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

Printed Page 2301 . . . . . Wednesday, April 19, 2000

Wednesday, April 19, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, let us praise God for answered prayer when St. Paul pointed the way when he said, "Behold I show you a more excellent way."

We praise and thank our Heavenly Father in the words of King David in the Eighth Psalm:
Let us pray.

"O Lord, our Lord, how majestic is Thy Name in all the earth!

Thou whose glory above the heavens is chanted by the mouth

of babes and infants...

When I look at Thy heavens, the work of Thy fingers, the moon

and the stars which Thou hast established;

What is man that Thou art mindful of him, and the son of man

that Thou dost care for him?

Yet Thou hast made him little less than God,

And dost crown him with glory and honor.

Thou hast given him dominion over the works of Thy hands;

Thou hast put all things under his feet,

All sheep and oxen, and also the beasts of the field, the birds

of the air, and the fish of the sea, whatever passes along the

paths of the sea."
O Lord, our Lord, Thank You!
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, South Carolina State Board of Pharmacy, with

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term to commence June 30, 2000, and to expire June 30, 2006:

6th Congressional District:

Terry T. Lewis, Medicap Pharmacy, 203 South Main Street, Darlington, S.C. 29532 VICE R. T. "Tenny" Moss, Jr.

Referred to the Committee on Medical Affairs.

Initial Appointment, Advisory Panel for Massage/Bodywork Therapist, with term to commence June 30, 1997, and to expire June 30, 2001:

Therapist:

Toni A. Masters, 16 Brookway Drive, Greenville, S.C. 29605

Referred to the Committee on Labor, Commerce and Industry.

Local Appointment

Initial Appointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Deborah D. McCullough, 1966 Castlegate Court, Rock Hill, S.C. 29730 VICE Willie G. Boulware

Doctor of the Day

Senator FAIR introduced Dr. Mark O' Rourke of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator DRUMMOND, at 11:10 A.M., Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator DRUMMOND, at 11:10 A.M., Senator O'DELL granted a leave of absence for today.

Expression of Personal Interest

Senator MESCHER rose for an Expression of Personal Interest.

RECALLED

S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT,

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EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT, NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1152 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO CLARIFY THE DEFINITIONS OF "DEMOTION" AND "PROMOTION".

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1336 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 6-11-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE FOR ESTABLISHING SPECIAL PURPOSE DISTRICTS FOR SEWAGE COLLECTION AND DISPOSAL, SO AS TO PROVIDE THAT THE COST OF CONSTRUCTING LATERAL COLLECTION LINES MAY BE ASSESSED AGAINST PROPERTIES DERIVING A PARTICULAR BENEFIT FROM THE LINES; TO AMEND SECTION 6-11-1220, RELATING TO DEFINITIONS, SO AS TO AMEND THE TERM "FRONT-FOOT ASSESSMENT" TO INCLUDE AN ASSESSMENT LEVIED ON A PER PARCEL OR PER UNIT BASIS; AND TO

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AMEND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE COMMISSION OR GOVERNING AGENCY OF THE SPECIAL PURPOSE DISTRICT, SO AS TO AUTHORIZE THE COMMISSION TO ASSESS LOTS OR PARCELS WHICH DERIVE A PARTICULAR BENEFIT FROM LATERAL COLLECTION LINES FOR THE COST OF THE LINES.

RECALLED

S. 1136 (Word version) -- Senators Saleeby, Bryan, Courtney, McConnell, Hutto, Short and Reese: A BILL TO AMEND SECTION 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INFORMATION REQUIRED ON MOTOR VEHICLE TITLES, SO AS TO PROHIBIT AN ASSIGNMENT OF A TITLE UNLESS THE ASSIGNOR CERTIFIES UNDER PENALTY OF PERJURY HIS KNOWLEDGE OF STRUCTURAL REPAIRS EXCEEDING TWO THOUSAND DOLLARS IN VALUE DONE ON THE VEHICLE AND TO DEFINE "STRUCTURAL REPAIRS".

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

There was no objection.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1345 (Word version) -- Senator Anderson: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 34, THE "NEWBORN PROTECTION ACT" SO AS TO PERMIT A PARENT OF A NEWBORN INFANT OR OF A CHILD THIRTY DAYS OF AGE OR LESS TO RELINQUISH CUSTODY OF THE INFANT OR CHILD TO A HOSPITAL, TO PROVIDE FOR TERMINATION OF PARENTAL RIGHTS OF THE RELINQUISHING PARENT BY OPERATION OF LAW, TO REQUIRE CERTAIN MEDICAL INFORMATION TO BE PROVIDED, AND TO PROVIDE PROSECUTION IMMUNITY FOR A RELINQUISHING PARENT WHO PROVIDES THE REQUISITE MEDICAL INFORMATION.
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Read the first time and referred to the Committee on Judiciary.

