ criteria in addition to those stated herein or established by the department, as necessary, to meet specific local needs; and

(4) monitor contractors' progress in meeting stated goals, objectives, and timeliness.

(C) Local interagency councils shall review applications for an allocation of funds and recommend to the county government those applications that meet the standards and criteria as stated herein or established by the department or the county government. If no local interagency council exists in a county, the county government shall determine whether applications meet the standards and criteria.

(CD) Contractors shall:

(1) comply with reporting, contracting, and evaluation requirements of the county government and the department;

(2) define and maintain cooperative ties with other community institutions;

(3) coordinate and collaborate with other community entities, including county Teen Companion Programs, that have an interest in positive youth development and adolescent risk behavior reduction;

(4) obtain approval from the county government and the department insofar as compliance with federal regulations is concerned before making changes in program goals, objectives, and target populations; and

(5) before the beginning of each fiscal year, submit to the county government for approval a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county government.

(6) submit bi-annual summary program progress reports to the county government and the local interagency council, with copies to the department and the evaluator, beginning January 1, 2001, describing the status of the project and developments during the preceding six months.

(DE) The Department of Health and Environmental Control shall:

(1) provide technical assistance and training to county governments and contractors, as needed, related to adolescent pregnancy prevention issues; and

(2) if a community health assessment has been conducted in a county, share information with county governments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.

Section 44-122-60. An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors."

SECTION 6

TO AMEND SECTION 20-7-670, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION.

A. Section 20-7-670 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:

"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.

(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.

(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports ~~and take remedial action, if necessary~~.

(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.

(F) ~~Notwithstanding the provisions of subsection (A) or any other provision of this article, the~~ The Department of Social Services ~~may not~~ must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a ~~public or private health facility, institution, or agency~~ residential treatment facility or Intermediate Care Facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. ~~These allegations of abuse and neglect must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.~~

(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.

(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.

(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual ~~immediately~~ must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ~~consequences to~~ ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set ~~out~~ forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."

B. Section 1A of Joint Resolution 157 of 1997, as amended by Act 104 of 1999, is further amended to read:

"(A) The Department of Social Services is authorized to establish in ~~one region or~~ up to ~~six~~ twelve counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for three years after it is commenced and until the conclusion of the next legislative session thereafter. Counties which are added to the pilot project more than one year after the commencement of the pilot project need not be included in the evaluation of the project. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot."

SECTION 7

TO AMEND 9-9-60 OF THE 1976 CODE BY ADDING A PROVISION TO PERMIT A MEMBER OF THE GENERAL ASSEMBLY TO RETIRE AND CONTINUE SERVING IN THE GENERAL ASSEMBLY WITHOUT COMPENSATION.

(A) Section 9-9-60 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end:

"(3) A member who has attained the age of seventy and one-half years and has forty years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system.

The member must retire at the beginning of an annual session of the General Assembly and his election to receive his retirement allowance under this system is in lieu of receiving his constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions."

(B) This section takes effect January 1, 2001.

PART IV
Effective Date

Except where otherwise stated, this act takes effect July 1, 2000./

Amend title to conform.

/s/John C. Land, III              /s/Robert W. Harrell, Jr.
/s/Nikki G. Setzler               /s/Richard M. Quinn, Jr.
/s/Thomas L. Moore                /s/Mark S. Kelley
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Statement by Senator SALEEBY

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on H. 3649.

Statement by Senator HOLLAND

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on H. 3649.

Statement by Senator DRUMMOND

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on H. 3649.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3649 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

H. 4775--REPORT OF THE COMMITTEE OF CONFERENCE ADOPTED
ENROLLED FOR RATIFICATION

H. 4775 - Ways and Means Committee: (GENERAL APPROPRIATION BILL)

On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LAND explained the Report of the Committee of Conference.

On motion of Senator LAND, the Report of the Committee of Conference to H. 4775 was adopted and incorporated by reference in the following document (P:\amend\BBM\9699HTC00).

, and a message was sent to the House accordingly.

Statement by Senators PASSAILAIGUE, McCONNELL
GROOMS, BRYAN, HUTTO, O'DELL, REESE
SHORT and MESCHER

We wish the record to reflect that we have grave concern that the refusal of the House of Representatives to accept and include the Senate's provision permanently establishing the $50,000 Homestead Exemption (Part II, Section 95, H. 4775, As Passed by the Senate) will have the effect of authorizing this exemption for one year only. The House's reliance on the language contained in House Bill 3699 (Rat. No. 310), [changed by the language lost to the Governor's veto] authorizes an increase in the Homestead Exemption and funding for a $50,000 Homestead Exemption for tax year 2000 only.

In an effort to allay the fears of the House that the Senate's provision would effectively double the Homestead Exemption to $100,000, the Senate offered a revised Section 95 which would have repealed the conflicting provisions in H. 3699 thereby not only eliminating the possibility of a doubling of the exemption but also making permanent the change to the Code establishing the $50,000 exemption. The effect of this repeal would have also made moot any question as to the appropriateness of the Governor's veto.

Statement by Senator FAIR

I voted "no" on H. 4775 and H. 4776 for several reasons. (1) This year's revenues produced a billion-dollar surplus for state government. This budget included a Bond Bill, which amounted to $124,000,000. Borrowing millions to fund local projects through state government will always be a questionable practice. It is even more irresponsible when the State has a large surplus. (2) The tax cuts in this Bill are marginal at best. By definition a surplus means more than is needed. More of the surplus should have been returned. (3) The State through DHEC continues to undermine parental authority. This budget funds DHEC's family planning program which gives birth control medications and devices to minors without a parent's knowledge or consent. Some sectors within state government are unrelenting in attempts to supplant the family with government. That is not acceptable.

Statement by Senator THOMAS

Although the budget was excellent in many ways, I voted against the budget because it contains provisions that paid for abortions and distribution of contraceptives.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4775 - The General Appropriation Bill
Very respectfully,
Speaker of the House

Received as information.

H. 4775--ENROLLED FOR RATIFICATION

H. 4775

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Motion to Ratify Adopted

At 4:07 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:30 P.M.

There was no objection and a message was sent to the House accordingly.

H. 4776--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF FREE CONFERENCE ADOPTED
ENROLLED FOR RATIFICATION

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

On motion of Senator LAND, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, MOORE and SETZLER to the Committee of Free Conference
on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator LAND, the Report of the Committee of Free Conference to H. 4776 was adopted as follows:
(Doc. No. P:\AMEND\DKA\3976MM00)

H. 4776--Free Conference Report
H. 4776
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1999-00 the following amounts:

(1) State Department of Education

SC First Steps to School Readiness $10,000,000

Instructional Materials 4,972,335

School Facilities Maintenance 5,000,000

K-12 Technology Initiative 1,354,000

(1.1)(School Building Aid Allocation) Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts of State for use in accordance with Section 59-21-350 of the 1976 Code. Funds shall be allocated to eligible school districts on a per pupil basis. The allocation must be based on the 135-day count of average daily membership for the second preceding fiscal year.

(1.2) (School Building Aid Funds Expenditure) Funds appropriated in this item or in a previous appropriation act for school building aid may be expended by the school district without approval from the State Board of Education. The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable state laws associated with the use of the these funds.

(2) Educational Television Commission

Charleston Regional Station 250,000

Plastics Learning Network -

Continuing Education 37,500

(3) Wil Lou Gray Opportunity School

Accounting Software Upgrade 35,000

Facility Master Lock System 90,000

Automobile for the Youth Challenge Academy 23,000

(4) Higher Education Institutions

Performance Funding - Current 35,361,337

Performance Funding - Increase 22,000,000

University of South Carolina System - Columbia

Materials Research Science and

Engineering Center (Nano Technology) 1,000,000

(5) Board for Technical and Comprehensive Education

Equipment and Technology Infrastructure 2,100,000

(6) State Museum

Lee County Cotton Museum 100,000

Cayce Historical Museum 25,000

(7) Department of Health and Environmental Control

Beach Restoration 2,000,000

EMS Equipment 1,000,000

(7.1) (Beach Restoration Fund) Of the funds appropriated

for beach restoration, $1,000,000 must be used

to reimburse Horry County for beach renourishment

expenses incurred during Fiscal Year 1999-2000.

(8) Department of Natural Resources

Savannah River Basin Study 250,000

(9) Department of Commerce

South Carolina Biotechnology Center 360,000

YMCA Youth in Government 25,000

International Trade 375,000

(10) Department of Transportation

Greenville Transit Authority 200,000

(11) Secretary of State

Information Technology 250,000

(12) Comptroller General

Accounting System 1,000,000

(13) Adjutant General

Armory Operations/Maintenance 250,000

(14) Budget and Control Board

Division of Operations

Governor's Mansion Renovation 1,905,128

Division of Regional Development

Local Government Grant Fund 6,575,731

Sustainable Universities Initiative 300,000

Lynchburg 75,000

TOTAL $96,914,031.

SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2000-2001. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.

SECTION 3. This joint resolution takes effect thirty days after the completion of the 1999-00 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /

Amend title to conform.

/s/John C. Land, III              /s/Robert W. Harrell, Jr.
/s/Nikki G. Setzler               /s/Mark S. Kelley
/s/Thomas L. Moore                /s/Richard M. Quinn, Jr.
On Part of the Senate.            On Part of the House.

Senator MOORE spoke on the Report.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 4776 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 4776--ENROLLED FOR RATIFICATION

H. 4776 (Word version)

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

S. 250--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the Report.

S. 250--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, GLOVER and MARTIN to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator MOORE, the Report of the Committee of Free Conference to S. 250 was adopted as follows:

S.250--Free Conference Report
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/2/99--H.)

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

/ SECTION 1. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:

"(A) Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than ~~December thirty-first of that~~ January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 2. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:

"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than ~~December thirty-first of that~~ January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 3. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:

"(A) Each state agency or department shall, no later than April ~~first~~ tenth and October ~~first~~ tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 4. Section 2-17-90(A) of the 1976 Code is further amended by adding:

"(7) as to cabinet officers, a function to which all cabinet officers are invited."

SECTION 5. Section 2-17-90(B) of the 1976 Code is amended to read:

"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."

SECTION 6. A. Section 8-13-100(12) of the 1976 Code is amended to read:

"(12) 'Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State~~; or~~

~~(d)~~ ~~a ballot measure~~."

B. The amendments to Section 8-13-100(12) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-100(12) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 7. A. Section 8-13-320(9)(b) of the 1976 Code is amended to read:

"(b) No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party."

B. The amendments to Section 8-13-320(9)(b) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-320(9)(b) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 8. Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission."

SECTION 9. Section 8-13-530(1) of the 1976 Code is amended to read:

"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus of, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;"

SECTION 10. A. Section 8-13-530(2) of the 1976 Code is amended to read:

"(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party;"

B. The amendments to Section 8-13-530(2) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-530(2) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 11. A. Section 8-13-1300(6) of the 1976 Code is amended to read:

"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office ~~or a ballot measure~~, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means ~~an individual~~ a person who, to influence the outcome of an elective office ~~or a ballot measure~~, makes:

(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or

(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.

'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."

B. The amendments to Section 8-13-1300(6) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(6) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 12. A. Section 8-13-1300(9) of the 1976 Code is amended to read:

"(9) 'Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State~~; or~~

~~(d)~~ ~~a ballot measure~~."

B. The amendments to Section 8-13-1300(9) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(9) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 13. A. Section 8-13-1300(17) of the 1976 Code is amended to read:

"(17) 'Independent expenditure' means:

(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and

(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:

(i) made to;

(i) controlled by;

(iii) coordinated with;

(iv) requested by; or

(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.

Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."

B. The amendments to Section 8-13-1300(17) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(17) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 14. A. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:

"( ) 'Ballot measure committee' means:

(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of one thousand dollars in the aggregate during an election cycle;

(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or

(c) a person, other than an individual, who makes independent expenditures aggregating one thousand dollars or more during an election cycle.

( ) 'Influence the outcome of an elective office' means:

(a) expressly advocating the election or defeat of a clearly identifiable candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or

(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identifiable candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or

(c) any communication about a public issue made, not more than 45 days before an election, that references a clearly identifiable candidate, that but for such reference, the communication as a whole would not convey a clear, unambiguous message concerning the public issue, and that is reasonably suggestive of primarily advocating the election or defeat of a clearly identifiable candidate."

B. The amendments to Section 8-13-1300 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 15. A. Section 8-13-1302 of the 1976 Code is amended to read:

"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee ~~shall~~ must maintain and preserve an account of:

(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;

(2) the name and address of each person making a contribution and the date of receipt of each contribution;

(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;

(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and

(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.

(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."

B. The amendments to Section 8-13-1302 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1302 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 16. A. Section 8-13-1304 of the 1976 Code is amended to read:

"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office ~~or ballot measure~~ must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office ~~or a ballot measure~~ must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.

(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."

B. The amendments to Section 8-13-1304 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1304 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 17. A. Section 8-13-1306 of the 1976 Code is amended to read:

"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:

(1) the full name of the committee or ballot measure committee;

(2) the complete address and telephone number of the committee or ballot measure committee;

(3) the date the committee or ballot measure committee was organized;

(4) a summary of the purpose of the committee or ballot measure committee;

(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;

(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;

(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;

(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and

(9) a certification of the statement by the chairman and the treasurer.

(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.

(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."

B. The amendments to Section 8-13-1306 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1306 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 18. A. Section 8-13-1308(A) of the 1976 Code is amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate ~~or a committee~~ that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election."

B. The amendments to Section 8-13-1308(A) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308(A) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 19. A. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:

"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate $2,500 or more. For purposes of this section, "anything of value" includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."

B. The amendments to Section 8-13-1308 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 20. A. The 1976 Code is amended by adding:

"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, one thousand dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.

(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).

(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.

(E) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the ballot measure committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the ballot measure committee; and

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

B. The amendments to Section 8-13-1309 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1309 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 21. Section 8-13-1310 of the 1976 Code is amended to read:

"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.

(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.

(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the ~~State Election Commission and the~~ clerk of court in the county of residence of the person required to file.

(D) As provided in Section 8-13-1372, the State ~~Election~~ Ethics Commission must review all statements ~~forwarded to it by the State Ethics Commission~~ for inadvertent and unintentional errors or omissions."

SECTION 22. Section 8-13-1316 of the 1976 Code is amended to read:

"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:

(1) fifty thousand dollars in the case of a candidate for statewide office;

(2) five thousand dollars in the case of a candidate for any other office.

(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:

(1) the operation of telephone banks;

(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or

(3) voter registration and ballot information.

(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days must remit the contribution to the Children's Trust Fund."

SECTION 23. A. Section 8-13-1324 of the 1976 Code is amended to read:

"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.

(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."

B. The amendments to Section 8-13-1324 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1324 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 24. A. Section 8-13-1332 of the 1976 Code is amended to read:

"Section 8-13-1332. It is unlawful for:

(1) a committee or ballot measure committee to make a contribution or expenditure by using:

(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or

(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or

(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;

(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.

~~(4)~~ ~~an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families.~~"

B. The amendments to Section 8-13-1332 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1332 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 25. A. The 1976 Code is amended by adding:

"Section 8-13-1333. (1) Not for profit corporations and committees formed by not for profit corporations may solicit contributions from the general public;

(2) An organization or a committee of an organization may solicit contributions from the general public."

B. The amendments to Section 8-13-1333 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1333 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 26. A. Section 8-13-1354 of the 1976 Code is amended to read:

"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate~~, or a ballot measure~~ must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."

B. The amendments to Section 8-13-1354 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1354 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 27. Section 8-13-1366 of the 1976 Code is amended to read:

"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, ~~the State Election Commission,~~ the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost."

SECTION 28. A. Section 8-13-1368 of the 1976 Code is amended to read:

"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.

(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.

(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.

(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."

B. The amendments to Section 8-13-1368 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1368 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 29. A. Section 8-13-1370(C) of the 1976 Code is amended to read:

"(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:

(1) contributed to the state's general fund;

(2) returned pro rata to all contributors;

(3) (a) contributed to a political party or to another committee;

(b) or if a ballot measure committee, to another ballot measure committee;

(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code ~~of 1986~~; or

(5) distributed using a combination of these options."

B. The amendments to Section 8-13-1370(C) of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1370(C) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 30. Section 8-13-1372 of the 1976 Code is amended to read:

"Section 8-13-1372. (A) The State ~~Election~~ Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State ~~Election~~ Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.

(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."

SECTION 31. A. Section 8-13-1510 of the 1976 Code is amended to read:

"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:

(1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;

(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed~~, not exceeding five hundred dollars~~."
B. The amendments to Section 8-13-1510 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1510 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 32. A. Section 8-13-1520 of the 1976 Code is amended to read:

"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. ~~A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.~~

(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.

(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."

B. The amendments to Section 8-13-1520 of the 1976 Code as contained in this section take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1520 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this section.

SECTION 33. (A) An Advisory Campaign Reform Study Commission is hereby created and is charged with the drafting of a report, including proposals for statutory enactment, amendment, or repeal:

(1) which, if adopted, would place the State on the cutting edge of electoral process reform. The commission is encouraged to consider and propose recommendations that might test constitutional limits on a State's regulation of direct and indirect advocacy for or against any candidate or ballot measure;

(2) which, if adopted, would reestablish the public's confidence that each vote matters and is not made inconsequential by the infusion of campaign spending not subject to reasonable limits, restrictions, and reporting requirements;

(3) which, if adopted, would, to the furthest extent constitutionally possible, prohibit, restrict, limit, or require the reporting of soft money expenditures, independent expenditures, or other expenditures, which when viewed by a "reasonable person" and in the totality of the circumstances, are little more than attempts to evade the current system of campaign practices regulation;

(4) which, if adopted, would maintain the ability of any reviewing court to preserve portions of the act deemed constitutional while invalidating other provisions as unconstitutional;

(5) which, if adopted, would not establish any advantage for any political party or candidate unless this advantage is coincident with the best method available to protect the public's interest in its electoral process;

(6) which, if adopted, should be a commitment to an informed, empowered electorate;

(7) which, if adopted, would ensure that "soft money," special interests, and campaign spending do not continue to erode the foundation of our election system;

(8) which, if adopted, would neither allow the electoral process to be corrupted by the unlimited and unregulated expenditure of funds to influence elections or ballot measures by donors cloaked with anonymity, yet closely affiliated with the election or defeat of a candidate or the approval or disapproval of a ballot measure, nor allow such expenditures to flood the airwaves, billboards, and newspapers with de facto direct candidate or ballot measure advocacy erodes the rule of law and has elevated evasion of campaign finance laws to a high art;

(9) which, if adopted, would keep elected campaigns for statewide and state legislative offices from becoming too expensive so that South Carolinians are financially unable to seek election to public office and candidates for statewide offices are not required to spend inordinate amounts of time raising campaign funds;

(10) which, if adopted, would allow for the identification of persons who publish political advertisements so as to assist in enforcement of the contribution and expenditure limitations established by this act;

(11) which, if adopted would require any officer, director, or employee of an entity which ranks or rates the actions, vote, or failure to act or vote of any public office or public member to file statements of economic interest, as defined by Chapter 13 of Title 8 of the South Carolina Code of Laws, 1976. These requirements should not apply to any officer, director, or employee of any entity whose primary business is the publication of a newspaper or other periodical or the production of any electronic media programming.