S. 1346 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-7-40, SO AS TO PROVIDE THAT FOR ANY DEED OF CONVEYANCE OF REAL ESTATE WHICH 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 SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN CREATED; TO AMEND SECTION 62-2-804, RELATING TO THE EFFECT OF A SURVIVORSHIP PROVISION ON JOINT TENANCY, SO AS TO PROVIDE THAT, WHILE OTHER METHODS FOR THE CREATION OF A JOINT TENANCY MAY BE UTILIZED, AN EXPRESS PROVISION FOR A RIGHT OF SURVIVORSHIP WILL BE CONCLUSIVELY DEEMED TO HAVE OCCURRED IF THE WILL OR INSTRUMENT OF CONVEYANCE CONTAINS CERTAIN LANGUAGE; TO AMEND SECTION 62-3-711, RELATING TO THE POWERS OF A PERSONAL REPRESENTATIVE, SO AS TO PROVIDE IF THE WILL OF A DECEDENT AUTHORIZES A PERSONAL REPRESENTATIVE TO SELL REAL PROPERTY, THE TITLE TO WHICH WAS NOT DEVISED TO THE PERSONAL REPRESENTATIVE, SUBJECT TO SECTION 62-3-713, THE PERSONAL REPRESENTATIVE HAS FULL AND UNRESTRICTED POWER TO CONVEY FEE SIMPLE TITLE TO THE REAL PROPERTY BY LIMITED WARRANTY DEED WITHOUT THE CONSENT OF HEIRS OR DEVISEES WHO HAVE RECEIVED TITLE TO THE PROPERTY; TO AMEND SECTION 62-3-715, RELATING TO TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES, SO AS TO PROVIDE THAT A PERSONAL REPRESENTATIVE MAY MAKE NON-PRO RATA DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY; TO AMEND SECTION 62-3-906, RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE THAT UNLESS A PERSONAL REPRESENTATIVE IS AFFORDED A POWER OF SALE, THE DISTRIBUTABLE ASSETS OF A DECEDENT'S ESTATE MUST BE DISTRIBUTED IN KIND TO THE EXTENT POSSIBLE; TO AMEND SECTION 62-3-907, RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE CERTAIN REQUIREMENTS FOR AND DUTIES OF PERSONAL

Printed Page 2306 . . . . . Wednesday, April 19, 2000
REPRESENTATIVES; TO AMEND SECTION 62-3-908, RELATING TO DISTRIBUTION AND THE RIGHT OR TITLE OF A DISTRIBUTEE, SO AS TO PROVIDE THAT AN IMPROPER DISTRIBUTION WOULD INCLUDE, BUT NOT BE LIMITED TO, THOSE INSTANCES WHERE THE INSTRUMENT OR DEED OF DISTRIBUTION IS INCONSISTENT WITH THE PROVISIONS OF THE WILL OR WITH STATUTES GOVERNING INTESTACY; TO AMEND SECTION 62-3-910, RELATING TO THE PROTECTION OF PURCHASERS FROM DISTRIBUTEES, SO AS TO PROVIDE THAT, IF REAL PROPERTY IS PURCHASED FROM A PERSONAL REPRESENTATIVE WHO IS GRANTED A POWER OF SALE IN THE WILL BUT WHO DOES NOT HAVE TITLE TO SUCH PROPERTY, THE PURCHASER THEREOF TAKES TITLE FREE OF RIGHTS OF ANY HEIRS OR DEVISEES AND INCURS NO PERSONAL LIABILITY TO THE ESTATE OR TO ANY HEIR OR DEVISEE; TO AMEND SECTION 62-3-1201, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO INCREASE THE MAXIMUM AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS WHEREBY PERSONAL PROPERTY CAN BE COLLECTED BY USE OF AN AFFIDAVIT; TO AMEND SECTIONS 62-3-1202A, 62-3-1203, AND 62-3-1204, RELATING TO SMALL ESTATES, SO AS TO INCREASE THE MAXIMUM AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS IN ORDER FOR AN ESTATE TO QUALIFY UNDER THIS SECTION; TO AMEND SECTION 62-4-205, RELATING TO THE POWERS OF A FOREIGN PERSONAL REPRESENTATIVE, SO AS TO PROVIDE THAT, WITH REGARD TO ASSETS, A DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE MAY EXERCISE ALL POWERS OF A LOCAL PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-4-207, RELATING TO ANCILLARY AND OTHER LOCAL ADMINISTRATION, SO AS TO PROVIDE THAT THE INITIATION OF A PROCEEDING UNDER ARTICLE 3 OF TITLE 62 IS THE ONLY MECHANISM WHICH AFFECTS THE RIGHTS OF CLAIMANTS, PURCHASERS, OR DISTRIBUTEES IN THIS STATE; AND TO AMEND SECTION 62-7-704, RELATING TO POWERS OF TRUSTEES, SO AS TO PROVIDE THAT TRUSTEES
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MAY MAKE NON-PRO RATA DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY.
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Read the first time and referred to the Committee on Judiciary.

S. 1347 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF OR CHIEF OF POLICE PROVIDING NOTICE TO OWNERS AND LIENHOLDERS OF ABANDONED MOTOR VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, PENALTIES IMPOSED UPON A LIENHOLDER, HIS AGENT, OR SERVANT WHO ABANDONS A MOTOR VEHICLE, AND THE NONIMPOSITION OF PENALTIES AGAINST THE OWNER OF A STOLEN MOTOR VEHICLE WHICH HAS BEEN ABANDONED, SO AS TO PROVIDE THAT A TOW COMPANY THAT HAS TAKEN CUSTODY OF A MOTOR VEHICLE IS AUTHORIZED TO PROVIDE THE REQUIRED NOTICE CONTAINED IN THIS PROVISION; AND TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO PROVIDE THAT THE PERSONS WHO INCURRED CERTAIN EXPENSES RELATING TO THE SALE OF AN UNCLAIMED VEHICLE SHALL BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE VEHICLE.
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Senator LEVENTIS spoke on the Bill.

Read the first time and, on motion of Senator LEVENTIS, with unanimous consent, ordered placed on the Calendar without reference.

S. 1348 (Word version) -- Senators Drummond, Bryan and O'Dell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. WILLIAM C. (BILL) MORAN FOR HIS OUTSTANDING, DEDICATED SERVICE AS PRESIDENT OF LANDER UNIVERSITY AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1349 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME

Printed Page 2308 . . . . . Wednesday, April 19, 2000
CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
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Senator FORD spoke on the Bill.