(B) The commission is specifically charged with the duty to propose:

(1) recommendations that would, to the furthest extent perceived to be constitutionally permissible, prohibit, restrict, limit, or require the reporting of soft money and independent expenditures from any source to any candidate or in support or opposition to any ballot measure when the source of the money would appear to be affiliated with any candidate or ballot measure;

(2) recommendations that would, to the furthest extent perceived to be constitutionally permissible, restrict the flow of campaign expenditures to those made directly by the candidate or ballot measure committee;

(3) recommendations that would increase limits for contributions made directly to a candidate or ballot measure committee commensurate with the commission's restriction of expenditures to be made only by these committees;

(4) recommendations that would establish effective enforceable penalties for violations of the commission's proposals; and

(5) recommendations that would require the Ethics Commission to post campaign finance reports on the Internet.

(1) the Chairman of the House Judiciary Committee, or his designee, who must be a member of the House Judiciary Committee;

(2) the Chairman of the Senate Judiciary Committee, or his designee, who must be a member of the Senate Judiciary Committee;

(3) four members of the general public to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(4) a member of an organization, with a statewide perspective, committed to the development of business manufacturing and industrial development to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(5) a member of an organization of women having a primary purpose of improving the state's election process on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(6) a member of an organization having the primary purposes of improving the state's election process and increasing voter turnout on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(7) a member or retired member of the judiciary to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(8) a current or former member of the faculty of the University of South Carolina School of Law who specializes in constitutional law to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(9) a member of the Ethics Commission to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;

(10) two former members of the General Assembly, to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; and

(11) a member of a public advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees.

(D) No member of the commission shall be a registered lobbyist or have been a registered lobbyist within the past year.

(E) The commission must submit its report to the General Assembly no later than March 15, 2001 at which time the commission is dissolved.

(F) The commission must be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff.

(G) The commission shall employ a reporter to the commission.

(H) The chairperson shall be jointly appointed by the Chairmen of the House and Senate Judiciary committees and shall be chosen from the members of the commission.

SECTION 34. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 35. Except as otherwise stated herein, this act takes effect upon approval by the Governor. /

Amend title to conform.

/s/Sen. Thomas L. Moore           /s/Rep. Gary J. Simrill
/s/Sen. Maggie Wallace Glover     /s/Rep. William Douglas Smith
/s/Sen. Larry A. Martin           /s/Rep. Ronald Nathan Fleming
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 250 (Word version)
Very respectfully,
Speaker of the House

Received as information.

S. 250--ENROLLED FOR RATIFICATION

S. 250 (Word version)

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

FURTHER INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1441 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF FIRE CHIEF JAMES TERRELL SMITH, JR. OF HORRY AND GEORGETOWN COUNTIES AND EXTENDING DEEPEST SYMPATHY TO HIS WIFE, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1442 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 22, 2000, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON FRIDAY, JUNE 23, 2000, IN STATEWIDE SESSION AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 23, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is changed and extended, as authorized by law, to permit the General Assembly to continue in session Thursday, June 22, 2000, after 5:00 p.m., under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 22, 2000, each house shall stand adjourned to meet, if necessary, in statewide session on Friday, June 23, 2000, at 10:00 a.m. and to continue in statewide session, if necessary, until 5:00 p.m. on Friday, June 23, 2000, for the following matters and subject to the following conditions, as applicable:

(A) ratification of acts; and

(B) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments.

(2) When each house adjourns, not later than 5:00 p.m. on Friday, June 23, 2000, the General Assembly shall stand adjourned Sine Die.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1443 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, THE GENERAL ASSEMBLY IS AUTHORIZED TO CONTINUE IN SESSION AFTER 5:00 P.M. ON THURSDAY, JUNE 22, 2000; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

(A) ratification of acts.

(2) When each house adjourns on Thursday, June 22, 2000, the General Assembly shall stand adjourned Sine Die.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1444 (Word version) -- Senator MOORE: A SENATE RESOLUTION CONGRATULATING MR. AND MRS. DALE F. MOSELEY OF EDGEFIELD COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND EXTENDING TO THEM BEST WISHES OF THE SENATE FOR MANY MORE YEARS TOGETHER.

The Senate Resolution was adopted.

HOUSE CONCURRENCE

S. 1443 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, THE GENERAL ASSEMBLY IS AUTHORIZED TO CONTINUE IN SESSION AFTER 5:00 P.M. ON THURSDAY, JUNE 22, 2000; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Returned with concurrence.

Received as information.

RETURNED FROM THE HOUSE WITH AMENDMENTS
HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.

The House returned the Bill with amendments.

Senator DRUMMOND proposed the following amendment (NBD\12226AC00), which was adopted:

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

/ SECTION ___. A. Section 59-4-20 of the 1976 Code, as added by Act 155 of 1997, is amended to read:

"Section 59-4-20. As used in this chapter:

~~(1)~~ ~~"Program" means the South Carolina Tuition Prepayment Program.~~

~~(2)~~ ~~"Fund" means the South Carolina Tuition Prepayment Program Fund.~~

~~(3)~~ ~~"Board" means the State Budget and Control Board.~~

~~(4)~~ ~~"Director" means the head of the South Carolina Tuition Prepayment Program.~~

~~(5)~~ ~~"Contributor" means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract.~~

~~(6)~~ "The Tuition Prepayment Contract" means the contract entered into by the Director of the South Carolina Tuition Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a public educational institution of higher learning in the State or another educational institution of higher learning as may be provided in this chapter to which the designated beneficiary is admitted.

~~(7)~~ ~~"College or university" means a state-chartered public educational institution of higher learning located in this State.~~

~~(8)~~ "Independent institution of higher education" means an independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools.

~~(9)~~ ~~"Tuition" means the credit-hour charges imposed by a public higher education institution in this State and all mandatory fees required as a condition of enrollment of all students.~~

~~(10)~~ "Designated beneficiary" means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary.

(1) 'College or university' means a state-chartered public educational institution of higher learning located in this State.

(2) 'Contributor' means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract.

(3) 'Director' means the head of the South Carolina Tuition Prepayment Program.

(4) 'Designated beneficiary' means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary.

(5) 'Fund' means the South Carolina Tuition Prepayment Program Fund.

(6) 'Independent institution of higher education' means an independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools.

(7) 'Program' means the South Carolina Tuition Prepayment Program.

(8) 'The Tuition Prepayment Contract' means the contract entered into by the Director of the South Carolina Tuition Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a public educational institution of higher learning in the State or another educational institution of higher learning as may be provided in this chapter to which the designated beneficiary is admitted.

(9) 'Treasurer' means the South Carolina State Treasurer.

(10) 'Tuition' means the credit-hour charges imposed by a public higher education institution in this State and all mandatory fees required as a condition of enrollment of all students."

B. Section 59-4-30 of the 1976 Code, as added by Act 155 of 1997, is amended to read:

"Section 59-4-30. (A) The South Carolina Tuition Prepayment Program is created as a program within the ~~Budget and Control Board~~ Office of the State Treasurer. The chief administrative and operating official for the program is the director who must be appointed and supervised by the ~~executive director of the board~~ Treasurer. The director must be a state official or employee.

(B) The ~~board~~ Treasurer is responsible for developing and adopting the investment policies, guidelines, and strategies for the fund and determining the costs, termination, and withdrawal options of the prepaid tuition contracts. The ~~board~~ Treasurer shall promulgate regulations in accordance with the Administrative Procedures Act which:

(1) provide for the number and types of contract plans to be offered, to include both public and independent colleges and universities;

(2) prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions under which funds may be withdrawn or refunds made from the fund;

(3) prescribe the requirements, procedures, and guidelines regarding advanced payment contracts;

(4) provide for the contract contents to include, at a minimum, tuition and credit hour guarantees, beneficiary substitutions, default, withdrawal, refund, termination and penalty information, and contributor payment amounts and conditions;

(5) provide for the receipt of advance payments;

(6) prescribe guidelines governing the program;

(7) provide for the charging and retention of fees for the cost of services and administration of the fund;

(8) prescribe the investment and management policies of the fund; and

(9) prescribe other policies, procedures, and criteria necessary to implement and administer the program.

These regulations must be developed in consultation with the chairmen or their designees of the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee, and the House Education and Public Works Committee and submitted in sufficient time for the General Assembly to begin its approval process by January 15, 1998. It is the intent of the General Assembly to have these regulations in force so that the program may begin to offer contracts by July 1, 1998."

C. Section 59-4-40 of the 1976 Code, as added by Act 155 of 1997, is amended to read:

"Section 59-4-40. The fund is a nonpublic special, revolving fund established and maintained by the State of South Carolina. The fund consists of monies received from contributors, other monies acquired from governmental and private sources, and proceeds from the investments of the fund. The fund may expend funds for the purposes of this chapter only and may not be considered public funds. There must be a separate accounting for each designated beneficiary.

The fund must be invested as directed by the ~~board~~ Treasurer. However, earnings in the fund or a portion of the fund may not be used as security for a loan. An attempt to use the fund, a contract, or a portion of either as security for a loan is void. The fund may be invested in a manner authorized by law. The custody and management of the fund is directed by the ~~board~~ Treasurer. The earnings from fund investments become a part of the fund and may be expended for the purposes of this chapter only."

D. Section 59-4-60 of the 1976 Code, as added by Act 155 of 1997, is amended to read:

"Section 59-4-60. All of the agencies, departments, and institutions of higher learning of the State must provide reasonable cooperation and assistance to the ~~board~~ Treasurer and the director in the implementation of the program under this chapter. Colleges and universities shall make every effort to restrict tuition increases to no more than the annual higher education price index."

E. Section 59-4-70 of the 1976 Code, as added by Act 155 of 1997, is amended to read:

"Section 59-4-70. Upon implementation of the program, the director or his designee shall prepare an annual financial report of the fund and the program. This report must be submitted to the ~~board~~ Treasurer on the date ~~required by the board~~ and in the format prescribed by the ~~board~~ Treasurer. The program and the fund also are subject to audit by the State Auditor or his designee. The director or his designee annually shall evaluate the actuarial soundness of the fund and report this information to the ~~board~~ Treasurer."

F. All funds, appropriations, personal property, personnel, and FTE's of the South Carolina Tuition Prepayment Program are transferred from the State Budget and Control Board to the Office of the State Treasurer. All policies, procedures, and regulations prescribed or promulgated by the State Budget and Control Board for this program are deemed to be the policies, procedures, and regulations prescribed or promulgated by the State Treasurer for this program until withdrawn, revised, or amended in the manner provided by law.

G. Notwithstanding the general effective date of this act, this section takes effect July 1, 2000. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

The Bill was returned to the House, as amended.

H. 3745--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

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; 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; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.

On motion of Senator HUTTO, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HUTTO spoke on the Report.

H. 3745--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator HUTTO, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, MARTIN and HUTTO to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HUTTO, the Report of the Committee of Free Conference to H. 3745 was adopted as follows:

H. 3745--Free Conference Report
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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 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 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 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; 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; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/18/00--H.)

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
/ 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 FOR THE CREATION OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; 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 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION; 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; 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; 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 ADD SECTION 53-3-150 TO PROVIDE THAT THE WEEK WHICH INCLUDES THE ELEVENTH DAY OF NOVEMBER IN EACH YEAR IS DESIGNATED AS "PATRIOTISM WEEK" IN SOUTH CAROLINA; TO ADD SECTIONS 59-63-75 AND 59-63-85 TO PROVIDE FOR CHARACTER EDUCATION IN SCHOOLS; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000"; TO ADD SECTION 59-17-140, SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS.

Whereas, the General Assembly finds that the family is the fundamental building block of society; and

Whereas, the General Assembly finds that the State should promote strong families, for the family is the cradle of an ordered and vibrant republic; and

Whereas, the General Assembly finds that one way for the State to promote strong families is to publish and distribute a pamphlet which emphasizes the importance of families. Now, therefore,

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

SECTION 1. Section 20-1-240 of the 1976 Code is amended to read:

"Section 20-1-240. All authorized offices, officials, or individuals empowered to issue a marriage license shall, at the time of ~~issuance thereof~~ application, provide to applicants for marriage licenses,:

(1) family planning information~~. This information shall be~~ supplied to the issuing officials by the Department of Health and Environmental Control; and

(2) the 'South Carolina Family Respect' information pamphlet published and provided by the office of the Governor."

SECTION 2. Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Article 7
South Carolina Family Respect Act

Section 20-1-700. This act may be cited as the 'South Carolina Family Respect Act'.

Section 20-1-710. The General Assembly finds that the family is the fundamental building block of society. Within healthy families children are instilled with values essential to the vitality of our State. These values include personal responsibility, honesty, duty, commitment to others, a work ethic, respect for authority, and sound educational habits. Because the family plays such a crucial role in developing these and other civic virtues essential to self-government, parents have a duty to themselves, their children, and society at large to instill these virtues in their children. Therefore, as much as it is able, the State should promote strong families, for the family is the cradle of an ordered and vibrant republic. Self-government depends upon civic virtue, and civic virtue in turn depends upon healthy families. The purpose of this act is to emphasize the importance of families to the success and well-being of our State.

Section 20-1-720. (A) The office of the Governor shall publish an informational pamphlet entitled 'South Carolina Family Respect' consistent with the intent and provisions of this act. The office of the Governor shall distribute the pamphlet to the agencies, offices, and entities listed in subsection (B). It is the duty of the government agencies, offices, and entities listed in subsection (B) to promote the ideals of this pamphlet and distribute it to their constituencies and clients.

(B) The informational pamphlet must be distributed to:

(1) all probate judges and clerks of court who issue marriage licenses who shall give it to each couple at the time they apply for the license;

(2) all family court judges who shall give it to all couples who file a petition for divorce or a petition for approval of a separation agreement;

(3) the Department of Social Services who shall give it to each person who applies for welfare benefits;

(4) the Department of Health and Environmental Control to be included and mailed out with each certified birth certificate issued, as provided in Section 44-63-80;

(5) all public school districts in the State that teach sex education programs. All public school districts must include a discussion of the pamphlet in its sex and family education curriculum;

(6) all state and local agencies and institutions that provide health services including, but not limited to, family planning services and distribution of contraceptives, to be given to all pregnant minors, persons receiving birth control, and persons receiving information on family planning or sexually transmitted diseases;

(7) all local mental health centers to be distributed where appropriate in particular counseling situations;

(8) all county programs for adolescent pregnancy prevention initiatives, as provided in Section 44-122-40. Each initiative must include a discussion of the pamphlet with the adolescents it counsels;

(9) all public colleges, universities, and other institutions of higher learning to be distributed to all first year students during their orientation; and

(10) the pamphlet must be made available for voluntary distribution to:

(i) all clergy and counselors who provide marriage counseling;

(ii) all private high schools;

(iii) all private institutions of higher learning; and

(iv) the general public."

SECTION 3. Section 44-63-80 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:

"Section 44-63-80. Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. The short form certificate or birth card may be furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar.

When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."

SECTION 4. Section 44-122-40(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:

"(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the 'South Carolina Family Respect' information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:

(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.

(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department."

SECTION 5. Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-45. The Friday immediately preceding Mother's Day of each year is designated 'Family Respect Day' in recognition of the important role the family unit plays in a healthy and productive society."

SECTION 6. Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-150. (A) The week which includes the eleventh day of November in each year is designated as 'Patriotism Week' in South Carolina. The Governor shall issue appropriate proclamations to commemorate 'Patriotism Week' which must be observed throughout South Carolina with appropriate ceremonies and events to:

(1) recognize the important contributions made by our military veterans to American society;

(2) honor the supreme sacrifices made by our veterans in defending the freedoms and protections afforded by the United States Constitution; and

(3) memorialize those men and women who lost their lives in military service.

(B) The State Superintendent of Education shall encourage school districts to:

(1) observe 'Patriotism Week' by holding appropriate ceremonies, events, and assemblies on school grounds; and

(2) develop appropriate curricula that focus on the purposes of 'Patriotism Week'.

(C) Commissioners and directors of state agencies and governing bodies of political subdivisions shall encourage participation by public employees in ceremonies and events during 'Patriotism Week'."

SECTION 7. A. This section is known and may be cited as the "Religion and Public Schools Act of 2000".

B. The South Carolina General Assembly finds that the free exercise of religion is integral to the intellectual, moral, civic, and ethical development of students in South Carolina. It further finds that this exercise of religion should find expression only in legally sound ways that do not violate the state and federal constitutional prohibitions against the establishment of religion.

Therefore, the South Carolina General Assembly has determined to enact the "Religion and Public Schools Act", which calls for the training of educators in how to recognize constitutional distinctions between individual free exercise of religion which the First Amendment protects and state establishment of religion which the First Amendment prohibits.

The purpose of the act is to promote a constitutionally sound understanding and a faithful compliance with the free exercise and establishment clauses of the federal and state constitutions as they apply to public school operations.

C. The 1976 Code is amended by adding:

"Section 59-17-140. (A) Effective July 1, 2001, each school district during annual in-service training shall provide a program of instruction for teachers and administrators in the essentials of constitutional protections and prohibitions as they relate to religion and public school operations. Subjects shall include, but not be limited to:

(1) student prayers;

(2) graduation prayers and baccalaureates;

(3) participation in or encouragement of religious activity by school officials;

(4) religion in school curriculum;

(5) religious content in student assignments;

(6) distribution and use of religious literature;

(7) student participation in religious events before and after school;

(8) religious persuasion versus religious harassment;

(9) religious holidays;

(10) permitted absences from objectionable lessons in religion;

(11) released time for religious instruction;

(12) teaching values;

(13) religious attire;

(14) Federal Equal Access Act;

(15) Federal Religious Freedom Restoration Act;

(16) South Carolina Religious Freedom Act;

(17) other statutory and constitutional provisions regarding the establishment of religion and free exercise thereof, as they relate to a public school context;

(18) instruction on how to access legal advice concerning the establishment of religion and free exercise thereof in a public school context; and

(19) instruction on how to access the State Department of Education's guidelines on religion and the public schools on the department's website.

(B) Once a teacher or administrator has completed the program of instruction contained in this section, it is not necessary that they participate in the same program of instruction on an annual basis. However, such teachers and administrators who have completed the program of instruction shall annually participate in instruction regarding updates and new developments in the subject matter contained in this section."

SECTION 8. The 1976 Code is amended by adding:

"Section 59-17-135. (A) The General Assembly finds:

(1) the schools of South Carolina must provide the safest environment possible for students to learn;

(2) teaching positive character traits is essential to improving the learning environment, promoting student achievement, reducing disciplinary problems, and developing civic-minded students;

(3) schools must be encouraged to instill the highest character and academic excellence in each student, in close cooperation with the student's parents; and

(4) elected officials, community and civic leaders, business leaders, religious institutions, youth organizations, government, media, and citizens-at-large must be encouraged to become actively involved in creating an atmosphere which encourages positive character development through every sector of the community.

(B) Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included.

(C) Beginning with the 2000-2001 school year, each school district board of trustees is encouraged to require students in the public schools under the jurisdiction of the board to exhibit appropriate conduct, as required in subsection (D) of this section.

(D) When a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student may be encouraged to address and respond to the public school employee by using terms indicative of or reflecting courtesy and respect for a public school's employees position of authority, including but not limited to, sir, ma'am, thank you, and please.

(E) Each school district board of trustees is encouraged to provide for incorporation of the requirements of subsections (C) and (D) into any existing discipline policy or policies or any code of conduct of the school district or of each school within its jurisdiction.

(F) No school board may provide suspension or expulsion from school as an appropriate punishment for violation of subsection (D).

(G) Upon request, the State Department of Education must provide to the school districts of the State information on currently available programs, curriculums, and resources. In addition, the State Department of Education must provide to the school districts of the State information on best practices and successful programs currently being implemented."

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Sen. Thomas L. Moore           /s/Rep. Michael E. Easterday
/s/Sen. Larry A. Martin           /s/Rep. George E. Campsen, III
/s/Sen. C. Bradley Hutto          /s/Rep. C. Anthony Harris, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3745 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3745--ENROLLED FOR RATIFICATION

H. 3745 (Word version)

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

S. 263--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

On motion of Senator LEVENTIS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEVENTIS spoke on the Report.

On motion of Senator LEVENTIS, the Report of the Committee of Conference to S. 263 was adopted as follows:

S. 263--Conference Report
The General Assembly, Columbia, S.C., June 21, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/30/00--H.)

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

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

"Section 57-3-785. (A) The Department of Transportation shall require the placement of construction work zone signs when necessary to inform motorists of ongoing construction. The department shall direct the removal of these signs when work is substantially completed and normal traffic flow has resumed. The department shall assume responsibility for traffic maintenance upon the removal of these signs pursuant to this section.

(B) Work zone signs posted pursuant to Section 56-5-1535(C)(1) must be removed or covered with weather resistant material when a work zone becomes inactive for more than three days."

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

Amend title to conform.

/s/Sen. Phil P. Leventis          /s/Rep. Becky Rogers Martin
/s/Sen. Arthur Ravenel, Jr.       /s/Rep. James Gresham Barrett
/s/Sen. C. Bradley Hutto          /s/Rep. Vida Osteen Miller
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 263 (Word version)
Very respectfully,
Speaker of the House

Received as information.

S. 263--ENROLLED FOR RATIFICATION

S. 263 (Word version)

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
asks for a Committee of Conference, and has appointed Reps. Campsen, Seithel and Taylor to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3808--CONFERENCE COMMITTEE APPOINTED

H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.

Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, RANKIN and RAVENEL to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 22, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3808 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3808--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RANKIN spoke on the Report.

Senator BRANTON spoke on the Report.

H. 3808--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator RANKIN, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, RANKIN and RAVENEL to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator RANKIN, the Report of the Committee of Free Conference to H. 3808 was adopted as follows:

H. 3808--Free Conference Report
The General Assembly, Columbia, S.C., June 22, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00.)

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

/ SECTION 1. Section 12-24-40 of the 1976 Code, as added by Part II, Section 57A of Act 458 of 1996 and last amended by Act 324 of 1998, is further amended by adding at the end an appropriately numbered item as follows:

"( ) transferring realty from an agent to the agent's principal in which the realty was purchased with funds of the principal, provided that a notarized document is also filed with the deed that establishes the fact that the agent and principal relationship existed at the time of the original purchase as well as for the purpose of purchasing the realty."

SECTION 2. Section 33-44-211(c) of the 1976 Code is amended to read:

"(c) The first annual report must be delivered to the Secretary of State between January first and April first of the year following the calendar year in which a limited liability company was organized or a foreign company was authorized to transact business. Subsequent annual reports must be delivered to the Secretary of State ~~between January first and April first of the ensuing calendar years~~ on or before the fifteenth day of the third month following the close of the taxable year."

SECTION 3. This act takes effect upon approval by the Governor, and Section 1 applies with respect to deeds recorded on and after that date. /

Amend title to conform.

Sen. Ernest L. Passailaigue       /s/Rep. Lynn Seithel
/s/Sen. Arthur Ravenel, Jr.       /s/Rep. George E. Campsen, III
/s/Sen. Luke A. Rankin            /s/Rep. J. Adam Taylor
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 3808--ENROLLED FOR RATIFICATION

H. 3808 (Word version)

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

H. 4336--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, McGee and Meacham-Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

On motion of Senator MATTHEWS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MATTHEWS spoke on the Report.

Senator JACKSON spoke on the Report.

H. 4336--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator MATTHEWS, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators MATTHEWS, SHORT and MESCHER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Senator MATTHEWS explained the Report of the Committee of Free Conference.

Senator JACKSON spoke on the Report of the Committee of Free Conference.

On motion of Senator MATTHEWS, the Report of the Committee of Free Conference to H. 4336 was adopted as follows:

H.4336--Free Conference Report
The General Assembly, Columbia, S.C., June 1, 2000

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 4/26/00 --S.)

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

/SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:

"CHAPTER 40
Charter Schools

Section 59-40-10. This chapter ~~is known and~~ may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:

(1) improve student learning;

(2) increase learning opportunities for students;

(3) encourage the use of a variety of productive teaching methods;

(4) establish new forms of accountability for schools;

(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. (A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.

(B) Because the state no longer sanctions a system of segregated schools, it is the intent of the general assembly that creation of this act encourages cultural diversity, educational improvement, and academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina.
Section 59-40-40. As used in this chapter:

(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.

(2) A charter school:

(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;

(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected ~~in the manner~~, as provided in Section 59-40-50(B)~~(8)~~(9);

(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.

(3) 'Applicant' means the person who desires to form a charter school and files the necessary application ~~therefor~~ with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.

(4) 'Sponsor' means the local school board of trustees established, as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.

(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.

(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has ~~been approved by the charter committee of the school~~ completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.

(7) 'Charter committee' means the governing body of a charter school ~~and also shall be~~ formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation ~~which~~ must be organized as the governing body and the charter committee is dissolved.

Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.

(B) A charter school ~~shall~~ must:

(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;

(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;

(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;

(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity ~~shall~~ does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools ~~shall~~ must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;

(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion ~~hire~~ noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers ~~shall be~~ are considered pro rata in calculating this percentage based on the hours which they are expected to teach;

(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;

~~(6)~~(7) admit all children eligible to attend public school in a school district ~~who are eligible to apply for admission~~ to a charter school operating in that school district, subject to space limitations. However, ~~under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent~~ to comply with the intent in Section 59-40-30(B), it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent and subject to the provisions of Section 59-40-70(D).. If the number of applications exceeds the capacity of a program, class, grade level, or building, students ~~shall~~ must be accepted by lot, and there is no appeal to the sponsor;

~~(7)~~(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, ~~and~~ children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;

~~(8)~~(9) elect its ~~governing body~~ board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school ~~shall be~~ are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school ~~shall~~ must include one or more teachers;

~~(9)~~(10) be subject to the Freedom of Information Act, including the charter school and its governing body.

(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision ~~shall be~~ is binding on the student and the charter school.

(2) If a charter school suspends or expels a student, the school district ~~shall have~~ has the authority but not the obligation to refuse admission to the student.

(3) The sponsor ~~shall have~~ has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school within the sponsor district. Students participating under this agreement shall be considered eligible to participate in league events if all other eligibility requirements are met.

Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms ~~shall~~ must be the terms of a contract between the charter school and the sponsor.

(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.

(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.

(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:

(1) organize the charter school as a nonprofit corporation ~~under~~ pursuant to the laws of this State;

(2) ~~elect~~ form a charter committee for the charter school which includes one or more teachers;

(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school ~~will~~ is to be located.

(E) A charter committee ~~shall be~~ is responsible for and ~~have~~ has the power to:

(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;

(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers ,as provided by law, before they may teach in the charter school; and

(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.

(F) The charter school application shall be a proposed contract and ~~shall~~ must include:

(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes ~~as set forth in~~ pursuant to Section 59-40-20;

(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;

(3) evidence that an adequate number of parents, teachers, pupils, or any combination ~~thereof~~ of them support the formation of a charter school;

(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;

(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action ~~in the event~~ if that pupil achievement falls below the standards;

(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;

(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;

(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district or the targeted student population the charter school proposes to serve and provide assurance that the school does not conflict with any school district desegregation plan or order in effect;

(9) a description of how the charter school plans to meet the transportation needs of its pupils;

(10) a description of the building, facilities, and equipment and how they ~~shall be~~ are obtained;

(11) an explanation of the relationship that ~~shall exist~~ exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;

(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application ~~shall~~ must state whether or not the provisions of Article 5, Chapter 25 of Title 59 ~~will~~ apply to the employment and dismissal of teachers at the charter school;

(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school ~~prior to~~ before expulsion;

(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school ~~will~~ must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and

(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.

Section 59-40-70. (A) The local school board shall establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board ~~finds~~ determines the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.

(B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.

(C) A local school board of trustees shall ~~only~~ deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately ~~shall~~ must be sent to the charter committee and filed with the State Board of Education.

(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the local school district board shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a non-discriminatory manner and in compliance with the intent of Section 59-40-30(B). A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided herein or in Section 59-40-110, as may be applicable. A finding by the local school district board that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the percentage requirement if the application is acceptable in all other aspects.

~~(D)~~ (E) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.

~~(E)~~ (F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which ~~shall constitute~~ constitutes a contract with the charter committee of the charter school. A copy of the charter ~~shall~~ must be filed with the State Board of Education.

Section 59-40-80. A local school board ~~may~~ shall conditionally authorize a charter school if the application is acceptable I all other aspects but ~~before~~ the applicant has not secured its space, equipment, facilities, ~~and~~ or personnel if and the applicant ~~indicates~~ verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization shall be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.

Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.

(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.

(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process ~~shall~~ must be:

(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions ~~shall~~ must include specific recommendations concerning the matters requiring reconsideration;

(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.

Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application ~~shall~~ must be submitted by the principal of that school or his designee who ~~shall~~ must be ~~deemed~~ considered the applicant. The application ~~shall~~ must include all information required of other applications ~~under~~ pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.

(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.

(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases ~~therein~~. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 ~~will~~ apply to the employment and dismissal of teachers at a converted school.

Section 59-40-110. (A) A charter may be approved or renewed for a period ~~not to exceed three~~ of five school years; however the charter may be revoked or not renewed under the provisions of subsection C of this section.

(B) A charter renewal application ~~shall~~ must be submitted to the school's sponsor, and it ~~shall~~ must contain:

(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and

(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that ~~will allow~~ allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.

(1) committed a material violation of the conditions, standards, or procedures ~~set forth~~ provided for in the charter application;

(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;

(3) failed to meet generally accepted standards of fiscal management; or

(4) violated any provision of law from which the charter school was not specifically exempted.

(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action ~~in writing~~. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure ~~set forth herein~~ provided for in this section.

(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days ~~shall~~ must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.

(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.

Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts ~~shall~~ must be returned to that entity. All other assets become property of the sponsor.

Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date ~~under~~ provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.

(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.

(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation ~~shall be~~ are governed by Section 59-40-100(C).

Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment ~~shall~~ must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding ~~shall~~ must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.

(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.

(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them ~~shall~~ must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs ~~shall~~ must be directed to charter schools serving students eligible for the aid.

(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.

(E) All awards, grants, or gifts collected by a charter school ~~shall~~ must be retained by the charter school.

(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be ~~a requirement~~ required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by the governing body.

(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.

(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.

(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.

(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.

Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40 (2) (b) and 59-40-50 (B) (7) and (8) of this chapter according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140 (A), (B), and (B), as applicable.

Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.

(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.

Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.

(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.

(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.

Section 59-40-170. The Department of Education~~, in conjunction with the Budget and Control Board,~~ shall ~~publish annually~~ make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by ~~this State or by~~ school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list ~~shall~~ must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.

Section 59-40-180. The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.

Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.

(B) A sponsor is not liable for any of the debts of the charter school.

(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.

Section 59-40-200. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

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

Amend title to conform.

/s/ Sen. John W. Matthews, Jr. /s/ Rep. Ronald P. Townsend
/s/ Sen. Linda H. Short /s/ Rep. Lanny F. Littlejohn
/s/ Sen. William C. Mescher Rep. JoAnne Gilham
On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.