Objection

Senator FORD asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator HOLLAND objected.

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

H. 4959 (Word version) -- Reps. Barfield, Edge, Law, Keegan, Kelley, Miller, Witherspoon, Allen, Allison, Altman, Askins, Bailey, Bales, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING AND OFFERING SINCERE APPRECIATION TO MISS LISA RABON OF HORRY COUNTY FOR HER REPRESENTATION OF OUR STATE IN THE MISS USA 2000 PAGEANT FINISHING AS A SEMI-FINALIST, AND EPITOMIZING THE VERY BEST ROLE MODEL OUR STATE CAN HAVE IN NATIONAL COMPETITION.

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

H. 4965 (Word version) -- Reps. R. Smith, Clyburn, Perry and Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE EUGENE FRANCIS MCMANUS, M. D., UPON THE OCCASION OF HIS

Printed Page 2309 . . . . . Wednesday, April 19, 2000
RETIREMENT AFTER PRACTICING PEDIATRIC MEDICINE IN AIKEN COUNTY FOR THIRTY-FOUR YEARS, DURING WHICH TIME HE WAS HONORED AS BOTH PHYSICIAN OF THE YEAR BY THE AIKEN MEDICAL ASSOCIATION AND VOLUNTEER PHYSICIAN OF THE YEAR BY THE LOWER SAVANNAH HEALTH DISTRICT.

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

REPORTS OF STANDING COMMITTEES

Senator BRYAN from the Committee on Judiciary submitted a favorable report on:

S. 57 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 669 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR

Printed Page 2310 . . . . . Wednesday, April 19, 2000
PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 778 (Word version) -- Senators Matthews, Patterson, Washington, Glover, Ford, Jackson, Anderson and Holland: A BILL TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-180 SO AS TO REQUIRE THE DEPARTMENT TO COLLECT, CORRELATE, AND MAINTAIN CERTAIN INFORMATION REGARDING TRAFFIC LAW ENFORCEMENT BY OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE AND TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT REGARDING COMPLAINTS MADE BY MEMBERS OF THE PUBLIC AGAINST OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 820 (Word version) -- Senators Holland, McConnell and Giese: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION

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16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM, AND TO FURTHER PROVIDE FOR THE EXPANSION OF JURISDICTION AND VENUE, SO AS TO GRANT JURISDICTION TO MUNICIPAL COURTS; AND TO FURTHER REQUIRE THAT MUNICIPAL COURTS PROVIDE FORMS TO FACILITATE THE PREPARATION AND FILING OF A COMPLAINT AND MOTION FOR A RESTRAINING ORDER BY A PLAINTIFF NOT REPRESENTED BY COUNSEL; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND TO FURTHER REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 891 (Word version) -- Senators Holland, Cork and Martin: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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

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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.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable report on:

S. 1119 (Word version) -- Senators Grooms, Ryberg, Richardson, Mescher, Giese, Branton and Fair: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN APPROPRIATE AMENDMENT TO THE UNITED STATES CONSTITUTION ALLOWING PRAYER IN SCHOOLS IN ALL CIRCUMSTANCES.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable report on:

S. 1116 (Word version) -- Senators Grooms, Hayes, Mescher, Ryberg, Giese, Branton and Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC EDUCATION, BY ADDING SECTION 5 SO AS TO REQUIRE THAT THE PUBLIC SCHOOLS OF THIS STATE MUST BEGIN EACH SCHOOL DAY WITH A MOMENT OF SILENCE OF NOT LESS THAN ONE MINUTE NOR MORE THAN THREE MINUTES IN DURATION.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

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

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TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:

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

Ordered for consideration tomorrow.

Co-Sponsor Added

On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor to S. 1329.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 4205 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF

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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.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 4783 (Word version) -- Reps. Harris, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 18, 2000

Printed Page 2315 . . . . . Wednesday, April 19, 2000
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Very respectfully,
Speaker of the House

Received as information.

S. 226--ENROLLED FOR RATIFICATION

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., March 29, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 2316 . . . . . Wednesday, April 19, 2000
1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Very respectfully,
Speaker of the House

Received as information.

H. 4340--CONFERENCE COMMITTEE APPOINTED

H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.

On motion of Senator LAND, the Senate insisted upon its amendments to H. 4340 and asked for a Committee of Conference.

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

HOUSE CONCURRENCE

S. 1338 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION CONGRATULATING MR. C. FREDRIC MARCINAK OF WALHALLA FOR BEING ELECTED BY ACCLAMATION AS GOVERNOR OF THE SOUTH CAROLINA STUDENT LEGISLATURE FOR 1999-2000 AND WISHING HIM WELL IN HIS TERM AS GOVERNOR AND IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

Printed Page 2317 . . . . . Wednesday, April 19, 2000

Call of the Senate

Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:

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
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

A quorum being present, the Senate resumed.

RECESS

At 11:42 A.M., on motion of Senator HOLLAND, the Senate receded from business for the purpose of the Senate Assembly.

SENATE ASSEMBLY
Presentation of the Order of the Palmetto to
the Honorable Eugene N. Zeigler

The PRESIDENT of the Senate called the Senate to order.

The PRESIDENT announced that the Senate had convened under the terms of the following Senate Resolution which was previously adopted:

S. 1253 (Word version) -- Invitations Committee: A SENATE RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, AND THE HONORABLE EUGENE N. ZEIGLER TO ADDRESS THE SENATE AT 11:30 A.M. ON WEDNESDAY, APRIL 19, 2000, IN THE SENATE CHAMBER.

Printed Page 2318 . . . . . Wednesday, April 19, 2000

The PRESIDENT recognized Senator DRUMMOND, PRESIDENT Pro Tempore, who introduced his Excellency, the Honorable James H. Hodges, Governor of South Carolina.