Recorded Vote

Senator JACKSON desired to be recorded as voting against the adoption of the Report of the Committee of Free Conference.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 22, 2000, at 5:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R439, S. 250 (Word version)) -- Senators Leatherman and Hayes: AN ACT TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR PROFIT-CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO CREATE AN ADVISORY CAMPAIGN REFORM STUDY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES.
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(R440, S. 263 (Word version)) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE THE PLACEMENT OF CONSTRUCTION WORK SIGNS WHEN NECESSARY TO INFORM MOTORISTS OF ONGOING CONSTRUCTION, DIRECT THE REMOVAL OF THESE SIGNS WHEN THE CONSTRUCTION IS SUBSTANTIALLY COMPLETED, AND ASSUME RESPONSIBILITY FOR TRAFFIC MAINTENANCE UPON REMOVAL OF THESE SIGNS, AND PROVIDE THAT CERTAIN HIGHWAY WORK ZONE SIGNS MUST BE REMOVED OR COVERED WITH WEATHER RESISTANT MATERIAL WHEN A WORK ZONE BECOMES INACTIVE FOR MORE THAN THREE DAYS.
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(R441 S. 320 (Word version)) -- Senator Peeler: AN ACT TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-385, SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE OR POSSESS LARGE-MOUTH BASS LESS THAN TWELVE INCHES IN LENGTH IN LAKE MARION, LAKE MOULTRIE, AND IN LAKE WYLIE LOCATED IN YORK COUNTY IN GAME ZONE 4, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THE SECTION.
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(R442, S. 544 (Word version)) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: AN ACT TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETENTION OF CERTAIN SURCHARGES COLLECTED BY A COURT TO BE USED TO PROVIDE SERVICES TO CRIME VICTIMS, SO AS TO IMPOSE A SURCHARGE ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE TO PROVIDE SERVICES FOR VICTIMS OF CRIME, TO IMPOSE AN ADDITIONAL SURCHARGE ON A PERSON CONVICTED OF DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER DRUG OR SUBSTANCE, AND ON A PERSON CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND USE THE REVENUE COLLECTED PURSUANT TO THIS SURCHARGE TO FUND SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND OPERATING AND ADMINISTRATIVE COSTS INCURRED BY MUNICIPAL AND COUNTY GOVERNMENTS RELATED TO THE COLLECTION OF THESE SURCHARGES, AND TO PROVIDE THAT A REPORT DETAILING THE USE OF REVENUES COLLECTED PURSUANT TO THESE SURCHARGES MUST BE FURNISHED TO THE GENERAL ASSEMBLY ON AN ANNUAL BASIS; TO AMEND CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 5, SO AS TO CREATE THE SPINAL CORD RESEARCH BOARD FOR THE PURPOSE OF ADMINISTERING THE SPINAL CORD RESEARCH FUND WHICH REVENUES ARE GENERATED PURSUANT TO A SURCHARGE IMPOSED UPON PERSONS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND TO PROVIDE FOR THE BOARD'S COMPOSITION, APPOINTMENT OF ITS MEMBERS, MEMBERS' TERMS OF SERVICE, ELECTION OF OFFICERS, MEETING DATES, LIABILITY FOR LOSSES SUSTAINED OR DAMAGES SUFFERED ON ACCOUNT OF AN ACTION OR INACTION OF THE BOARD, COMPENSATION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 56-1-286 RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME WHO REFUSES TO SUBMIT TO CHEMICAL TESTS UNDER CERTAIN CIRCUMSTANCES MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR ONE YEAR, TO PROVIDE THAT IF A PERSON WHO PREVIOUSLY WAS CONVICTED OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION WITHIN A CERTAIN PERIOD OF TIME AND REGISTERS AN ALCOHOL CONCENTRATION OF TWO-HUNDREDTHS OF ONE PERCENT OR MORE MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE SUSPENDED OR DENIED FOR SIX MONTHS, TO PROVIDE THAT A PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED UNDER THESE CIRCUMSTANCES MUST HAVE THIS PRIVILEGE RESTORED ONCE THE SUSPENSION PERIOD IS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM IN WHICH HE IS ENROLLED AND WHICH MUST BE COMPLETED FOR HIM TO MAINTAIN HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON MUST BE ATTENDING OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM UNDER CERTAIN CIRCUMSTANCES BEFORE HIS DRIVING PRIVILEGES MAY BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO REVISE THE PERIOD FROM TEN TO THIRTY DAYS IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL SAFETY ACTION PROGRAM, OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AFTER BEING ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE, OR BE SUBJECT TO CERTAIN PENALTIES FOR FAILING TO ACT WITHIN THIS PERIOD OF TIME, TO REVISE THE PERIOD FROM TEN DAYS TO THIRTY DAYS IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD AFTER ONE IS REQUESTED BY A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION OF HIS PRIVILEGE TO OPERATE HIS MOTOR VEHICLE, TO DELETE THE PROVISION THAT ALLOWS A CONTINUANCE TO BE GRANTED FOR AN ADMINISTRATIVE HEARING UPON A SHOWING OF EXIGENT CIRCUMSTANCES, TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY DOES NOT HOLD AN ADMINISTRATIVE HEARING WITHIN THIRTY DAYS, IT MUST ISSUE AN ORDER THAT PROVIDES THE REASONS WHY THE HEARING WAS NOT HELD AND SCHEDULE A NEW HEARING, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE A WRITTEN ORDER WITHIN THIRTY DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING DATE, THEN THE PERSON MUST HAVE HIS PRIVILEGE TO OPERATE A MOTOR VEHICLE RESTORED, AND TO DELETE A REFERENCE TO THE USE OF DIVISION PROCEDURES IN THE ADMINISTRATION OF TESTS AND THE TAKING OF SAMPLES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE TO A PERSON CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO PERSONS CONVICTED OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES UNDER SECTION 56-5-2930, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION UNDER SECTION 56-5-2933; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE OPERATING OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF ALCOHOL AND OTHER DRUGS OR SUBSTANCES, SO AS TO MAKE A TECHNICAL CHANGE; BY ADDING SECTION 56-5-2933 SO AS TO ESTABLISH THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND PROVIDE PROCEDURES FOR THE PROSECUTION AND DEFENSE OF A PERSON CHARGED WITH THIS OFFENSE; BY ADDING SECTIONS 56-5-2934 AND 56-5-2935 SO AS TO PROVIDE THAT A PERSON CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG OR A COMBINATION OF DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION OR CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS SHALL HAVE THE RIGHT TO COMPULSORY PROCESS FOR OBTAINING CERTAIN WITNESSES, DOCUMENTS, OR BOTH, TO PROVIDE THAT AT THE TIME OF AN ARREST FOR THESE OFFENSES, THE ARRESTING OFFICER MUST INFORM THE DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW AND PROVIDE HIM WITH THE APPROPRIATE FORM TO REQUEST THE HEARINGS, AND TO PROVIDE THAT A PERSON CHARGED WITH ONE OF THESE OFFENSES HAS THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 56-5-2941 SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES IMPOSED ON A PERSON WHO OPERATES A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, OR WHO CAUSES GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT THE COURT MAY REQUIRE THE PERSON TO HAVE INSTALLED ON THE VEHICLE HE WAS OPERATING UNDER CERTAIN CIRCUMSTANCES AN IGNITION INTERLOCKS DEVICE DESIGNED TO PREVENT THE OPERATION OF THE MOTOR VEHICLE IF THE OPERATOR HAS CONSUMED ALCOHOLIC BEVERAGES, AND PROVIDE THE CONDITIONS UPON WHICH THE DEVICE MUST BE INSTALLED AND OPERATED; BY ADDING SECTION 56-5-2949 SO AS TO PROVIDE THAT ANY SOUTH CAROLINA LAW ENFORCEMENT DIVISION POLICY, PROCEDURE, OR REGULATION RELATING TO BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, OR IGNITION INTERLOCKS IN EFFECT AFTER A CERTAIN DATE BE PUBLICLY ACCESSIBLE ON THE AGENCY'S INTERNET WEBSITE, AND TO PROVIDE A PROCEDURE FOR REMOVING THIS INFORMATION FROM THE AGENCY'S WEBSITE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE OPERATOR'S IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD, SO AS TO PROVIDE THAT A BREATH TEST MUST BE ADMINISTERED BY A PERSON TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY AND NOT BY SLED PURSUANT TO SLED POLICIES, TO REVISE THE PERIOD OF TIME A PERSON HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING AND ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM FROM TEN TO THIRTY DAYS AFTER THE ISSUANCE OF A NOTICE OF SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON'S REQUEST FOR ADDITIONAL BLOOD OR URINE TESTS IS NOT ADMISSIBLE AGAINST THE PERSON IN A CRIMINAL TRIAL, TO PROVIDE THAT THIS PROVISION APPLIES TO A CRIMINAL PROSECUTION OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IF A PERSON'S ALCOHOL CONCENTRATION WAS AT THE TIME OF A CHEMICAL TEST TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE AND THE ORIGINAL TESTING OF THE PERSON'S BREATH OR COLLECTION OF OTHER BODILY FLUIDS WAS PERFORMED WITHIN TWO HOURS OF THE TIME OF HIS ARREST, THEN THE PERSON IS GUILTY OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSING TO SUBMIT TO TESTING TO DETERMINE WHETHER THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF ALCOHOL AND DRUGS, OR FOR HAVING CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS STATUTE APPLY TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION UNDER CERTAIN CIRCUMSTANCES MUST ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, AND PROVIDE THAT A PERSON WHO FAILS TO ENROLL IN THE PROGRAM WITHIN THIRTY DAYS IS SUBJECT TO CERTAIN PENALTIES, TO REVISE FROM TEN DAYS TO THIRTY DAYS THE PERIOD OF TIME IN WHICH A PERSON WHO HAS BEEN ISSUED A NOTICE OF SUSPENSION MAY OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE AND REQUEST AN ADMINISTRATIVE HEARING, TO PROVIDE THAT THE ADMINISTRATIVE HEARING MUST BE HELD AND NOT SCHEDULED WITHIN THIRTY DAYS OF A REQUEST FOR A HEARING, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ISSUE AN ORDER WITHIN THIRTY DAYS, AND NOT TEN DAYS, IF THE HEARING IS NOT HELD, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT ISSUE AN ORDER WITHIN THIRTY DAYS INSTEAD OF TEN DAYS OR FAILS WITHIN THIRTY DAYS TO NOTIFY THE DEFENDANT OF A NEW HEARING, THEN THE PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE IS REINSTATED, TO DELETE A PROVISION THAT REQUIRES THAT TESTS ADMINISTERED AND SAMPLES OBTAINED TO DETERMINE A PERSON'S ALCOHOL CONCENTRATION MUST COMPLY WITH DIVISION PROCEDURES; TO AMEND SECTION 56-5-2953, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING OF CERTAIN MOTOR OFFENSES COMMITTED WHILE THE DRIVER WAS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; BY ADDING SECTION 56-5-2954 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION AND EACH LAW ENFORCEMENT AGENCY WITH A BREATH TESTING SITE MUST MAINTAIN A RECORD OF REPAIRS AND PROBLEMS REGARDING BREATH TESTING DEVICES AT EACH SITE AND PROVIDE THAT THE RECORDS ARE SUBJECT TO COMPULSORY PROCESS ISSUED BY A COURT AND ARE PUBLIC RECORDS; TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CERTAIN CONVICTIONS, GUILTY PLEAS, PLEAS OF NOLO CONTENDERE, OR FORFEITURES OF BAILS THAT MUST BE SUBMITTED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2980, AS AMENDED, RELATING TO CERTAIN REPORTS THAT ARE REQUIRED TO BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING CERTAIN VIOLATIONS OF THE LAW AND WHICH ARE CONSIDERED PRIMA FACIE EVIDENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO VIOLATIONS OF THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN OFFENSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2995, RELATING TO THE ADDITIONAL ASSESSMENT IMPOSED UPON A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANY OTHER DRUG, OR A COMBINATION OF OTHER DRUGS OR SUBSTANCES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO PROVIDE THAT IF THE ALCOHOL CONCENTRATION LEVEL FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR OTHER INTOXICATING SUBSTANCE OFFENSES CHANGES FROM TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE, CERTAIN PROVISIONS RELATING TO THE OFFENSE OF DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION DO NOT APPLY TO ALCOHOL CONCENTRATION LEVELS BETWEEN EIGHT ONE-HUNDREDTHS OF ONE PERCENT UP TO TEN ONE-HUNDREDTHS OF ONE PERCENT, AND, INSTEAD, FOR THIS RANGE THERE IS AN INFERENCE THAT THE PERSON WAS UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES; TO AMEND SECTION 61-4-110, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO CHANGE THE TERM "MOVING" TO "MOTOR", TO PROVIDE THAT THIS PROVISION APPLIES TO VEHICLES LOCATED ON THE PUBLIC HIGHWAYS OR HIGHWAY RIGHTS OF WAY OF THIS STATE AND DOES NOT APPLY TO VEHICLES PARKED IN LEGAL PARKING PLACES DURING CERTAIN EVENTS, AND TO PROVIDE A DEFINITION FOR BEER AND WINE; TO AMEND SECTION 61-6-4020, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOLIC LIQUORS"; AND TO PROVIDE A SEVERABILITY CLAUSE.
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(R443, S. 575 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS; TO AMEND SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT COMMERCIAL TUGBOATS AND PILOT BOATS MUST BE TAXED ON AN ASSESSMENT OF FIVE PERCENT OF FAIR MARKET VALUE, TO DEFINE THOSE TERMS, AND TO CHANGE THE DEFINITION OF "COMMERCIAL FISHING BOAT", ALL EFFECTIVE JANUARY 1, 1999; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE JOB TAX CREDIT ON STATE INCOME TAX, SO AS TO REDEFINE "PROCESSING FACILITY"; TO AMEND CHAPTER 10, TITLE 12, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, BY ADDING SECTION 12-10-82 SO AS TO ALLOW AN IRREVOCABLE ASSIGNMENT OF FUTURE PAYMENTS, ATTRIBUTABLE TO THE JOB DEVELOPMENT CREDIT, TO A DESIGNATED TRUSTEE; TO AMEND SECTIONS 12-10-20, AS AMENDED, 12-10-30, AS AMENDED, 12-10-50, 12-10-60, 12-10-80, AS AMENDED, 12-10-81, AND 12-10-100, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DELETE THE REFERENCE TO "MANUFACTURING", TO DEFINE "GROSS WAGES", "JOB DEVELOPMENT CREDIT", "PRELIMINARY REVITALIZATION AGREEMENT", "REVITALIZATION AGREEMENT", AND "QUALIFYING EXPENDITURES", TO PROVIDE FOR DETERMINATION OF CREDITS WHEN A REVITALIZATION AGREEMENT IS AMENDED, TO REQUIRE CERTIFICATION BY THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT THAT THE MINIMUM EMPLOYMENT AND CAPITAL INVESTMENT LEVELS ARE MET, TO REQUIRE TEN NEW FULL-TIME JOBS WITHIN FIVE YEARS OF THE AGREEMENT, TO PROVIDE FOR A CLAIM OF LESS THAN TEN THOUSAND DOLLARS IN A CALENDAR YEAR, TO PROVIDE FOR THE DESIGNATION OF THE COUNTY IN WHICH THE PROJECT IS LOCATED, TO TOLL THE STATUTE OF LIMITATIONS AS TO WITHHOLDING TAXES DURING THE FIVE-YEAR PERIOD, TO PROVIDE THAT THE QUALIFYING JOB MUST BE CREATED IN THIS STATE, TO PROVIDE FOR AN EXTENSION OF THE AUDIT REPORT FILING FOR GOOD CAUSE, TO INCREASE THE GROSS WAGES AMOUNT USED TO DETERMINE THE MAXIMUM CREDIT CLAIMED, TO CHANGE THE DATE FOR SELECTION OF QUALIFYING BUSINESSES AND APPROVAL OF REVITALIZATION AGREEMENTS FROM MARCH 1 TO MAY 15 OF EACH YEAR, AND TO PROVIDE THAT CREDITS MAY BE EARNED FOR COSTS OF FINANCING CERTAIN UNDERTAKINGS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAX, SO AS TO INCLUDE CERTAIN MACHINES NECESSARY TO COMPLY WITH FEDERAL REGULATIONS FOR PREVENTION OR ABATEMENT OF POLLUTION AND TO PROVIDE THAT A TAXPAYER GIVE NOTICE TO THE DEPARTMENT OF REVENUE THAT IT QUALIFIES FOR THE EXEMPTION BY INVESTING AT LEAST THIRTY-FIVE MILLION DOLLARS AND TO PROVIDE FOR THE TOLLING OF THE TIME LIMIT FOR ASSESSMENT OF TAXES; TO AMEND SECTION 12-36-2680, RELATING TO ISSUANCE OF AN EXEMPTION CERTIFICATE, SO AS TO ELIMINATE A CERTIFICATE ISSUED PURSUANT TO THE EXEMPTION OF CERTAIN FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS; TO AMEND SECTION 12-2-75, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO PROVIDE FOR SIGNATURE BY THE MANAGER OR AUTHORIZED GENERAL PARTNER OF A PARTNERSHIP RETURN AND FOR SIGNATURE BY AN AUTHORIZED OFFICER OR OWNER OF AN ENTITY OTHER THAN A CORPORATION, PARTNERSHIP, OR TRUST AND ESTATE, AND TO PROVIDE FOR OTHER AUTHORIZATIONS FOR SIGNING, INCLUDING FILING AND DEPOSITING SIGNATURES WITH AND KEEPING OR FORWARDING SIGNATURES BY A THIRD PARTY; BY ADDING SECTION 12-4-780 TO CHAPTER 4, TITLE 12 SO AS TO PROVIDE FOR PAYMENTS TO THE DEPARTMENT OF REVENUE BY CREDIT CARD; TO AMEND SECTION 12-6-4910, RELATING TO PERSONS AND ENTITIES REQUIRED TO MAKE A STATE INCOME TAX RETURN, SO AS TO INCLUDE AN INDIVIDUAL WHOSE FEDERAL FILING STATUS IS MARRIED, FILING SEPARATELY, AND WHOSE SPOUSE DOES NOT ITEMIZE DEDUCTIONS AMONG THOSE WHO MUST FILE IF THEY HAVE A GROSS INCOME OF A CERTAIN SUM, WITHOUT REGARD TO ANY REDUCTION FOR THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-8-550, RELATING TO WITHHOLDING OF PAYMENTS MADE TO A NONRESIDENT, SO AS TO EXEMPT PAYMENTS MADE ON PURCHASE ORDERS FOR TANGIBLE PERSONAL PROPERTY WHEN NOT ACCOMPANIED BY SERVICES PERFORMED IN THIS STATE; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING INCOME TAX BY THE BUYER OF REAL PROPERTY OR ASSOCIATED TANGIBLE PERSONAL PROPERTY FROM A NONRESIDENT SELLER, SO AS TO EXCLUDE THE SALE OF A PRINCIPAL RESIDENCE FROM THE DESCRIPTION OF A "SALE"; TO AMEND SECTION 12-10-35, RELATING TO MORATORIUM ON STATE CORPORATE INCOME TAXES FOR JOB CREATION, SO AS TO PROVIDE FOR CALCULATION OF THE STATE AVERAGE UNEMPLOYMENT RATE BASED ON THE TWO MOST RECENT CALENDAR YEARS OF AVAILABLE DATA INSTEAD OF THE LAST TWO COMPLETED CALENDAR YEARS; TO AMEND CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-5095 SO AS TO PROVIDE FOR THE ROUNDING TO THE NEAREST WHOLE DOLLAR OF AMOUNTS OF FILED RETURNS; TO AMEND SECTION 12-36-550, RELATING TO THE DURATION OF VALIDITY OF A RETAIL SALES LICENSE, SO AS TO PROVIDE FOR DETERMINING IF A RETAILER IS CONTINUING IN THE SAME BUSINESS; TO AMEND SECTION 12-36-2670, RELATING TO ADMINISTRATION OF OATHS AND TAKING ACKNOWLEDGEMENTS IN CONNECTION WITH TAX RETURNS OR REPORTS, SO AS TO CHANGE REFERENCES FROM "COMMISSIONERS" AND "COMMISSION" TO "DIRECTOR" AND "DEPARTMENT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE CERTAIN EFFECTIVE DATES; TO AMEND SECTION 12-44-160, RELATING TO LIBERAL CONSTRUCTION OF CHAPTER 44, THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO PROVIDE FOR A PROCEDURE FOR QUALIFICATION OF ECONOMIC DEVELOPMENT PROPERTY FOR PAYMENT OF A FEE IN LIEU OF TAXES PURSUANT TO CHAPTER 12 OF TITLE 4 OR SECTION 4-29-67 IF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT IS DETERMINED TO BE UNCONSTITUTIONAL OR OTHERWISE ILLEGAL; TO AMEND SECTION 12-54-25, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR CALCULATION OF THE INTEREST AMOUNT DUE WHEN NO RETURN IS REQUIRED ON A CERTAIN DATE; TO AMEND SECTION 12-54-43, RELATING TO CIVIL PENALTIES AND DAMAGES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO DELETE THE MINIMUM PENALTY OF ONE HUNDRED DOLLARS OR ONE HUNDRED PERCENT OF THE TAX OWED AS PRESCRIBED FOR FAILURE TO FILE A RETURN FOR TAX WITHIN SIXTY DAYS; TO AMEND SECTION 12-54-100, RELATING TO EXAMINATION OF A TAXPAYER'S RECORDS, EQUIPMENT, AND LICENSES IN ENFORCEMENT OF THE STATE'S TAX LAWS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF REVENUE, OR HIS AGENT, HAS ACCESS TO THE TAXPAYER'S PLACE OF BUSINESS, TANGIBLE PERSONAL PROPERTY, FACILITIES, COMPUTERS, COMPUTER PROGRAMS, AND ELECTRONIC DATA IN ADDITION TO RECORDS, EQUIPMENT, AND LICENSES, TO REQUIRE THAT THE TAXPAYER FACILITATE THE EXAMINATION, AND TO ALLOW THE DIRECTOR TO USE REASONABLE AUDIT METHODS, INCLUDING SAMPLING; TO AMEND SECTION 12-54-227, RELATING TO OUT-OF-STATE COLLECTION OF DELINQUENT TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REFUND SERVICES FEES TO A COLLECTION AGENCY IF IT REMITS GROSS FUNDS AND TO CHANGE "COMMISSION" TO "DEPARTMENT"; TO AMEND SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS AND FILINGS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE OF INFORMATION FILED IN CONNECTION WITH THE ACCOMMODATIONS TAX AND THE TOURISM ADMISSIONS TAX; TO AMEND SECTION 12-60-3370, RELATING TO BOND REQUIREMENTS FOR APPEAL OF A DECISION PURSUANT TO THE REVENUE PROCEDURES ACT, SO AS TO DELETE THE REQUIREMENT THAT THE BOND COVER PENALTY AMOUNTS; TO AMEND SECTION 12-60-20, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-60-50, RELATING TO THE REVENUE PROCEDURES ACT, SO AS TO CLEARLY INCLUDE PENALTIES AND CIVIL FINES AS "TAXES" IMPOSED BY TITLE 12; TO AMEND SECTION 26-5-20, RELATING