Governor Hodges introduced the Honorable Eugene N. Zeigler for the purpose of presenting the Order of the Palmetto.

Mr. Zeigler, with unanimous consent, was granted leave to address the Senate.

Remarks by the Honorable Eugene N. Zeigler

Thank you, Governor Hodges.

Mr. PRESIDENT, (I started to say fellow Senators, but that was twenty-eight years ago), members of the Senate, ladies and gentlemen.

Thank you, Governor Hodges, for this honor. I thank JOHN DRUMMOND and the members of the Senate for making it possible to have this award given to me here in the Senate Chamber today.

I am told that the Resolution by which it was made possible for me to receive the award here in the Senate was passed without objection. I doubt that that would have been possible twenty-eight years ago. Such unanimity would hardly have been expected.

I have been a lawyer and an erstwhile politician, walking in the shade of private life for so long, that I accept any compliments whether I deserve them or not. After the nice things that the Governor has said about me, I'm reminded of what Adlai Stevenson once said when he had received a highly flattering introduction. He said, 'Flattery is all right if you don't inhale." Although it is politically suspect, I feel obliged to say, "I did not inhale."

Divine providence has been very good to me. I have a wonderful wife, family and friends. I have served or had the honor of serving in the United States Navy in war, and in the Naval Reserve in peace. Among the opportunities for public service which have been granted to me, none ranks higher than service in this body. Mr. Justice Oliver Wendell Holmes said that life is passion and action. A man is required to be a part of the passion and action of his time, at the peril of being judged not to have lived.

The Senate is a forum for both passion and action. Now, some think that the passion sometimes is too vehement and sometimes, the action is too tardy. But, the bottom line is that we have been able to get things done and make democracy work.

When I served in the Senate with JOHN DRUMMOND and Senator HOLLAND and Senator LOURIE, we faced probably some of the most serious economic, political and social changes the State had

Printed Page 2319 . . . . . Wednesday, April 19, 2000
experienced since Reconstruction. It was not easy to make changes comfortably because there was an almost inbred sense of inertia.

One of my favorite stories from the Senate goes back to Senator JOHN LONG, SR. from Aiken. It seems that up in Aiken they have benches on the Court House grounds for the benefit of those old-timers and hangers-on who want to come and sit and reminisce about the good old days. Senator LONG said that on one occasion when he left the Legislature to go back to Union, he went to one of those benches and sat down by an old-timer named Jim. After exchanging the usual pleasantries and speaking in the vernacular, he said, "Mr. Jim, you and me have seen a lot of changes in our lifetime, haven't we?" Mr. Jim thought a minute and said, "Yea, and I've been agin' every one of them."

We know there are a lot of Mr. Jim's around in the world but the Legislature, with patience, understanding and a willingness to compromise, and with the fine leadership of governors like Jim Hodges, has been able to move this State forward toward its goal of securing the blessings of liberty and justice for all.

Thank you again, Governor Hodges. And, thank you, members of the Senate, for this honor.

* * *

On motion of Senator J. VERNE SMITH, with unanimous consent, ordered printed in the Journal.

The purposes of the Senate Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate was called to order by the PRESIDENT.

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

THIRD READING BILLS

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

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE

Printed Page 2320 . . . . . Wednesday, April 19, 2000
PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE 0EXAMINATION.

Senator GIESE explained the Bill.

S. 1331 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP

Printed Page 2321 . . . . . Wednesday, April 19, 2000
DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 735 (Word version) -- Senators Ravenel and Giese: A BILL TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 100 SO AS TO REQUIRE REGISTRATION OF FIREFIGTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL.

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

Senator GREGORY proposed the following amendment (735R004.CKG), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety.

Amend the bill further, as and if amended, by striking the title and inserting the following:

/   TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING SECTION 40-200-10 SO AS TO REQUIRE CRIMINAL BACKGROUND CHECKS PRIOR TO THE EMPLOYMENT OF A PROSPECTIVE FIREFIGHTER AND TO PROVIDE THAT A PERSON MAY NOT PERFORM FIREFIGHTER DUTIES AFTER JULY 1, 2000, IF THAT INDIVIDUAL HAS BEEN CONVICTED OF CERTAIN CRIMES.   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

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

Printed Page 2322 . . . . . Wednesday, April 19, 2000
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
Printed Page 2323 . . . . . Wednesday, April 19, 2000
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
Printed Page 2324 . . . . . Wednesday, April 19, 2000
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, AND 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.

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

Amendment No. 1

Senators LEATHERMAN, PEELER, RYBERG, MESCHER, RICHARDSON, McCONNELL, COURSON, RAVENEL, GROOMS, GIESE, HAYES, BRANTON, GREGORY, BAUER, WALDREP, SETZLER, ALEXANDER, ANDERSON, BRYAN, DRUMMOND,

Printed Page 2325 . . . . . Wednesday, April 19, 2000
ELLIOTT, FAIR, FORD, GLOVER, HOLLAND, HUTTO, JACKSON, LAND, LEVENTIS, MARTIN, MATTHEWS, MCGILL, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, RANKIN, REESE, RUSSELL, SALEEBY, SHORT, SMITH, THOMAS, WASHINGTON AND WILSON proposed the following Amendment No. 1 (1111R004.HKL), which was adopted:

Amend the bill, as and if amended, by striking SECTION 12 in its entirety and inserting:

/   SECTION   12.   The 1976 Code is amended by adding:

"Section 59-26-85.     (A)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contact status and their recertification cycle will be consistent with national board certification. Any teacher who earns National Board for Professional Teaching Standards (NBPTS) certification shall receive while teaching an annual increase in pay from state appropriated funds of ten thousand dollars a year for the life of the certificate. This amount shall be added to the annual pay of the nationally certified teacher. The established amount shall be added to the annual pay of the nationally certified teacher.

(B)   The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."   /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

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

Ayes 43; Nays 0

Printed Page 2326 . . . . . Wednesday, April 19, 2000

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
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

Total--43

NAYS

Total--0

Amendment No. 1 was adopted.

Amendment No. 2

Senator SETZLER proposed the following Amendment No. 2 (1111EMS10), which was adopted:

Amend the bill, as and if amended, by adding on page 11, line 12 a new SECTION to read as follows:

/   SECTION   .   The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC), and National Association of School Psychologists (NASP) to determine comparability and make recommendations regarding recertification cycles, initial certification requirements for these personnel certified out-of-state and incentives for these national certifications. The State Department of Education shall report its

Printed Page 2327 . . . . . Wednesday, April 19, 2000
findings to the Senate Education Committee and the House Education and Public Works Committee no later than December 1, 2000.   /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 1263 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.

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

There was no objection.

Printed Page 2328 . . . . . Wednesday, April 19, 2000

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

Senator McCONNELL proposed the following amendment (1163R001.GFM), which was adopted:

Amend the Committee Report, as and if amended, page 1163-2, by deleting lines 30 - 33 and inserting:

/   this State for the issuance of a license.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The Banking and Insurance Committee proposed the following amendment (S.1163.SBI), which was adopted:

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

/   SECTION 1. Title 38 of the 1976 Code is amended by adding:

"CHAPTER 48

Public Insurance Adjusters

Section 38-48-10. As used in this chapter:

(1) 'Public insurance adjuster' means any individual who, for salary, fee, commission, or other compensation, engages in public adjusting and who is licensed under Section 38-48-20. A public insurance adjuster is not an attorney licensed to practice by the South Carolina Supreme Court who adjusts insurance losses in the course of the practice of law. A public insurance adjuster is not an adjuster representing an insurer and is not licensed in accordance with the provisions of Chapter 47.

(2) 'Public adjusting' means investigating, appraising or evaluating, and reporting to an insured in relation to a first party claim arising under insurance contracts, that insure the real or personal property, or both, of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this chapter shall be construed as permitting the unauthorized practice of law.

Printed Page 2329 . . . . . Wednesday, April 19, 2000

Section 38-48-20.     Every individual commonly called a public adjuster, adjusting losses for an insured, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued to a nonresident public adjuster who resides in a state refusing to license South Carolina public adjusters. Only licensed public adjusters may solicit business from an insured who has sustained an insured loss. Individuals engaged in providing public adjusting services without out a license shall be deemed to be engaged in unauthorized transaction of insurance business and subject to the remedies provided in Chapter 25 as well as the disgorgement of fees or restitution to the insured for any fees paid.

Section 38-48-30.     When an individual applies for a public adjuster's license, he shall supply the department his business and residence address. The public adjuster shall notify the department within thirty days of any change in these addresses.

Section 38-48-40.     The director or his designee may enter into reciprocal agreements with the insurance commissioners or directors of other states in regard to licensing of nonresident public adjusters if in his judgment these arrangements or agreements are in the best interests of the state and if the applicant for a public adjuster's license meets the minimum statutory requirements in this State for the issuance of a license. However, the director or his designee may not enter into or continue any reciprocal agreement unless the other state is just as liberal as this State in licensing nonresident adjusters.

Section 38-48-50.     The fee for a public adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States required in this State of nonresident public adjusters, the nonresident public adjusters shall pay an amount equal to the amount of charges imposed by the laws of this State upon public adjusters of this State.

Section 38-48-60.     A public adjuster's license is for an indefinite term, unless sooner revoked or suspended, if the biennial license fee is paid at the time and in the manner which the department provides by regulation. If the license fee for a public adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an

Printed Page 2330 . . . . . Wednesday, April 19, 2000
original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.

Section 38-48-70.     Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall:

(a)   be honest and fair in all communications with the insured and with the insurer or its representatives;

(b)   have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;

(c)   not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business;

(d)   shall not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;

(e)   shall not engage in any conduct which constitutes the unauthorized practice of law;

(f)   shall not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; and

(g)   shall not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims.

Section 38-48-80.     Any agreement between the insured and the public insurance adjuster for the services described in this chapter shall be in writing and signed by both parties. The contract shall:

(a)   state the full consideration for the public adjuster's services;

(b)   specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer;

(c)   shall legibly state the full name and address as specified in the department's record of the licensed public adjuster;

Printed Page 2331 . . . . . Wednesday, April 19, 2000

(d)   state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;

(e)   disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;

(f)   show the date on which the contract was signed by both parties;

(g)   clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and

(h)   clearly and conspicuously outline the services to be provided by the public adjuster to the insured.

Section 38-48-90.     (A)   No public adjuster shall compensate or provide anything of value except as provided in Section 38-57-160 to a person who is not licensed as a public adjuster in return for the referral of a business prospect to the public adjuster; provided, however, a public adjuster may enter into an agreement with another licensed public adjuster for the referral of business and sharing of commissions or compensation. Such an arrangement must be disclosed to the insured in the written agreement.

(B)   No public adjuster shall represent or act as an adjuster representing an insurance company, either as an employee of the insurer or as an independent adjuster. No independent adjuster or adjuster licensed in accordance with the provisions of Chapter 47 shall act as a public insurance adjuster.