TO THE PURPOSES OF THE ELECTRONIC COMMERCE ACT, SO AS TO PROVIDE THAT A FURTHER PURPOSE OF THE ACT IS TO FACILITATE AND PROMOTE INTERSTATE AND INTERNATIONAL USE OF ELECTRONIC COMMERCE AND ONLINE GOVERNMENT; TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT AND ELECTRONIC SIGNATURES AND RECORDS, BY ADDING SECTION 26-5-370 SO AS TO PROVIDE THAT ELECTRONIC SIGNATURES OR RECORDS FROM OTHER JURISDICTIONS HAVING COMMENSURATE REQUIREMENTS AND WHICH GRANT RECIPROCAL RECOGNITION TO ELECTRONIC SIGNATURES OR RECORDS FROM SOUTH CAROLINA MUST BE AFFORDED THE SAME STATUS, EFFECT, VALIDITY, AND ENFORCEABILITY AS THOSE RECOGNIZED UNDER SOUTH CAROLINA'S ELECTRONIC COMMERCE ACT; TO AMEND CHAPTER 5, TITLE 26, RELATING TO THE ELECTRONIC COMMERCE ACT, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE APPLICABILITY OF THE COMPUTER CRIME ACT TO THE ELECTRONIC COMMERCE ACT; TO REPEAL SECTION 12-4-755 RELATING TO APPEAL OF A PROPERTY TAX EXEMPTION DENIAL; TO AMEND SECTION 12-28-1910, RELATING TO ENFORCEMENT OF TAXES ON MOTOR FUELS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE OR ITS DESIGNEE TO CONDUCT INSPECTIONS AND REMOVE SAMPLES OF FUEL FROM ANY VEHICLE, TANK, OR OTHER CONTAINER, INSTEAD OF LIMITING THE INSPECTION AND REMOVAL OF SAMPLES TO A PLACE WHERE THE TAXABLE FUEL IS PRODUCED, STORED, OR LOADED FOR TRANSPORT; TO REPEAL CHAPTERS 27 AND 29 OF TITLE 12 RELATING TO TAX ON GASOLINE AND ON OTHER MOTOR FUELS; TO AMEND CHAPTER 28 OF TITLE 12, RELATING TO TAX ON MOTOR FUELS, SO AS TO REENACT FORMER SECTION 12-27-405 AS SECTION 12-28-2940; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES, SO AS TO INCLUDE THE DWELLING HOUSE OF A PERMANENTLY AND TOTALLY DISABLED VETERAN IF THE VETERAN OR HIS QUALIFYING SURVIVING SPOUSE FILES A CERTIFICATE OF DISABILITY WITH THE DEPARTMENT OF REVENUE; TO DEFINE "DWELLING HOUSE" FOR PURPOSES OF THAT EXEMPTION AS THE DOMICILE OF THE QUALIFYING PERSON AND TO INCLUDE THE DWELLING HOUSE HELD IN TRUST FOR A BENEFICIARY WHO WOULD QUALIFY OTHERWISE FOR THE EXEMPTION AND WHO USES THE DWELLING HOUSE AS HIS DOMICILE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR TAXATION, BY ALLOWING A MANUFACTURER WHO USES A CLASS 100 OR BETTER CLEAN ROOM AN ANNUAL DEPRECIATION ALLOWANCE OF TEN PERCENT INSTEAD OF ALLOWANCES TO WHICH IT OTHERWISE WOULD BE ENTITLED; TO REPEAL SECTIONS 12-43-280 AND 12-43-290 RELATING TO THE LIMITATION ON THE INCREASE IN AD VALOREM TAX AS A RESULT OF EQUALIZATION AND REASSESSMENT; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 12-44-130, BOTH RELATING TO THE MINIMUM INVESTMENT REQUIRED FOR QUALIFICATION FOR PAYMENT OF A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DELETE SPECIFIC REFERENCES TO THE MINIMUM AMOUNT OF FIVE MILLION DOLLARS; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES AND USE TAX, BY ADDING SECTION 4-10-67 SO AS TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF LOCAL OPTION USE TAX FUNDS COLLECTED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2810, RELATING TO DEFINITION OF "MOTOR CARRIER" SO AS TO INCLUDE CERTAIN FARM VEHICLES; TO AMEND SECTION 12-37-2840, RELATING TO PROPERTY TAX RETURNS OF MOTOR CARRIERS, SO AS TO PROVIDE FOR PAYMENT OR APPEAL OF A PROPOSED ASSESSMENT ISSUED FOR FAILURE TO TIMELY FILE A RETURN OR PAY A TAX DUE; TO AMEND CHAPTER 37 OF TITLE 12, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-2842 SO AS TO PROVIDE FOR REGISTRATION AND FILING BY MOTOR CARRIERS AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO INFORM A MOTOR CARRIER OF REGISTRATION AND FILING REQUIREMENTS OF THE DEPARTMENT OF REVENUE AND TO SUPPLY FORMS; TO REPEAL SECTION 12-37-2845 RELATING TO PENALTIES FOR FAILURE OF A MOTOR CARRIER TO FILE A RETURN AND PAY TAX DUE; TO AMEND SECTION 12-54-85, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES OR FEES, SO AS TO DISTINGUISH BETWEEN A TAX AND A PENALTY NOT ASSOCIATED WITH ASSESSMENT OF A TAX AND TO PROVIDE FOR THE DETERMINATION AND ASSESSMENT OF CERTAIN TAXES AND FOR A CLAIM FOR REFUND RESULTING FROM AN ADJUSTMENT BY THE INTERNAL REVENUE SERVICE BEFORE ONE HUNDRED EIGHTY DAYS OF NOTICE OF THE ADJUSTMENT TO THE DEPARTMENT; TO AMEND SECTION 56-3-240, RELATING TO THE CONTENT OF AN APPLICATION FOR A MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO OBTAIN A FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER WHEN A VEHICLE IS REGISTERED AS A BUS COMMON CARRIER OR WITH A GROSS WEIGHT EXCEEDING TWENTY-SIX THOUSAND POUNDS; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-420, SO AS TO PROVIDE FOR A COMMITTEE COMPOSED OF THE COUNTY TREASURER, COUNTY AUDITOR, AND COUNTY ASSESSOR TO ADDRESS AN ERRONEOUS PENALTY LEVIED AGAINST PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO PROPERTY REASSESSMENT, SO AS TO PROVIDE FOR POSTPONEMENT OF APPROVAL OF THE REASSESSMENT PROGRAM IF IMPLEMENTATION OF THE REVISED PROPERTY VALUATIONS IS POSTPONED; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS, BY ADDING SECTION 12-45-78 SO AS TO PROVIDE THAT A REFUND OF OVERPAYMENT OF REAL PROPERTY TAX RESULTING FROM THE GRANTING OF THE HOMESTEAD EXEMPTION OR RESIDENTIAL CLASSIFICATION MUST BE PAID TO THE OWNER OF RECORD AT THE TIME OF THE EXEMPTION OR CLASSIFICATION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR TAXES ON REAL ESTATE, SO AS TO PROVIDE FOR LIABILITY OF THE OWNER OR CARETAKER OF RECORD AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR; TO AMEND SECTION 12-51-40, RELATING TO LEVY OF EXECUTION AND SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE FOR EXECUTION AGAINST PROPERTY TRANSFERRED BY THE DEFAULTING TAXPAYER AND NOTICE TO THE GRANTEE OF RECORD, AND TO PROVIDE THAT THE PROPERTY MAY BE PARTITIONED BEFORE THE SALE BUT TO ELIMINATE THE REQUIREMENT OF PARTITION OF DIVISIBLE PROPERTY; TO AMEND SECTION 12-51-50, RELATING TO PROCEDURES FOR THE SALE OF PROPERTY OF A DEFAULTING TAXPAYER, SO AS TO PROVIDE FOR SALE OF PROPERTY OF THE DEFAULTING TAXPAYER AND OF A GRANTEE OF THE DEFAULTING TAXPAYER; TO AMEND SECTION 12-51-55, RELATING TO A BID SUBMITTED BY THE FORFEITED LAND COMMISSION, SO AS TO PROVIDE THAT A SALE TO THE COMMISSION IS VOIDABLE BY THE COMMISSION UPON LATER DISCOVERY THAT THE PROPERTY IS CONTAMINATED; TO AMEND SECTION 12-51-60, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND THE OWNER OF RECORD OF THE ISSUANCE OF THE TAX DEED; TO AMEND SECTION 12-51-120, RELATING TO NOTICE OF THE RUNNING OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR NOTICE TO THE DEFAULTING TAXPAYER AND A PUBLICLY RECORDED GRANTEE, MORTGAGEE, OR LESSEE; TO AMEND SECTION 12-51-130, RELATING TO EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT THE TAX TITLE INCLUDE THE NAME OF A GRANTEE OF RECORD OF THE PROPERTY AND THAT AN OVERPAYMENT BE PAID WITHIN NINETY DAYS TO THE OWNER OF RECORD; TO REPEAL ARTICLE 3, CHAPTER 49, TITLE 12, RELATING TO RIGHTS OF REAL ESTATE MORTGAGEES; TO AMEND SECTION 12-6-3510, RELATING TO THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF INVESTMENTS MADE IN A QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND A MOTION PICTURE PRODUCTION FACILITY OR POST-PRODUCTION FACILITY, SO AS TO ELIMINATE THE FIFTEEN THOUSAND DOLLAR LIMIT ON THE CREDIT FOR ONE QUALIFIED SOUTH CAROLINA MOTION PICTURE PROJECT AND TO INCREASE THE CARRY-FORWARD ON THESE CREDITS FROM FIVE TO FIFTEEN YEARS, TO CLARIFY THE ENTITIES ELIGIBLE FOR THESE CREDITS, TO PROVIDE WHEN THE CREDIT IS EARNED AND FOR RECOVERY OF UNEARNED CREDITS, TO CLARIFY WHAT CONSTITUTES "INVESTMENT" ELIGIBLE FOR THE CREDIT, AND TO CLARIFY AND MAKE MORE SPECIFIC DEFINITIONS RELATING TO THESE CREDITS; TO AMEND SECTION 12-6-1120, SO AS TO DELETE THE DISALLOWANCE OF THE EXCLUSION OF REAL PROPERTY EXCHANGES IF THE REAL PROPERTY IS LOCATED OUTSIDE THIS STATE; AND TO REPEAL SECTION 12-6-1180 RELATING TO CALCULATION OF THE BASIS FOR THE LIKE-KIND EXCHANGE OF REAL PROPERTY LOCATED OUTSIDE THIS STATE; AND TO SPECIFY VARIOUS EFFECTIVE DATES.
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(R444, S. 705 (Word version)) -- Senators Rankin and Elliott: AN ACT TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE; BY ADDING SECTION 5-37-35 SO AS TO PROVIDE THAT ASSESSMENTS, REVENUES, OR DEBT SERVICE ON BONDS WHICH MAY BE USED UNDER THE PROVISIONS OF CHAPTER 37 OF TITLE 5 TO FUND MUNICIPAL IMPROVEMENTS MAY NOT BE IMPOSED OR DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 6-21-55 SO AS TO PROHIBIT THE DEBT SERVICE ON BONDS AUTHORIZED BY CHAPTER 21 OF TITLE 6 ISSUED BY A MUNICIPALITY TO FINANCE IMPROVEMENTS UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1999 SHALL NOT IMPOSE OR BE DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 5-7-36 SO AS TO PROHIBIT AN ASSESSMENT ON RESIDENTIAL PROPERTY FOR THE IMPROVEMENT DISTRICT IMPROVEMENTS FOR ADDITIONAL POLICE, FIRE, AND GARBAGE SERVICES IN IT WHICH ARE PART OF THE PLAN, AND TO PROHIBIT AN ASSESSMENT AGAINST REAL PROPERTY WHICH QUALIFIES FOR EXEMPTION FROM AD VALOREM TAXES AS A HISTORIC FORT; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY; AND TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO INCLUDE WITHIN THE DEFINITION OF "INFRASTRUCTURE" THE PURCHASE OF LAND OR A BUILDING FOR ECONOMIC DEVELOPMENT.
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(R445, S. 1012 (Word version)) -- Senators J. Verne Smith, Fair and Anderson: AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO OFFER A FIFTY-TWO WEEK TEMPORARY PERMIT FOR A NONREFUNDABLE FEE OF THREE THOUSAND DOLLARS PER YEAR, TO PROVIDE THAT THE PERMIT MAY NOT EXTEND BEYOND THE EXPIRATION DATE OF THE BIENNIAL LICENSE ISSUED PURSUANT TO CHAPTER 6 OF TITLE 61, PROVIDE FOR THE PRORATION OF THE FEE UNDER CERTAIN CIRCUMSTANCES, INCREASE FROM TWENTY-FIVE HUNDRED TO SEVEN THOUSAND FIVE HUNDRED THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM TO BE SUBMITTED TO THE ELECTION COMMISSION NOT LESS THAN ONE HUNDRED TWENTY DAYS BEFORE THE DATE OF THE REFERENDUM, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BY THE STATE ELECTION COMMISSION BE USED, TO REQUIRE THE LOCAL ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN SIXTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
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(R446, S. 1111 (Word version)) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: AN ACT TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO PROVIDE FOR THE MANNER IN WHICH THESE SCHOOL DAYS MUST BE USED AND TO ADD ADDITIONAL DAYS TO THE SCHOOL TERM BEGINNING WITH SCHOOL YEAR 2001-2002 CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING CONSIDERING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE ALSO SHALL BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO ACCELERATE THE LEARNING OF STUDENTS READING BELOW GRADE LEVEL; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED ALSO SHALL INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH LOANS SHALL BE GRANTED TO RECIPIENTS AND FOR THE REPAYMENT OF THESE LOANS BY RECIPIENTS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION IS DIRECTED TO REVIEW THE PURPOSES AND CERTIFICATION STANDARDS OF CERTAIN NATIONAL CERTIFYING ENTITIES AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 1, 2000; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL DISTRICT TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES; AND TO AMEND SECTION 9-1-1795, RELATING TO THE EMPLOYMENT OF RETIRED TEACHERS WITHOUT THE LOSS OF RETIREMENT BENEFITS, SO AS TO REVISE THE DATE BEFORE WHICH A SCHOOL DISTRICT MAY NOT CONSIDER THE EMPLOYMENT OF SUCH A RETIRED TEACHER.
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(R447, 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: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENTAL INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS FOR STATE AND LOCAL OFFICIALS AND ENTITIES TO TAKE CERTAIN ACTIONS FOR THE ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL EXPECTATIONS FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS, AND FOR THE DISSEMINATION OF PARENTAL INFORMATIONAL MATERIALS, AND TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE IN CONJUNCTION WITH REPRESENTATIVES OF OTHER ENTITIES SHALL DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY RECOMMENDATIONS FOR EMPLOYER TAX CREDIT INCENTIVES THAT PROVIDE PARENT-EMPLOYEE RELEASE TIME FOR VARIOUS PARENTAL ACTIVITIES IN THEIR CHILD'S EDUCATION WITHOUT LOSS OF PAY.
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(R448, S. 1291 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT IN THE COUNTY IN WHICH THE MINOR OR INCAPACITATED PERSON RESIDES OR IN WHICH THE SUIT WAS BROUGHT, AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR PROBATE COURT IN THE COUNTY IN WHICH THE MINOR OR INCAPACITATED PERSON RESIDES OR IN WHICH THE SUIT WAS BROUGHT; TO ADD SECTION 27-7-40 SO AS TO PROVIDE AN ADDITIONAL METHOD TO CREATE A JOINT TENANCY WITH RIGHTS OF SURVIVORSHIP BY USING CERTAIN WORDS IN A DEED OF CONVEYANCE, TO PROVIDE CERTAIN INCIDENTS OF OWNERSHIP, TO PROVIDE FOR ITS SEVERANCE AND PROCEDURES FOR FILING; TO AMEND SECTION 62-2-804, AS AMENDED, RELATING TO THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE CERTAIN WORDS IN A WILL OR CONVEYANCE CONCLUSIVELY ESTABLISH THE RIGHT OF SURVIVORSHIP; TO AMEND SECTION 62-3-711, RELATING TO THE POWERS OF PERSONAL REPRESENTATIVES, SO AS TO PROVIDE IF A WILL DEVISES REAL PROPERTY TO A PERSONAL REPRESENTATIVE, THE REPRESENTATIVE MAY, UNDER CERTAIN CONDITIONS, EXECUTE A DEED IN FAVOR OF A PURCHASER FOR VALUE; TO AMEND SECTION 62-3-906, RELATING TO DISTRIBUTION IN KIND OF A DECEDENT'S ESTATE, SO AS TO GIVE AN EXAMPLE OF CONTRARY INTENTION INDICATED IN A WILL SUCH AS THE GRANT TO A PERSONAL REPRESENTATIVE OF A POWER OF SALE; TO AMEND SECTION 62-3-907, RELATING TO EXECUTING A DEED OF DISTRIBUTION AS EVIDENCE OF A DISTRIBUTEE'S TITLE TO PROPERTY DISTRIBUTED IN KIND, SO AS TO PROVIDE FOR THE EXECUTION OF THE DEED OF DISTRIBUTION, THE PROTECTIONS THE DEED AFFORDS IN CERTAIN SITUATIONS, AND PROCEDURES TO BE FOLLOWED BEFORE RECORDING THE DEED OF DISTRIBUTION; TO AMEND SECTION 62-3-908, RELATING TO THE RIGHTS OF THE DISTRIBUTEE, SO AS TO PROVIDE THAT AN IMPROPER DISTRIBUTION INCLUDES AN INSTANCE WHERE THE DEED OF DISTRIBUTION IS FOUND TO BE INCONSISTENT WITH THE PROVISIONS OF THE WILL OR STATUTES GOVERNING INTESTACY; TO AMEND SECTION 62-3-910, RELATING TO THE PROTECTION FOR PURCHASERS FROM DISTRIBUTEES, SO AS TO PROVIDE FOR THE INSTANCE WHERE REAL PROPERTY IS DEVISED TO A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-4-207, RELATING TO ANCILLARY ADMINISTRATION, SO AS TO CLARIFY THE APPROPRIATE PROCEDURE RELATING TO AN ANCILLARY ADMINISTRATION OF REAL PROPERTY LOCATED IN THIS STATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 62-5-408, RELATING TO THE POWERS OF PROBATE COURT WITH RESPECT TO THE ESTATE AND AFFAIRS OF PROTECTED PERSONS, SO AS TO PROVIDE A NONDISPOSITIVE LIST OF THE POWERS THE COURT HAS OVER THE ESTATE AND AFFAIRS OF A PROTECTED PERSON WHO IS NOT A MINOR, AND TO PROVIDE FOR THE PETITION AND INQUIRY OF THE COURT IN EXERCISING ITS POWERS UNDER THIS SUBSECTION; AND TO REPEAL SECTION 62-3-1202A, RELATING TO PROBATE ESTATES UNDER TEN THOUSAND DOLLARS.
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(R449, H. 3120 (Word version)) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: AN ACT TO AMEND SECTION 20-7-8325 CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO PROCEDURES FOR TAKING A JUVENILE INTO CUSTODY FOR VIOLATION OF CONDITIONAL RELEASE, SO AS TO AUTHORIZE AN AFTERCARE COUNSELOR, WITH SPECIFIED LAW ENFORCEMENT TRAINING AND CERTIFICATION, TO ALSO TAKE SUCH CHILD INTO CUSTODY; TO AMEND SECTION 20-7-8335, RELATING TO QUALIFICATIONS FOR APPOINTMENT AS A PROBATION COUNSELOR AND DUTIES THEREOF, SO AS TO AUTHORIZE A PROBATION COUNSELOR, WITH SPECIFIED LAW ENFORCEMENT TRAINING AND CERTIFICATION, TO TAKE A CHILD INTO CUSTODY PURSUANT TO AN ORDER OF THE COURT AND TO PROVIDE THAT SUCH COUNSELOR IS AN OFFICIAL REPRESENTATIVE OF THE COURT, THE DEPARTMENT, AND THE JUVENILE PAROLE BOARD WHEN PERFORMING DUTIES OF HIS APPOINTMENT; TO AMEND SECTION 23-3-120, RELATING TO LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS REPORTING CRIMINAL DATA TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, SO AS TO REQUIRE SUCH INFORMATION BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION'S CENTRAL RECORD REPOSITORY, REQUIRE FINGERPRINTING OF ALL PERSONS UNDER CUSTODIAL ARREST FOR A STATE OFFENSE AND TO REQUIRE THESE FINGERPRINTS, AND THOSE TAKEN BY THE DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, TO BE SUBMITTED TO THE REPOSITORY AND TO PROVIDE THE MANNER IN WHICH SUCH FINGERPRINTS MUST BE SUBMITTED; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO INCLUDE OFFENDERS CONVICTED OR ADJUDICATED DELINQUENT FOR VIOLENT CRIMES AND OTHER ENUMERATED OFFENSES, TO PROVIDE WHEN SUCH SAMPLES MUST BE PROVIDED, AND TO REVISE DATES FOR COLLECTION OF SUCH SAMPLES; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT, SO AS TO REQUIRE SLED TO BEGIN COLLECTING DNA SAMPLES FOR CRIMES ENUMERATED IN THAT ACT NO LATER THAN JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AS A MEMBER; AND TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL POWERS AND DUTIES OF PROBATION AGENTS, SO AS TO CLARIFY THAT SUCH AGENTS HAVE THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THIS STATE.
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(R450, H. 3358 (Word version)) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY CERTAIN FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT, AND TO PROVIDE FOR CORPORATIONS NOT-FOR-PROFIT ORGANIZATION PURSUANT TO CHAPTER 35; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED ONLY BY FEDERAL LOANS; TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36; TO PROVIDE FOR APPLICATION OF THE PROVISIONS TO PREVIOUSLY FILED CHARTERS OF CORPORATIONS NOT-FOR-PROFIT; AND TO REQUIRE THAT THE COMPANY HAVE A REGISTERED AGENT FOR SERVICE OF PROCESS OR BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, RELATING TO GENERAL PROVISIONS REGARDING SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE FIRE PROTECTION SERVICES, ALSO TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE AREA WITHIN ITS BOUNDARIES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES; TO AMEND SECTION 6-25-70, AS AMENDED, RELATING TO MEMBERSHIP CHANGES IN JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REQUIRE APPROVAL OF THE APPLICATION FOR MEMBERSHIP BY RESOLUTION OF THE COMMISSION MANAGING THE SYSTEM; AND TO AMEND SECTION 33-56-90, AS AMENDED, RELATING TO DISCLOSURE OF STATUS AS A PROFESSIONAL SOLICITOR OF CHARITABLE FUNDS, SO AS TO CLARIFY THAT THE DISCLOSURE IS REQUIRED OF A "PAID" SOLICITOR.
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(R451, H. 3393 (Word version)) -- Reps. Law, H. Brown and Young-Brickell: AN ACT TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT OR AN OUTBOARD MOTOR MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
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(R452, H. 3465 (Word version)) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: AN ACT 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; TO AMEND SECTION 20-1-250, RELATING TO CONSENT TO MARRY, SO AS TO PROVIDE IF EITHER APPLICANT IS UNDER EIGHTEEN, CONSENT OF A RELATIVE OR GUARDIAN IS REQUIRED BEFORE A MARRIAGE LICENSE IS ISSUED; AND TO AMEND SECTION 20-7-7810, RELATING TO JUVENILE COMMITMENT, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT OF A STATUS OFFENSE, EXCLUDING TRUANCY, OR WHO IS IN CONTEMPT OF COURT FOR VIOLATING A COURT ORDER CONCERNING SCHOOL ATTENDANCE OR THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE, OR WHO IS DETERMINED BY A COURT TO HAVE VIOLATED CONDITIONS OF PROBATION SET FORTH IN A COURT ORDER CONCERNING THE ADJUDICATION OF DELINQUENCY FOR A STATUS OFFENSE INCLUDING TRUANCY MAY BE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, AND TO PROVIDE FOR THE INCLUSION OF CERTAIN INFORMATION IN THE COURT'S ORDER.