Section 38-48-100.     All advertising by a public adjuster shall fairly and accurately describe the services to be rendered and shall not misrepresent either the public adjuster or the public adjuster's abilities, and shall comply with the following requirements:

(a)   Advertisements must comply with all the requirements of Title 38 and the Unfair Trade Practices law; and

(b)   All advertisements must state the full name of the public adjuster and the public adjuster's firm, if applicable, and the complete business address and phone numbers.

(c)   Advertisements shall not create an unjust expectation about results the public adjuster can achieve.

Section 38-48-110.     The insured shall have until the close of business on the fifth business day after signing the contract to rescind the agreement. The exercise of the right to rescind the agreement must

Printed Page 2332 . . . . . Wednesday, April 19, 2000
be in writing and delivered to the public adjuster at the address shown on the agreement.

If the insured property that is the subject of the claim is not the primary residence of the insured or used by the insured primarily for personal, family, or household purposes, the insured may waive the right to rescind the agreement. The waiver shall be in writing and signed and dated by the insured.

Section 38-48-120.   Every public adjuster shall maintain all records of losses and claims adjusted for three years after the settlement or closing of each claim.

Section 38-48-130. It is unlawful for a person to:

(a)   act as a public adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not licensed to do business in this State; or

(b)   adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State; or

(c)   engage in the unauthorized transaction of insurance business as defined in this article and Chapter 25; or

(d)   engage in the unauthorized practice of law; or

(e)   violate any provision of this title.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.

Section 38-48-140.     When the director or his designee determines after investigation that there has been a violation of this title by a public adjuster, upon ten days' notice of the opportunity for a public hearing he may impose the penalties provided in Section 38-2-10.

Section 38-48-150.     Any provision of this statute that is deemed to be void, unenforceable, unconstitutional, or illegal by any court of competent jurisdiction shall be deemed severable and shall not affect the constitutionality, enforceability, or legality of the remaining provisions. The remaining provisions shall continue in full force and effect."

SECTION 2.   This act takes effect ninety days after approval by the Governor.         /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Printed Page 2333 . . . . . Wednesday, April 19, 2000

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 967 (Word version) -- Senators Martin, Elliott and Leatherman: A BILL TO AMEND SECTION 48-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FOREST LAND, SO AS TO FURTHER DEFINE "FOREST LAND"; TO AMEND SECTION 48-33-30, RELATING TO THE DEFINITION OF FOREST FIRE, SO AS TO FURTHER DEFINE "FOREST FIRE"; TO AMEND SECTION 48-33-60, RELATING TO COUNTY FORESTRY BOARDS, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO THE ANNUAL FOREST FIRE PROTECTION PLAN AND PROVIDE THAT COUNTY FOREST FIRE PROTECTION OFFICERS SHALL BE EMPLOYED ONLY WITH THE CONSENT OF THE COUNTY FORESTRY BOARD; AND TO AMEND SECTION 48-33-70, RELATING TO PLANS FOR FOREST FIRE PROTECTION, SO AS TO PROVIDE THAT THE STATE COMMISSION OF FORESTRY SHALL PREPARE A PLAN FOR FOREST FIRE PROTECTION.

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

Senator LEVENTIS proposed the following amendment (967R001.PPL), which was adopted:

Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting:

/   Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 and inserting the following:

SECTION   3.   Section 48-33-60 of the 1976 Code is amended to read:

"Section 48-33-60.     The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. They shall review, revise and adopt the annual forest fire protection plan and the The county ranger, fire wardens, towermen and all other county forest fire protection officers shall be employed, retained, or dismissed only with

Printed Page 2334 . . . . . Wednesday, April 19, 2000
the consent of the county forestry board. The county ranger, fire wardens and towermen, and all other county officers of the county board shall must be residents of the county in which they are so employed."

SECTION   4.   Chapter 33, Title 48 of the 1976 Code is amended by adding:

"Section 48-33-65.     The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. The county ranger, fire wardens, and all other county forest fire protection officers shall be employed only with the consent of the county forestry board. The county ranger, fire wardens, and all other county officers of the county board must be residents of the county in which they are so employed."

SECTION   5.   Section 48-33-70 of the 1976 Code is amended to read:

"Section 48-33-70.     The State Commission of Forestry shall prepare for each county forestry board a plan for forest fire protection for the fiscal year and present such plan at the July meeting of the board. It shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection."

SECTION   6.   Section 48-33-60 is repealed effective July 1, 2005.

SECTION   7.   This act takes effect upon approval by the Governor, except that SECTION 4 takes effect on July 1, 2005.     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

The Committee on Agriculture and Natural Resources proposed the following amendment (SAGS967), which was adopted:

Amend the bill, as and if amended, SECTION 3, Section 48-33-60, page 2, lines 10-19, by striking lines 10-19 in their entirety and inserting in lieu thereof the following:

/     "Section 48-33-60.     The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. They shall review, revise and adopt the annual forest fire protection plan and the The county ranger, fire wardens, towermen and all other county forest fire protection officers shall be employed, retained, or dismissed only

Printed Page 2335 . . . . . Wednesday, April 19, 2000
with the consent of the county forestry board. The county ranger, fire wardens and towermen, and all other county officers of the county board shall must be residents of the county in which they are so employed."     /

Amend the bill further, as and if amended, by adding a new SECTION 5 to read:

/     SECTION 5.   Section 48-33-60 of the 1976 Code is amended to read:

"Section 48-33-60.     The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. The county ranger, fire wardens, and all other county forest fire protection officers shall be employed, retained or dismissed only with the consent of the county forestry board. The county ranger, fire wardens, and all other county officers of the county board must be residents of the county in which they are so employed."     /

Amend the bill further, as and if amended, by striking SECTION 5, page 2, line 31, in its entirety and adding a new section

to read:

/     SECTION 6. This act takes effect upon approval by the Governor, except that SECTION 5 takes effect on July 1,

2005.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

SECOND READING BILLS

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

S. 959 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO INCLUDE "BUTORPHANOL" AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360 RELATING TO PRESCRIPTIONS FOR

Printed Page 2336 . . . . . Wednesday, April 19, 2000
CONTROLLED SUBSTANCES, SO AS TO REVISE REFERENCES, DELETE CERTAIN PROVISIONS CONCERNING LABELING OF THESE PRESCRIPTION DRUGS, AND TO INCREASE THE MAXIMUM DOSAGE UNITS THAT MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO STATE AGENCIES HAVING CONTROL OVER METHADONE, SO AS TO REMOVE SUCH CONTROL FROM STATE AGENCIES AND PLACE THE CONTROL EXCLUSIVELY WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-53-720 RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM THIS SECTION TO PROVISIONS GIVING EXCLUSIVE CONTROL TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO AUTHORIZE DISPENSING METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; AND TO AMEND SECTION 44-53-730 RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, AND SECTION 44-53-740, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROMULGATING REGULATIONS RELATING TO METHADONE AND OTHER CONTROLLED SUBSTANCES, BOTH SO AS TO CONFORM THESE SECTIONS TO PROVISIONS GIVING EXCLUSIVE CONTROL OF METHADONE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator GIESE explained the Bill.

S. 1264 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.

Printed Page 2337 . . . . . Wednesday, April 19, 2000

S. 1337 (Word version) -- Senators Passailaigue, McConnell, Courson, Moore, Short, Giese and Ravenel: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO ESTABLISH THE SOUTH CAROLINA CIVIL WAR HERITAGE TRUST PROGRAM.

H. 4266 (Word version) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-141, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.

H. 4618 (Word version) -- Reps. Sharpe, Davenport and Wilkes: A BILL TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.

Senator MOORE explained the Bill.

AMENDED, READ THE SECOND TIME

H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING

Printed Page 2338 . . . . . Wednesday, April 19, 2000
AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.

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

Senator MOORE proposed the following amendment (4558R001.TLM), which was adopted:

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

/   SECTION   ____.   Section 25-21-20 of the 1976 Code is amended to read:

"Section 25-21-20. There is created the board of trustees for the Veterans' Trust Fund of South Carolina composed of eleven members. The board shall serve as an advisory committee to the Veterans' Affairs Division and utilize the staff of the Veterans' Affairs Division in order to carry out its duties, as provided in Section 25-21-30. One member of the board of trustees must be the Director of the Veterans' Affairs Division or his designee. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the positions filled by gubernatorial appointment, four must be county veterans' affairs officers, five must represent veterans' service organizations, and one member must be selected at large. All members of the board of trustees must be United

Printed Page 2339 . . . . . Wednesday, April 19, 2000
States armed forces veterans who were honorably discharged. The members of the board shall elect officers from among themselves as necessary.

Individuals appointed by the Governor shall serve at the pleasure of the Governor and may be removed by the Governor at any time. No member may serve more than eight continuous years.

Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board.

A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly and State Auditor annually."

SECTION   ____.   Section 25-21-30 of the 1976 Code is amended to read:

"Section 25-21-30.   To fulfill its duties and functions, the board is authorized, but not limited to:

(1)   assess the needs of veterans, establish priorities, and develop goals and objectives for the Veterans' Trust Fund;

(2)   make recommendations to the Veterans' Affairs Division as to decide how the monies in the fund must be disbursed;

(3)   accept gifts, grants, and bequests from any person, entity, or foundation, either public or private;

(4)   accept appropriations, loans, or grants from any governmental or quasigovernmental source;

(5)   acquire and hold property;

(6)   invest trust monies, including pooled investment funds maintained by the State;

(7)   solicit proposals for programs aimed at meeting identified needs;

(8)   establish rules of procedure for board meetings and any other function of the fund necessary for the orderly conduct of its business;

(9)   enter into contracts for the awarding of grants to public or private, nonprofit organizations; and

(10)   establish criteria for awarding of grants which shall include the consideration of at least:

(a)   the priority of the service need that the proposal addresses;

(b)   the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;

Printed Page 2340 . . . . . Wednesday, April 19, 2000

(c)   a cost-benefit analysis of the project;

(d)   the degree of community support for the proposal;

(e)   the utilization of local resources, including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not, required;

(f)   the qualifications of employees to be hired under the grant;

(g)   the experience of the proposed project administrators in providing ongoing accountability for the program."

SECTION   ____. Section 25-21-40 of the 1976 Code is amended to read:

"Section 25-21-40.   Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year is available for disbursement upon authorization of the Veterans' Affairs Division Board of Trustees for the Veterans' Trust Fund.

When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the Veterans' Affairs Division Board of Trustees for the Veterans' Trust Fund."   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE

Printed Page 2341 . . . . . Wednesday, April 19, 2000
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.

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

Senator MOORE proposed the following amendment (3741R001.TLM), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 and 5.

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

ADOPTED

S. 920 (Word version) -- Senators Moore, Washington, Wilson, Reese, O'Dell, Passailaigue, Setzler, Hayes, Leatherman, Branton, Courson and Glover: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY

Printed Page 2342 . . . . . Wednesday, April 19, 2000
ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS, INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.

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

ADOPTED

H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.

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

ADOPTED

H. 4517 (Word version) -- Reps. Keegan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes,

Printed Page 2343 . . . . . Wednesday, April 19, 2000
Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REMEMBER THE SACRIFICES AND CONTRIBUTIONS OF THE BRAVE MEN WHO PERISHED ON THE S.S. LEOPOLDVILLE ON DECEMBER 24, 1944, DURING WORLD WAR II.