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(R453, H. 3649 (Word version)) -- Rep. Tripp: AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, TO REGULATE THE EXPENDITURE OF THESE FUNDS, TO REDUCE THE SALES AND USE TAX ON FOOD ITEMS WHICH MAY LAWFULLY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO ESTABLISH A PILOT DRUG TREATMENT COURT PROGRAM IN THE THIRD JUDICIAL CIRCUIT AND PROVIDE FOR ITS OPERATION; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION; 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 AND SPECIFY THAT SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1515, AS AMENDED, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE IN-SERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION AND TO SPECIFY THAT EARLY SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 59-149-10 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-470, SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS; TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, AS AMENDED, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM; TO AMEND SECTION 20-7-670, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AND OTHER AGENCIES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO DELETE REFERENCES TO REMEDIAL ACTION BY THE STATE LAW ENFORCEMENT DIVISION IN THE INVESTIGATION OF ABUSE AND NEGLECT IN FACILITIES OF THE DEPARTMENT OF JUVENILE JUSTICE, TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A RESIDENTIAL TREATMENT FACILITY OR INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND PROVIDE FOR THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES IN THESE MATTERS; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION; TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF SEVENTY AND ONE-HALF YEARS WITH FORTY YEARS SERVICE TO RECEIVE RETIREMENT BENEFITS WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY WITHOUT COMPENSATION, TO PROVIDE THAT A MEMBER RECEIVING THESE BENEFITS MAKES NO FURTHER CONTRIBUTIONS TO OR ACCRUES SERVICE CREDIT IN THE SYSTEM, AND TO PROVIDE THAT THIS ELECTION TO RECEIVE RETIREMENT BENEFITS IS IRREVOCABLE.
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(R454, H. 3693 (Word version)) -- Reps. J. Smith, Lourie and W. McLeod: AN ACT TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
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(R455, 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: AN ACT 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 FOR THE CREATION OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET IS DISTRIBUTED; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE APPLICANTS RECEIVE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET; 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; 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; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, BY ADDING SECTION 53-3-45 SO AS TO PROVIDE FOR A FAMILY RESPECT DAY ON THE FRIDAY IMMEDIATELY PRECEDING MOTHER'S DAY; TO ADD SECTION 53-3-150 TO PROVIDE THAT THE WEEK WHICH INCLUDES THE ELEVENTH DAY OF NOVEMBER IN EACH YEAR IS DESIGNATED AS "PATRIOTISM WEEK" IN SOUTH CAROLINA AND TO PROVIDE THE GOVERNOR SHALL ISSUE COMMEMORATIVE PROCLAMATIONS AND SCHOOL DISTRICTS AND PUBLIC AGENCIES AND POLITICAL SUBDIVISIONS SHALL BE ENCOURAGED TO OBSERVE THE WEEK; TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000", BY ADDING SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT ANNUAL IN-SERVICE TRAINING FOR TEACHERS AND ADMINISTRATORS REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-135 SO AS TO PROVIDE SCHOOL BOARDS MUST DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION AND ENCOURAGE STUDENTS TO EXHIBIT APPROPRIATE AND RESPECTFUL CONDUCT TOWARD PUBLIC SCHOOL EMPLOYEES.
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(R456, H. 3808 (Word version)) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: AN ACT TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL; AND TO AMEND SECTION 33-44-211, RELATING TO LIMITED LIABILITY COMPANIES SUBMITTING ANNUAL REPORTS TO THE SECRETARY OF STATE, SO AS TO CHANGE THE DATE FOR SUBMITTING SUCH REPORTS ON OR BEFORE THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR.
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(R457, H. 3927 (Word version)) -- Reps. Sharpe and Knotts: AN ACT TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE REDUCTION GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE, TO REVISE THE STATE RECYCLE GOAL TO BE THIRTY-FIVE PERCENT OF MUNICIPAL SOLID WASTE, AND TO DEFINE "MUNICIPAL SOLID WASTE"; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO INCLUDE DEVELOPMENT OF PROGRAMS FOR HOUSEHOLD HAZARDOUS MATERIALS MANAGEMENT AND TO ESTABLISH REDUCTION AND RECYCLING EDUCATION GRANTS FOR SCHOOLS AND COLLEGES; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND, SO AS TO INCLUDE FUNDING FOR GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAMS AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND TO THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM, SO AS TO SPECIFY THAT GRANT FUNDS TO SCHOOLS AND COLLEGES MUST BE USED FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAMS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON THEIR SOURCE SEPARATION AND RECYCLING PROGRAMS; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSAL OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME OR HOT DRAINED; TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO AUTHORIZE A TIPPING FEE OF ONE HUNDRED FIFTY DOLLARS PER TON OF WASTE TIRES, TO PROHIBIT DISPOSAL OF WASTE TIRES AT ANY FACILITY OTHER THAN A PERMITTED SOLID WASTE DISPOSAL FACILITY, TO RECOMMEND THAT WASTE TIRES BE MANAGED AT CERTAIN FACILITIES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS ON WASTE TIRES DELIVERED TO A FACILITY OUT OF STATE, TO AUTHORIZE WASTE TIRE TRUST FUND MONIES TO BE USED TO PROMOTE THE RECYCLING OF WASTE TIRES, AND TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS ESTABLISHING RECORDKEEPING AND REPORTING REQUIREMENTS FOR TIRE HAULERS AND MANAGEMENT AND DISPOSAL FACILITIES; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST A NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO CERTAIN PROCEDURES AND STANDARDS FOR PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO CERTAIN PROCEDURES AND STANDARDS FOR PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO DELETE OBSOLETE TIMELINES; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE CERTAIN APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REVISE THE DATE FOR SUBMITTING THE ANNUAL REPORT; AND TO ADD SECTION 44-96-165 SO AS TO REQUIRE THE DEPARTMENT TO HAVE AN INDEPENDENT AUDIT CONDUCTED ON THE REVENUES AND DISBURSEMENTS FROM THE SOLID WASTE MANAGEMENT TRUST FUND, THE WASTE TIRE TRUST FUND, AND THE PETROLEUM FUND.
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(R458, H. 4003 (Word version)) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: AN ACT TO AMEND SECTION 20-7-6605 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE "CRIMINAL JUSTICE PURPOSE"; TO AMEND SECTION 20-7-7205, RELATING TO TAKING A JUVENILE INTO CUSTODY FOR VIOLATING A CRIMINAL LAW, SO AS TO REVISE A TERM AND CLARIFY A CROSS REFERENCE; TO AMEND SECTION 20-7-8505, AS AMENDED, AND SECTIONS 20-7-8510 AND 20-7-8515, ALL RELATING TO THE CONFIDENTIALITY AND DISCLOSURE OF JUVENILE RECORDS AND SECTION 20-7-8520, AS AMENDED, RELATING TO THE DESTRUCTION OF JUVENILE RECORDS, ALL SO AS TO REORGANIZE PROVISIONS RELATING TO SUCH RECORDS AND, AMONG OTHER THINGS, TO REVISE AGENCIES AMONG WHICH INFORMATION MAY BE PROVIDED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF JUVENILE JUSTICE TO ENTER INTO INTERAGENCY AGREEMENTS FOR THE PURPOSE OF SHARING INFORMATION, TO REQUIRE THE DEPARTMENT TO PROVIDE RECORDS AND RECOMMENDATIONS PRODUCED BY DISPOSITIONAL HEARINGS TO VARIOUS PARTIES UNDER CERTAIN CIRCUMSTANCES; TO REVISE AND CLARIFY THE CIRCUMSTANCES UNDER WHICH FINGERPRINTS AND PHOTOGRAPHS MAY BE TAKEN AND WHEN FINGERPRINTS AND PHOTOGRAPHS ARE REQUIRED TO BE TAKEN; TO CLARIFY THE CONDITIONS UNDER WHICH RECORDS AND OTHER INFORMATION MAY BE RELEASED, TO REQUIRE THE PROVISION OF INCIDENT REPORTS TO VICTIMS AND SCHOOL PRINCIPALS UNDER CERTAIN CIRCUMSTANCES, TO AUTHORIZE THE RELEASE OF THE NAME, IDENTITY, OR PICTURE OF A CHILD UNDER THE JURISDICTION OF THE COURT IF THE SOLICITOR HAS PETITIONED THE COURT TO WAIVE THE CHILD TO CIRCUIT COURT; TO ADD SECTION 20-7-8525 SO AS TO INCORPORATE INTO THIS SECTION THE PROVISIONS OF SECTION 20-7-8520 REGARDING THE DESTRUCTION AND EXPUNGEMENT OF JUVENILE RECORDS AND TO ADD A CONDITION UNDER WHICH RECORDS MAY NOT BE DESTROYED; AND TO ADD SECTION 24-9-50 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES RESPONSIBLE FOR DETENTION FACILITIES TO REPORT DATA TO THE DEPARTMENT OF CORRECTIONS FOR THE CLASSIFICATION AND MANAGEMENT OF INMATES AND FOR THE OPERATION AND MANAGEMENT OF A STATEWIDE JAIL INFORMATION SYSTEM AND TO PROVIDE FOR THE FORM IN WHICH SUCH DATA IS TO BE REPORTED.
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(R459, H. 4277 (Word version)) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-1-667 AND 1-1-701 SO AS TO DESIGNATE CERTAIN STATE EMBLEMS OR SYMBOLS.
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(R460, H. 4295 (Word version)) -- Rep. Campsen: AN ACT TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150 AND TO PROVIDE A SEPARATE NO WAKE ZONE AT THE CHEROKEE PLANTATION ON THE COMBAHEE RIVER IN COLLETON COUNTY.
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(R461, H. 4426 (Word version)) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES, INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES, THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES FOR THESE COMPUTERS INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING OBSCENE MATERIAL; TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM USING INTERNET FILTERING SOFTWARE IN COMPUTERS IN CERTAIN LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE ACCESS TO WEB SITES DISPLAYING PORNOGRAPHY AND OBSCENE MATERIAL, TO ASSESS THE FEASIBILITY OF INSTALLING SUCH SOFTWARE IN COMPUTERS IN OTHER LIBRARIES AND INSTITUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM MUST BE OPERATED; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO LOSSES A GOVERNMENTAL ENTITY IS NOT LIABLE FOR, SO AS TO INCLUDE LOSSES RESULTING FROM THE GOVERNING BOARD OF CERTAIN LIBRARIES FAILING TO ADOPT COMPUTER USE POLICIES AS REQUIRED BY SECTION 10-1-205.
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(R462, H. 4460 (Word version)) -- Rep. McGee: AN ACT TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LARCENY FOR FAILURE TO RETURN RENTED OBJECTS, SO AS TO INCLUDE CLOTHING AND FORMAL WEAR TO THE LIST OF RENTAL ITEMS INCLUDED IN THIS OFFENSE; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 27-39-230, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE; TO AMEND SECTION 27-37-10, RELATING TO THE GROUNDS FOR EJECTMENT OF TENANTS, SO AS TO PROVIDE UNDER CERTAIN CONDITIONS FOR RESIDENTIAL RENTAL AGREEMENTS THAT THE NONPAYMENT OF RENT WITHIN FIVE DAYS OF THE DATE DUE CONSTITUTES LEGAL NOTICE THAT THE LANDLORD MAY BEGIN EJECTMENT PROCEEDINGS; TO AMEND SECTION 27-37-30, AS AMENDED, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO DEFINE ABANDONED AS IN RESIDENTIAL RENTAL AGREEMENTS AND IN NONRESIDENTIAL RENTAL AGREEMENTS, TO PROVIDE THAT PERSONAL SERVICE OF THE RULE MUST BE ATTEMPTED TWO TIMES INSTEAD OF THREE TIMES, TO PROVIDE THE RULE MUST BE AFFIXED TO THE MOST CONSPICUOUS PART OF THE PREMISES ON THE FIRST UNSUCCESSFUL ATTEMPT AT PERSONAL SERVICE, AND TO PROVIDE THE SPECIFIED TIME PERIOD BEGINS TO RUN AT THE TIME OF CONTACT IF THE TENANT CONTACTS THE COURT BEFORE THE ELEVENTH DAY FROM THE TIME OF MAILING THE RULE.
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(R463, H. 4555 (Word version)) -- Reps. J. Smith and Walker: AN ACT TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD; TO AMEND SECTION 59-4-20, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, SO AS TO REORDER THESE DEFINITIONS ALPHABETICALLY, TO DELETE THE DEFINITION OF THE STATE BUDGET AND CONTROL BOARD AND TO DEFINE STATE TREASURER; TO AMEND SECTIONS 59-4-30, 59-4-40, 59-4-60, AND 59-4-70 ALL RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS ADMINISTRATION, SO AS TO TRANSFER THE PROGRAM FROM THE BUDGET AND CONTROL BOARD TO THE OFFICE OF THE STATE TREASURER AND TO AMEND REFERENCES TO CONFORM; AND TO TRANSFER ALL FUNDS, APPROPRIATIONS, PERSONAL PROPERTY, AND PERSONNEL OF THE TUITION PREPAYMENT PROGRAM FROM THE BUDGET AND CONTROL BOARD TO THE OFFICE OF THE STATE TREASURER AND TO CARRY OVER POLICIES, PROCEDURES, AND REGULATIONS UNTIL SUCH ARE OTHERWISE REVISED.
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(R464, H. 4684 (Word version)) -- Rep. Jennings: AN ACT TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED OR TRANSFERRED TO ANOTHER TERM OF COURT BY THE PRESIDING JUDGE; TO AMEND SECTION 14-25-15, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PROVIDE THE MUNICIPAL COUNCIL MUST NOTIFY COURT ADMINISTRATION OF THE APPOINTEES' NAMES, TO PROVIDE FOR TRAINING PROGRAMS, CERTIFICATION, AND RECERTIFICATION EXAMS FOR MUNICIPAL JUDGES BASED ON STANDARDS ESTABLISHED BY THE SUPREME COURT, TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM THESE REQUIREMENTS BASED UPON EXPERIENCE OR EDUCATION FACTORS, TO ESTABLISH A SCHEDULE FOR PASSING THE EXAMINATION DEPENDING ON THE COUNTY OF RESIDENCE AND THE DATE APPOINTED AS JUDGE, TO PROVIDE FOR TAKING A RECERTIFICATION EXAMINATION EVERY EIGHT YEARS, TO PROVIDE A VACANCY IN THE OFFICE EXISTS IF A MUNICIPAL JUDGE FAILS TO COMPLY WITH THESE REQUIREMENTS, TO PROVIDE A CONTINUING EDUCATION PROGRAM FOR MUNICIPAL JUDGES AS ESTABLISHED BY THE SUPREME COURT, AND TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM ATTENDING CONTINUING EDUCATION PROGRAMS BASED UPON EXPERIENCE OR EDUCATION FACTORS; TO AMEND SECTION 14-25-115, RELATING TO THE OFFICE OF MINISTERIAL RECORDER, SO AS TO AUTHORIZE THE RECORDER TO SET AND ACCEPT BOND; TO ADD SECTION 14-25-180, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MUNICIPAL JUDGE; TO ADD SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE; TO ADD SECTION 17-23-162, SO AS TO PROVIDE THAT THE AFFIANT LISTED ON THE ARREST WARRANT OR THE CHIEF INVESTIGATING OFFICER MUST BE PRESENT TO TESTIFY AT THE PRELIMINARY HEARING OF THE PERSON ARRESTED PURSUANT TO THE WARRANT; AND TO ADD SECTION 22-2-135, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MAGISTRATE.
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(R465, H. 4751 (Word version)) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: AN ACT TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION; TO AMEND SECTION 7-5-440, AS AMENDED, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION; TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED NOT 7-LATER THAN TWELVE O'CLOCK NOON ON AUGUST THIRTIETH TO THE STATE ELECTION COMMISSION, OR IF AUGUST THIRTIETH FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY; TO AMEND SECTION 13-430, AS AMENDED, RELATING TO THE USE OF BALLOTS WHEN VOTING MACHINES ARE NOT USED, SO AS TO REVISE LANGUAGE RELATING TO THE NUMBER OF BALLOTS TO BE PROVIDED WHEN VOTING MACHINES ARE NOT USED AND TO PROVIDE FOR FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPALWIDE OFFICES, NOT TO EXCEED FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT EACH VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO THE NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO CHANGE THE REQUIREMENT FOR ONE VOTING MACHINE FOR EACH THREE HUNDRED FIFTY VOTERS TO TWO HUNDRED FIFTY VOTERS; TO AMEND SECTION 7-13-1750, AS AMENDED, RELATING TO PREPARATION AND EXAMINATION OF VOTING MACHINES FOR AN ELECTION, SO AS TO REQUIRE NOTICE AS TO THE TIME AND PLACE WHERE VOTING MACHINES WILL BE PREPARED FOR AN ELECTION BE MAILED TO EACH POLITICAL PARTY HAVING CERTIFIED CANDIDATES, RATHER THAN TO THE TWO POLITICAL PARTIES WHICH CAST THE HIGHEST AND NEXT HIGHEST NUMBER OF VOTES AT THE PRECEDING GENERAL ELECTION, BEFORE THE MACHINES ARE PREPARED FOR AN ELECTION, AND TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING POLLS SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO THE LOCKING AND SEALING OF VOTING MACHINES WHEN THE POLLS OF ELECTION ARE CLOSED, SO AS TO PROVIDE FOR LOCKING OR SEALING OF VOTING MACHINES, AND FOR VIEWING AND CERTIFYING THE RESULTS OF ELECTIONS, AND TO PROVIDE FOR THE RETURN OF PROVISIONAL AND FAILSAFE BALLOTS WITH MACHINE RESULTS; TO AMEND SECTION 7-13-1890, RELATING TO KEYS AND LOCKING VOTING MACHINES AFTER AN ELECTION, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW AS WELL AS A PERSON'S SPOUSE, PARENTS, CHILDREN, BROTHERS, AND SISTERS; AND TO REPEAL SECTION 7-13-620, RELATING TO THE NUMBER OF BALLOTS WHEN VOTING MACHINES ARE NOT USED.
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(R466, H. 4775 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2000 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX SALES OF CLOTHING, CLOTHING ACCESSORIES, FOOTWEAR, SCHOOL SUPPLIES, AND COMPUTERS DURING A PERIOD BEGINNING 12:01 A.M. ON THE FIRST FRIDAY IN AUGUST AND ENDING AT TWELVE MIDNIGHT THE FOLLOWING SUNDAY, TO PROVIDE EXCEPTIONS, AND TO REQUIRE THE DEPARTMENT OF REVENUE BEFORE JULY TENTH OF EACH YEAR TO PUBLISH AND MAKE AVAILABLE TO THE PUBLIC AND RETAILERS A LIST OF THE ARTICLES QUALIFYING FOR THIS EXEMPTION; BY ADDING SECTION 8-23-110 SO AS TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO ENSURE THAT APPROPRIATE DEFERRED COMPENSATION PLAN DOCUMENTS ALLOW EMPLOYER CONTRIBUTIONS, TO ALLOW POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS, PARTICIPATING IN STATE DEFERRED COMPENSATION PLANS OR IN SUCH PLANS OF OTHER PROVIDERS TO MAKE EMPLOYER CONTRIBUTIONS, AND TO PROVIDE FOR MATCHING OR OTHER CONTRIBUTIONS BY THE STATE TO STATE EMPLOYEES PARTICIPATING IN SUCH PLANS TO THE EXTENT FUNDS ARE APPROPRIATED FOR THIS PURPOSE, AND TO PROVIDE THAT THE AMOUNT, TERMS, AND CONDITIONS OF THE CONTRIBUTIONS MUST BE DETERMINED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 59-149-50, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA AND ADJUST FISCAL YEAR 2000-2001 APPROPRIATIONS TO REFLECT THIS CHANGE IN ELIGIBILITY; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA, AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM; TO AMEND SECTION 9-1-1795, RELATING TO AN EXCEPTION TO THE EARNINGS LIMITATION APPLICABLE TO COVERED EMPLOYMENT OF A RETIRED CERTIFIED TEACHER, SO AS TO CHANGE FROM JULY 15 TO MAY 31 OF EACH YEAR THE TIME BEFORE WHICH A MEMBER OF THE SYSTEM MAY NOT BE CONSIDERED FOR EMPLOYMENT BY A SCHOOL DISTRICT; TO AMEND SECTION 59-118-30, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT WHERE MATCHING STATE FUNDS ARE PROVIDED TO QUALIFYING COLLEGES AND UNIVERSITIES FOR ENDOWMENT GIFTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING COLLEGE OR UNIVERSITY" TO INCLUDE TWO-YEAR STATE-SUPPORTED INSTITUTIONS INCLUDING COLLEGE OR UNIVERSITY REGIONAL CAMPUSES; BY ADDING SECTION 51-13-765, SO AS TO ALLOW THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO MAINTAIN SPECIAL ACCOUNTS WHICH RETAIN AND CARRY OVER FUNDS FROM YEAR TO YEAR, TO HOLD ALL SPECIAL ACCOUNT EARNINGS AND INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND TO REQUIRE ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES FROM THESE ACCOUNTS; TO AMEND SECTION 56-3-2332, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS; TO AMEND SECTION 1-11-710, AS AMENDED, RELATING TO DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN ESTABLISHING AND MAINTAINING THE STATE GROUP HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE PLANS, SO AS TO REQUIRE A PUBLIC HEARING BEFORE THE BOARD MAY INCREASE EMPLOYEE PAID PREMIUMS OR REDUCE BENEFITS IN THE HEALTH AND DENTAL INSURANCE PLANS, TO PROHIBIT ANY SUCH ADJUSTMENTS IN THE HEALTH AND DENTAL INSURANCE PLANS EXCEPT WHILE THE GENERAL ASSEMBLY IS MEETING IN REGULAR SESSION, AND TO ADJUST EMPLOYEE CONTRIBUTIONS, DEDUCTIBLES, AND COPAYMENTS IN THE STATE HEALTH INSURANCE PLAN EFFECTIVE JANUARY 1, 2001; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO THE SALE OF CERTAIN HUNTING LICENSES, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A TEN-DAY NONRESIDENTIAL BIG GAME PERMIT; TO AMEND SECTION 59-31-360, RELATING TO WAIVER OF TEXTBOOK RENTAL CHARGES BY THE STATE DEPARTMENT OF