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

CARRIED OVER

H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE

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MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.

Senator LEVENTIS explained the Bill.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was carried over.

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

MOTION ADOPTED
Good Friday Holiday

Senator DRUMMOND moved that the Senate offices be closed on Friday, April 21, 2000.

There was no objection and the motion was adopted.

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MOTION ADOPTED

Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate stands adjourned today, it stand adjourned to meet in Statewide Session at 10:00 A.M. on Thursday, April 20, 2000.

There was no objection and the motion was adopted.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDMENTS PROPOSED, DEBATE INTERRUPTED

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. 1 (JUD0003.005) proposed by Senators RYBERG and BRYAN:

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

/ SECTION   1.   Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of this State, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. This act prohibits gambling activities on so-called "cruises to nowhere".

SECTION   2.   Chapter 19 of Title 16 of the 1976 Code is amended by adding:

"Section 16-19-170.   (A)   As used in this section:

(1)   `Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates

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gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.

(2)   `Gambling' or `gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.

(B)   It is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:

(1)   the voyage or segment begins and ends in this State; and

(2)   during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.

(C)   The following voyages and segments are lawful if the voyage or segment includes or consists of a segment:

(1)   that begins and ends in this State;

(2)   that is part of a voyage to another state or possession of the United States or to a foreign country; and

(3)   in which the vessel reaches the other state or foreign country within three days after leaving the state in which the segment begins.

(D)   A person convicted of a violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not less than one year nor more than five years, or both."

SECTION 3.   Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This section does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).

SECTION   4.   If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.

SECTION   5.   This act takes effect upon approval by the Governor. /

Amend title to conform.

On motion of Senator RYBERG, Amendment No. P-1 was taken up for immediate consideration.

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Amendment No. P-1

Senator RYBERG proposed the following amendment (3R001.WGR):

Amend the amendment bearing document number JUD0003.005.doc, by striking the amendment in its entirety and inserting in lieu thereof the following:

/   SECTION   1.   This act may be cited as the 'Gambling Cruise Prohibition Act'. It is the intent of the General Assembly in enacting this act to reinforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided under the Constitution and laws of this State extend to any United States or foreign documented vessel in this State or to any United States or foreign documented vessel where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called 'cruises to nowhere' as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called 'cruises to nowhere' described in this act.

Amend the bill further, as and if amended, by striking Section 16-19-170 of the 1976 Code, as contained in SECTION 2, and inserting:

"Section 16-19-170.   (A)   As used in this section:

(1)(a)   'Vessel' means a boat, ship, casino boat, watercraft, or barge, of United States or foreign documentation, kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.

(b)   'Vessel' includes a boat, ship, watercraft, or barge without gambling devices that transports persons to another vessel for the purpose of gambling if the transportation begins and ends in this State and neither the vessel providing such transportation nor the vessel on which the repair or use of any gambling device occurs makes an intervening stop within the boundaries of another state or possession of the United States or a foreign country.

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(2)   'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.

(3)   For purposes of this section, an 'Intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters on a voyage or segment of a voyage, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, each of the following occurs:

(a)   a person repairs or uses any gambling device aboard the vessel; and

(b)   the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for at least six hours so as to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.

(B)   It is unlawful for a person to repair or use any gambling device on a vessel in this State.

(C)(1)   It is unlawful for a person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:

(a)   the voyage or segment begins and ends in this State; and

(b)   during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.

(2)   It is unlawful for a person to operate a vessel as defined in subsection (A)(1)(b).

(D)   A person who violates either subsection (B) or (C)(1) or (2) is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than twenty-five thousand dollars, or both, for each offense. Nothing in this section precludes prosecution for any other applicable gambling offense.

(E)   The prohibition against the repair or use of any gambling device on a vessel that is on a voyage or segment of a voyage as provided for in subsection (C)(1) does not apply to a vessel that meets each of the following criteria:

(1)   the vessel voyages into and remains in United States or international waters outside the jurisdiction of this State for a period of ten hours or more without making an intervening stop;

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(2)   the vessel provides private or semi-private stateroom accommodations for five hundred or more passengers;

(3)   the vessel complies with applicable U.S. Coast Guard laws and regulations pertaining to vessels engaged in international transportation of passengers having berths for five hundred or more passengers;

(4)   the vessel and operator of the vessel are normally and primarily engaged in the transportation of passengers between ports in the United States and foreign countries, or between ports in different states or possessions of the United States;

(5)   in addition to gambling activity the vessel provides amenities, entertainment and activities normally provided on destination cruises to a foreign port or port in another state or possession of the United States;

(6)   the vessel, the voyage or the segment of a voyage upon which the vessel is engaged would meet the specifications of subsection (C)(1) were it not for the exception provided for herein; and

(7)   the vessel and operator of the vessel infrequently and intermittently conduct voyages or segments of voyages not to exceed ten per year that would meet the specifications of subsection (C)(1) were it not for the exception provided for herein.

The exception provided for in this subsection does not apply to the prohibitions against gambling provided for in subsection (B) or subsection (C)(2)."

Amend the bill further by striking SECTIONS 3, 4, 5, 6, 7, 8, 9 and 10 and inserting:

SECTION   3.   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 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, subsections paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 4.   This act takes effect July 1, 2000.   /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

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Senator McCONNELL argued contra to the adoption to the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session.

Initial Appointment, York County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Deborah D. McCullough, 1966 Castlegate Court, Rock Hill, S.C. 29730 VICE Willie G. Boulware

MOTION ADOPTED

On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Michael Jordan Howell, Jr. of Beaufort, S.C.

ADJOURNMENT

At 12:51 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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