EDUCATION, SO AS TO ALLOW THE WAIVER FOR KINDERGARTEN, AS WELL AS GRADES ONE THROUGH TWELVE; BY ADDING SECTION 59-47-120 SO AS TO ALLOW THE SCHOOL FOR THE DEAF AND THE BLIND TO REQUIRE TEACHING OR CLINICAL STAFF EMPLOYED BY THE SCHOOL WHO ATTEND ADVANCED TRAINING PAID FOR BY THE SCHOOL TO CONTRACT WITH THE SCHOOL TO REMAIN IN EMPLOYMENT FOR A MINIMUM OF ONE YEAR BEYOND COMPLETION OF THE TRAINING, AND TO REIMBURSE THE SCHOOL FOR EXPENSES INCURRED FOR THE TRAINING IF THE EMPLOYEE BREACHES THE CONTRACT, AND TO PROVIDE FOR THE DEFINITION OF "ADVANCED TRAINING" BY REGULATION; TO AMEND CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING ARTICLE 12 SO AS TO ENACT "THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT ACT"; TO AMEND SECTION 9-9-50, AS AMENDED, RELATING TO CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE CREDITED SERVICE PROVISIONS SPECIFIC TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT GENERAL ASSEMBLY MEMBERS MAY ESTABLISH SERVICE CREDIT AT THE SAME COST AND UNDER THE SAME CONDITIONS AS MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM MAY ESTABLISH SERVICE; BY ADDING SECTION 1-1-1035 SO AS TO PROVIDE THAT NO STATE FUNDS OR MEDICAID FUNDS SHALL BE EXPENDED TO PERFORM ABORTIONS, EXCEPT FOR THOSE ABORTIONS AUTHORIZED BY FEDERAL LAW UNDER THE MEDICAID PROGRAM; BY ADDING SECTION 8-23-115 SO AS TO PROVIDE THAT AS AN ADDITIONAL BENEFIT FOR STATE EMPLOYEES, PARTICIPATING IN THE DEFERRED COMPENSATION PLAN, THE DEFERRED COMPENSATION COMMISSION SHALL ENSURE THAT CONTRACTS ENTERED INTO WITH THIRD PARTY VENDORS INCLUDE PROVISIONS THAT DIRECT THE VENDOR TO PROVIDE CONSULTATIVE SERVICES FOR PLAN PARTICIPANTS; TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150 RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 59-125-95 SO AS TO PROVIDE THAT AS EXISTING CAPACITY ALLOWS, WINTHROP UNIVERSITY MAY OFFER GRADUATE-LEVEL IN-STATE TUITION TO RESIDENTS OF THE MEMBER COUNTIES OF THE CAROLINAS PARTNERSHIP FOR ECONOMIC DEVELOPMENT, AS LONG AS NO NEW SECTION OF ANY SCHEDULED CLASS IS REQUIRED TO BE OPENED TO ACCOMMODATE SUCH STUDENTS AND NO QUALIFIED SOUTH CAROLINA GRADUATE STUDENT SHALL LOSE A POSITION IN A CLASS DUE TO A NORTH CAROLINA STUDENT; TO AMEND SECTION 59-48-20, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, SO AS TO PROVIDE FOR SIX ADDITIONAL MEMBERS OF THE BOARD; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 130, SO AS TO ENACT THE "SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT", WHICH INCLUDES PROVISIONS TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM; TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE YEARS WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL; TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM; TO AUTHORIZE EXPANSION OF THE PROGRAM UNDER CERTAIN CONDITIONS; TO PROVIDE THAT THE PROGRAM MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A MEDICAID WAIVER TO EXPAND PRESCRIPTION DRUG SERVICES TO MEDICARE BENEFICIARIES; BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND THE PROVISION OF SCREENING INFORMATION AND TO PROVIDE AN EXCEPTION; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH SCREENING REPORTING PROCEDURES FOR HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE SCREENINGS AND INTERVENTIONS EFFECTIVENESS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; TO REQUIRE THE DEPARTMENT TO ESTABLISH REIMBURSEMENT PROCEDURES FOR EXPENSES INCURRED; AND TO PROVIDE THAT RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS SECTION MUST BE FUNDED FROM PROCEEDS OF THE TOBACCO SETTLEMENT AGREEMENT; BY ADDING SECTION 44-7-78, SO AS TO PROVIDE THAT AN ENTITY THAT OPERATES A HEALTH CARE FACILITY REQUIRING A CERTIFICATE OF NEED MAY DEVELOP AND OPERATE FACILITIES, PROGRAMS, AND SERVICES IN ANY LOCATION WHERE SUCH FACILITIES, PROGRAMS, OR SERVICES SUPPORT THE ENTITY OR PROVIDE SERVICES TO RESIDENTS IF ALL OTHER STATUTORY AND REGULATORY REQUIREMENTS ARE MET; TO AMEND TITLE 44 BY ADDING CHAPTER 128 SO AS TO ENACT THE "SOUTH CAROLINA YOUTH SMOKING PREVENTION ACT", INCLUDING REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A YOUTH SMOKING PREVENTION PLAN WHICH MAY INCLUDE AWARDING GRANTS TO LOCAL AGENCIES, ORGANIZATIONS, AND ENTITIES, TO PROVIDE THAT THE RESPONSIBILITIES OF THE DEPARTMENT UNDER THIS CHAPTER MUST BE FUNDED FROM PROCEEDS RECEIVED FROM THE TOBACCO SETTLEMENT AGREEMENT, AND TO ESTABLISH THE SOUTH CAROLINA YOUTH SMOKING PREVENTION ADVISORY COMMISSION TO ADVISE THE DEPARTMENT IN THE IMPLEMENTATION OF THIS ACT AND PROVIDE FOR ITS MEMBERSHIP; TO AMEND SECTION 6-5-10, AS AMENDED, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS RECEIVING MEDICAID FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY ARE AUTHORIZED TO UTILIZE APPROPRIATED FUNDS AND OTHER MONIES TO PARTICIPATE IN CERTAIN INVESTMENTS AND TO PROVIDE THAN NO MORE THAN FORTY PERCENT OF THE FUNDS AND OTHER MONIES MAY BE INVESTED IN THE MANNER PROVIDED HEREIN; TO AMEND TITLE 51, BY ADDING CHAPTER 18 TO ESTABLISH THE WAR BETWEEN THE STATES HERITAGE TRUST PROGRAM; TO AMEND SECTION 12-6-5060, RELATING TO CHARITABLE CONTRIBUTIONS ALLOWED ON STATE INDIVIDUAL INCOME TAX RETURNS, SO AS TO ALLOW CONTRIBUTIONS TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND, AND TO AMEND SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY HELD IN TRUST PURSUANT TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO ASSESSMENTS IMPOSED IN MUNICIPAL COURT, SO AS TO INCREASE THE ASSESSMENT FROM SEVENTY-FOUR PERCENT OF THE FINE IMPOSED TO ONE HUNDRED PERCENT, TO PROVIDE THAT THE ADDITIONAL MONIES COLLECTED ARE REMITTED TO THE STATE TREASURER FOR THE GOVERNOR'S TASK FORCE ON LITTER, AND TO EXEMPT THE EXPENDITURE OF THESE FUNDS FROM THE PROVISIONS OF CHAPTER 35 OF TITLE 11; TO PROVIDE FOR MONIES TO THE DEPARTMENT OF JUVENILE JUSTICE FOR REDUCTION OF NONSTATE COSTS OF OPERATING JUVENILE DETENTION CENTERS; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO ELIMINATE THE REQUIREMENT THAT A PORTION OF THE FINES IMPOSED FOR VIOLATIONS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL PROGRAM; TO AMEND ARTICLE 11, CHAPTER 1, TITLE 13, RELATING TO THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE WORD "ADVISORY" FROM THE DESIGNATION OF THE COUNCIL, TO PROVIDE FOR MEMBERSHIP ON THE COUNCIL OF THE SOUTH CAROLINA RESEARCH AUTHORITY IN THE PLACE OF THE SMALL AND MINORITY BUSINESS EXPANSION COUNCIL, TO INCLUDE OTHER ECONOMIC DEVELOPMENT PROJECTS IN GRANT APPROVALS, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-10-85, RELATING TO THE PURPOSE AND USE OF STATE RURAL INFRASTRUCTURE FUNDS, SO AS TO SPECIFY QUALIFYING INFRASTRUCTURE AND OTHER ECONOMIC DEVELOPMENT ACTIVITIES AND TO REDEFINE "LOCAL GOVERNMENT" TO MEAN A COUNTY OR GROUP OF COUNTIES PURSUANT TO SECTION 4-9-20 INSTEAD OF A MUNICIPALITY ORGANIZED PURSUANT TO TITLE 5; BY ADDING SECTION 59-111-75 SO AS TO AUTHORIZE THE MILITARY DEPARTMENT THROUGH THE ADJUTANT GENERAL TO DEVELOP A LOAN REPAYMENT PROGRAM WHEREBY TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR ENLISTING OR REMAINING IN THE SOUTH CAROLINA NATIONAL GUARD IN AREAS OF CRITICAL NEED, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM; TO AMEND SECTION 12-36-140, RELATING TO THE DEFINITIONS OF "STORAGE" AND "USE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT AND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO CLARIFY THAT THE SOUTH CAROLINA SALES AND USE TAX DOES NOT APPLY TO THE DISTRIBUTION OF DIRECT MAIL ADVERTISING MATERIALS WHICH ARE DISTRIBUTED IN THIS STATE BY ANY PERSON ENGAGED IN THE BUSINESS OF PROVIDING COOPERATIVE DIRECT MAIL ADVERTISING; TO AMEND SECTIONS 9-1-10, 9-1-470, 9-1-1140, 9-1-1540, 9-1-1650, ALL AS AMENDED, 9-1-1660, AND 9-1-1910, ALL RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER, AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE RETIREMENT PAYMENT PROVISIONS UPON THE DEATH OF A RETIRED MEMBER, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT; TO AMEND SECTIONS 9-11-10, 9-11-40, 9-11-50, 9-11-60, 9-11-70, 9-11-80, ALL AS AMENDED, 9-11-130 AND 9-11-210, AS AMENDED, 9-11-220, ALL RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS; TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-11-150, AS AMENDED, 9-11-110, AS AMENDED, AND 9-1-1660, RELATING TO OPTIONAL ALLOWANCES FOR BENEFICIARIES FOR RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND PAYMENTS TO BENEFICIARIES FOLLOWING IN-SERVICE DEATH OF MEMBERS OF THESE SYSTEMS, SO AS TO REVISE THE OPTIONS AND MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 1-11-730, AS AMENDED, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE EMPLOYEE HEALTH INSURANCE PLANS AND THE COSTS FOR SUCH EMPLOYEES, SO AS TO PROVIDE COVERAGE FOR CERTAIN PERSONS WHO HAVE RETURNED TO STATE SERVICE AFTER TERMINATING BEFORE RETIREMENT; TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330, ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO EXTEND THE DATE BY WHICH A JUDGE OR SOLICITOR MAY RETIRE TO THE END OF THE CALENDAR YEAR IN WHICH THE JUDGE OR SOLICITOR ATTAINS THE AGE OF SEVENTY-TWO YEARS RATHER THAN UPON ATTAINING AGE SEVENTY-TWO; TO AMEND TITLE 11, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 49 SO AS TO ENACT THE "TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT" PROVIDING FOR THE ESTABLISHMENT OF A STATE INSTRUMENTALITY TO RECEIVE PAYMENTS FROM TOBACCO PRODUCT MANUFACTURERS UNDER THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND TOBACCO PRODUCT MANUFACTURERS, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE RECEIPT, ALLOCATION, SECURITIZATION, AND DISPOSITION OF THESE PAYMENTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR AUTHORIZED PURPOSES TO BE SECURED BY AND PAID SOLELY FROM THESE PAYMENTS; TO PROVIDE FOR THE DISPOSITION OF THESE PAYMENTS NOT NEEDED FOR THE EXPENSES OF THE INSTRUMENTALITY OR FOR DEBT SERVICE ON THE BONDS; TO AMEND SECTIONS 1-23-10, 8-13-770, AND 15-78-60, ALL AS AMENDED, RELATING TO THE DEFINITION OF STATE AGENCY FOR PURPOSES OF COVERAGE AND EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT, THE BOARDS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, AND THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO EXEMPT THE AUTHORITY FROM THE ADMINISTRATIVE PROCEDURES ACT, TO ALLOW MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON THE AUTHORITY, TO ADD AN EXCEPTION TO THE TORT CLAIMS ACT FOR THE ACTIONS OF THE AUTHORITY, AND TO MAKE THESE PROVISIONS SEVERABLE, BY ADDING SECTION 11-11-170 SO AS TO CREATE IN THE STATE TREASURY THE HEALTHCARE TOBACCO SETTLEMENT FUND, THE TOBACCO COMMUNITY TRUST FUND, THE TOBACCO SETTLEMENT ECONOMIC DEVELOPMENT FUND, AND THE TOBACCO SETTLEMENT LOCAL GOVERNMENT FUND AS FUNDS SEPARATE FROM ALL OTHER FUNDS AND TO CREDIT TO THESE FUNDS IN STATED PERCENTAGES ALL REVENUE RECEIVED BY THIS STATE FROM THE MASTER SETTLEMENT AGREEMENT OR BOND PROCEEDS DERIVED FROM THE SECURITIZATION OF THESE PROCEEDS; TO PROVIDE THAT EARNINGS ON THESE FUNDS ARE CREDITED TO THEM, TO PROVIDE FOR THE USE OF FUND PROCEEDS, INCLUDING HEALTH PROGRAMS, LOSS REIMBURSEMENTS TO TOBACCO GROWERS, QUOTA OWNERS, AND WAREHOUSEMEN, REVITALIZATION OF TOBACCO COMMUNITIES, AND ECONOMIC DEVELOPMENT, AND FOR THE OPERATION OF AND SOURCE OF GRANT FUNDS FOR THE OFFICE OF LOCAL GOVERNMENT OF THE DIVISION OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE SPECIAL DISTRIBUTIONS FOR MASTER SETTLEMENT AGREEMENT REVENUES RECEIVED BEFORE JULY 1, 2001; BY ADDING SECTION 13-1-45 ESTABLISHING THE SOUTH CAROLINA WATER AND WASTEWATER INFRASTRUCTURE FUND AND PROVIDING FOR ITS OPERATION, INCLUDING THE DETERMINATION OF ELIGIBILITY FOR PROJECTS TO BE FUNDED AND THE MANNERS OF FUNDING; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT DEVELOP CRITERIA FOR ALLOCATING FUNDING THROUGH THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4; BY ADDING SECTION 54-3-260 SO AS TO REQUIRE APPROVAL OF THE GENERAL ASSEMBLY PRIOR TO THE CONSTRUCTION OF A TERMINAL OR RAILROAD ON DANIEL ISLAND BY THE STATE PORTS AUTHORITY; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS FROM FEES COLLECTED FROM HAZARDOUS WASTE DISPOSAL ARE DISTRIBUTED AND TO REPEAL SUBSECTION C., SECTION 63, PART II, ACT 100 OF 1999; BY ADDING SECTION 54-7-110 SO AS TO PROVIDE THAT THE HUNLEY COMMISSION AND THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION IN ANY FILM EITHER MAKES RELATING TO THE HUNLEY INCLUDING, BUT NOT LIMITED TO, THE RECOVERY OF THE HUNLEY WHICH IS FURNISHED TO ANOTHER PARTY FOR OTHER THAN A CONTRACTUAL FEE SHALL INSERT IN APPROPRIATE PLACES AT THE BOTTOM AND END OF THE FILM A SPECIFIED CAPTION; BY ADDING SECTION 37-2-307 SO AS TO REQUIRE MOTOR VEHICLE DEALERS CHARGING CLOSING FEES ON SALES CONTRACTS TO PAY A ONCE YEARLY REGISTRATION FEE TO THE DEPARTMENT OF CONSUMER AFFAIRS AND TO REQUIRE CLOSING COSTS TO BE DISCLOSED IN ADVERTISED CAR PRICES AND IN THE SALES CONTRACT AND TO BE DISPLAYED IN THE DEALERSHIP; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO PROVIDE THAT THE MONIES DEPOSITED WITH THE STATE TREASURER IN A SPECIAL ACCOUNT TO SUPPORT VICTIM ASSISTANCE PROGRAMS MUST BE DEPOSITED IN A SPECIAL ACCOUNT FOR THE USE OF THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE VICTIM COMPENSATION, PROGRAM DEVELOPMENT, TRAINING, AND ADMINISTRATIVE SUPPORT; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ASSESSMENTS IN GENERAL SESSIONS, FAMILY, MAGISTRATES, AND MUNICIPAL COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY OR MUNICIPALITY, AS APPLICABLE, IN A SUPPLEMENTARY SCHEDULE OF THE ANNUAL EXTERNAL AUDIT; TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IN GENERAL SESSIONS COURT, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION TO BE PROVIDED FOR THE COUNTY IN A SUPPLEMENTARY SCHEDULE BY THE ANNUAL EXTERNAL AUDIT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT THE FIVE PERCENT ASSESSMENT RATIO APPLICABLE TO COMMERCIAL FISHING BOATS LICENSED BY THE DEPARTMENT OF NATURAL RESOURCES EXTENDS TO BOATS ON OR FROM WHICH COMMERCIAL FISHING EQUIPMENT LICENSED BY THAT DEPARTMENT IS USED; TO AMEND SECTION 51-17-140, AS AMENDED, RELATING TO MAXIMUM ACREAGE THAT MAY BE ACQUIRED UNDER THE PROVISIONS OF THE HERITAGE TRUST PROGRAM, SO AS TO RAISE THE LIMITATION FROM ONE HUNDRED THOUSAND ACRES TO ONE HUNDRED FIFTY THOUSAND ACRES AND TO REQUIRE ADVANCE APPROVAL OF ACQUISITIONS BY THE COUNTY LEGISLATIVE DELEGATION; TO AMEND SECTION 12-43-220, RELATING TO UNIFORM ASSESSMENT RATIOS, SO AS TO PROVIDE FOR THE ASSESSMENT OF CERTAIN COMMERCIAL TUGBOATS AT FIVE PERCENT OF FAIR MARKET VALUE; TO AMEND SECTION 56-3-840, AS AMENDED, RELATING TO DELINQUENT REGISTRATION, SO AS TO UPDATE THE REFERENCE DATE FOR THE BUILDING FUND INCLUDING THE REVENUES AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL APPROVE CERTAIN BUILDING PROJECTS; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE FINES FOR VIOLATIONS, REQUIRE COMMUNITY SERVICE FOR A FIRST CONVICTION, AND INCREASE THE AMOUNT OF COMMUNITY SERVICE REQUIRED FOR SECOND AND SUBSEQUENT CONVICTIONS; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO THE SALARY OF MAGISTRATES AND THE NUMBER OF MAGISTRATES AUTHORIZED IN A COUNTY, SO AS TO ALLOW A MAGISTRATE TO COUNT PRIOR SERVICE AS A MAGISTRATE FOR PURPOSES OF SALARY PAID TO A MAGISTRATE IN THE MAGISTRATE'S INITIAL TERM; BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND LIBRARIES IN PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO HAVE ITS COMPUTER-USE POLICIES DETERMINED BY LIBRARY GOVERNING BOARD WHICH USE POLICIES MUST BE DESIGNED TO REDUCE THE ABILITY OF A USER TO ACCESS WEB SITES DISPLAYING OBSCENE OR PORNOGRAPHIC MATERIAL; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO INCLUDE THE FAILURE OF A LIBRARY'S GOVERNING BOARD TO ADOPT THE POLICIES REQUIRED ABOVE; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES, SO AS TO PROVIDE FOR THE CREDITING OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES AND PENALTIES NOT ALREADY CREDITED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO THE STATE HIGHWAY FUND BEGINNING JULY 1, 2000; BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THOSE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX; TO AMEND SECTION 11-11-150, RELATING TO THE REDUCTIONS IN THE REVENUE ESTIMATE FOR AMOUNTS CREDITED TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE FOR THE REIMBURSEMENTS REQUIRED PURSUANT TO THIS ACT; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD COMPETITIVE ON-LINE BIDDING TO THE METHODS OF SOURCE SELECTION PERMITTED IN ADDITION TO COMPETITIVE SEALED BIDDING; AND TO AMEND ARTICLE 5, CHAPTER 35, TITLE 11, RELATING TO SOURCE SELECTION AND CONTRACT FORMATION PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SECTION 11-35-1529, SO AS TO PROVIDE FOR COMPETITIVE ON-LINE BIDDING IN ADDITION TO OTHER METHODS OF SOURCE SELECTION PERMITTED IN ADDITION TO COMPETITIVE SEALED BIDDING PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE.
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(R467, H. 4776 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
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(R468, H. 4849 (Word version)) -- Rep. Askins: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000", INCLUDING PROVISIONS ESTABLISHING THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION OVERSIGHT COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES INCLUDING, AMONG OTHER THINGS, ESTABLISHING THE FIREFIGHTER MOBILIZATION PLAN AND APPOINTING STATE AND REGIONAL COORDINATORS TO IMPLEMENT THE PLAN; TO AMEND SECTION 23-6-50, AS AMENDED, RELATING TO ANNUAL AUDITS AND CARRY FORWARD FUNDS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO AUTHORIZE THE DEPARTMENT TO CARRY FORWARD AND EXPEND MOTOR CARRIER REGISTRATION FEES FOR FISCAL YEARS 1996-97 THROUGH 1999-2000; AND TO AMEND SECTION 23-10-10, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA FIRE ACADEMY ADVISORY COMMITTEE, SO AS TO ADD A MEMBER FROM THE SOUTH CAROLINA FIRE AND LIFE SAFETY EDUCATION ASSOCIATION.
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(R469, H. 4856 (Word version)) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
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(R470, H. 4864 (Word version)) -- Reps. Witherspoon and Barfield: AN ACT TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET EXCEPT AS PROVIDED IN THIS SECTION AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY, AND TO PROVIDE THAT A PERSON TAKING OR ATTEMPTING TO TAKE SHAD BY HOOK AND LINE INCLUDING ROD AND REEL IN THE SANTEE RIVER MAY TAKE OR POSSESS NO MORE THAN AN AGGREGATE OF TWENTY AMERICAN AND HICKORY SHAD IN ANY ONE DAY; AND TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH THE DAILY CREEL LIMITS AND SIZE LIMITS ON LAKE MURRAY AND ON ALL WATERS OF THE SALUDA RIVER LYING BETWEEN THE LAKE GREENWOOD DAM (BUZZARD'S ROOST DAM) AND LAKE MURRAY FOR STRIPED BASS (ROCKFISH) AND BLACK BASS BY REGULATIONS PROMULGATED AND ADOPTED IN ACCORDANCE WITH ARTICLE 1, CHAPTER 23 OF TITLE 1, TO PROVIDE THAT NO CREEL OR SIZE LIMITS MAY BE SET BY EMERGENCY REGULATIONS, TO PROVIDE THAT A PERSON TAKING STRIPED BASS OR BLACK BASS EXCEEDING THE LIMITS SET BY THE DEPARTMENT IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE PUNISHED AS PROVIDED IN SECTION 50-13-285, AND TO PROVIDE THAT THE SIZE LIMIT ON STRIPED BASS (ROCKFISH) TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
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(R471, H. 4934 (Word version)) -- Rep. Kelley: AN ACT TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED; AND TO ADD SECTION 37-17-10 SO AS TO MAKE IT UNLAWFUL TO SELL, MARKET, PROMOTE, ADVERTISE, OR DISTRIBUTE A CARD OR OTHER DEVICE WHICH IS NOT INSURANCE BUT WHICH OFFERS DISCOUNTS ON PRESCRIPTION DRUG PURCHASES UNLESS CERTAIN CONDITIONS ARE MET, INCLUDING REGISTRATION WITH THE DEPARTMENT OF INSURANCE AND TO PROVIDE PENALTIES AND EXCEPTIONS.
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(R472, H. 4972 (Word version)) -- Rep. D. Smith: AN ACT TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
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(R473, H. 5096 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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COMMITTEE TO INFORM THE GOVERNOR

The PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH, WILSON, PATTERSON and BRANTON to a Committee on the part of the Senate to inform the Governor the Senate had completed its business and was ready to adjourn Sine Die.

COMMITTEE TO INFORM THE HOUSE

The PRESIDENT appointed Senators LEATHERMAN, RUSSELL, WASHINGTON, ALEXANDER and FAIR to a Committee on the part of the Senate to inform the House the Senate had completed its business and was ready to adjourn Sine Die.

STATEWIDE APPOINTMENTS
Confirmations

Having been reported favorably from the Committee on Medical Affairs, on motion of Senator MOORE, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:

Area 10:

Annease R. Goodman, P. O. Box 302, Estill, S.C. 29918

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1998, and to expire June 9, 2001:

Community Care Facility Administrator 10:

Joann James, 10508 Garners Ferry Road, Eastover, S.C. 29044 VICE Catherine H. Beard

Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence May 15, 2000, and to expire May 15, 2007:

4th Congressional District:

E. Roy Stone, P.O. Box 444, Greenville, S.C. 29602

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Stephen C. Lloyd., Ph.D., 117 River Birch Lane, Columbia, S.C. 29206 VICE Dianne R. Dantzler

LOCAL APPOINTMENT
Confirmations

Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:

Reappointment, Dillon County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Robert Abson, Jr., 1514 Kinon Street, Dillon, S.C. 29536

Having received a favorable report from the Horry County Delegation, on motion of Senator RANKIN, the following appointments were confirmed:

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Gregory Derek Blanton, 1106 Glenns Bay Road, Surfside Beach S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Monte Lewis Harrelson, Highway 9, Green Sea, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Charles Bernard Johnson, J. Reuben Long Detention Center, Conway S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Margie Bellamy Livingston, 1201 21st Ave. N., Myrtle Beach, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Rebecca Smith Lovelace, 503 Lakewood Ave., Conway, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Harry Davis McDowell, 3817 Walnut Street, Loris, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Dennis Earl Phipps, 1201 21st Ave. N., Myrtle Beach, S.C.

Reappointment, Horry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Gerald Thomas Whitley, 107 Highway 57 N., Stevens Crossroads, S.C.

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Rosemary Florence Cecilia Wendel, loving mother of Mr. Doug Wendel of Horry County, S.C.

ADJOURNMENT

At 6:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned Sine Die.

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