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, hear the wise man of old who speaks to every age, Chapter 16 in Proverbs:

"We can make our plans, but the final outcome is in God's hands...

Commit your work to the Lord, then it will succeed."
Let us pray.

Father, election year sort of complicates our problems. Sometimes our people expect us to work miracles for them.

Help us to release the stress and relax with peaceful minds when we have done the best we can do, remembering:

"We can make our plans, but the final outcome is in God's hands."

Help us to take heart when we hear the ancient words, "COMMIT YOUR WORK TO THE LORD, THEN IT WILL SUCCEED."
Amen.

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

Senator ALEXANDER introduced Dr. Jim Pruitt of Seneca, S.C., Doctor of the Day.

H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

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

H. 3341 (Word version) -- Reps. Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC NOTICES AND PUBLIC HEARINGS FOR CERTAIN RATE INCREASES IN INSURANCE LINES SO AS TO FURTHER PROVIDE FOR THESE NOTICES AND HEARINGS AND REVISE AND CLARIFY THE PUBLIC HEARING AND PUBLIC NOTICE REQUIREMENTS FOR AUTOMOBILE INSURANCE RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 WHICH REVISED THE LAWS OF THIS STATE PERTAINING TO AUTOMOBILE INSURANCE; TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT SPECIFIED PROVISIONS OF ACT 154 OF 1997 APPLY TO RATE FILINGS MADE PURSUANT TO ACT 154 OF 1997 REGARDLESS OF WHETHER SUCH PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILINGS ARE FILED WITH THE DEPARTMENT OF INSURANCE PRIOR TO MARCH 1, 1999,

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

S. 984 (Word version) -- Senators Waldrep, Elliott, Hayes, Setzler, Wilson, Leatherman, Branton, Reese, Leventis and Rankin: A JOINT RESOLUTION TO APPROPRIATE TWO HUNDRED TWO THOUSAND DOLLARS FROM THE GENERAL FUND OF THE STATE, REPRESENTING ONE DOLLAR FOR EACH SOUTH CAROLINIAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II AS THIS STATE'S CONTRIBUTION TOWARD THE CONSTRUCTION OF THE NATIONAL WORLD WAR II MEMORIAL ON THE MALL IN WASHINGTON, D.C.

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

There was no objection.

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

S. 1131 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR

Senator McCONNELL 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.

H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.

Senator MOORE 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.

S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.

Senator GIESE asked unanimous consent to request the return of the Bill to the Senate.

There was no objection.

A message was sent to the House accordingly.

H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

Senator RAVENEL asked unanimous consent to recall the Bill from Legislative Council.

There was no objection.

The Bill was returned from Legislative Council, as requested.

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

There was no objection.

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

Senator RAVENEL proposed the following amendment (5024R000.AR), which was adopted:

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

SECTION   1.   Section 7-7-140(B) of the 1976 Code, as last amended by Act 278 of 1998, is further amended to read:

"(B)   The precinct lines defining the above precincts in Charleston County are as shown on the official map of the United States Census Bureau designated as P-1998 P-2000 on file with the Division of Research and Statistical Services of the State Budget and Control Board. The Division of Research and Statistical Services shall provide revised certified copies of maps of the above precincts defining precinct changes incorporated pursuant to this act to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services."

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

Renumber sections to conform.

Amend title to conform.

Senator RAVENEL explained the amendment.

The amendment was adopted.

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

The following were introduced:

S. 1396 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 8 EAST FROM WAREPLACE TO PELZER THE "JAMES WILLIAM CAMPBELL HIGHWAY".
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.

Read the first time and referred to the Committee on Banking and Insurance.

H. 5047 (Word version) -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.

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

H. 5058 (Word version) -- Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

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

On motion of Senator BRANTON, with unanimous consent, H. 5058 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5070 (Word version) -- Reps. Emory and J.M. Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 5078 (Word version) -- Reps. Chellis, Young-Brickell and Bailey: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.

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

On motion of Senator BRANTON, with unanimous consent, H. 5078 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE

The Concurrent Resolution was introduced and referred to the Chairmen's Committee.

H. 5090 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" GOLF TEAM AND HEAD COACH, DONNIE HOLLAND, ON CAPTURING THE 2000 CLASS AAAA STATE GOLF CHAMPIONSHIP.

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

H. 5091 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. BERNARD H. KLINE OF COLUMBIA AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5093 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING GREETINGS TO THE TONEY FAMILY OF LEE AND SUMTER COUNTIES AND WISHING THE FAMILY MEMBERS WELL AS THEY GATHER JULY 1, 2000, IN ELLIOTT, SOUTH CAROLINA, TO CELEBRATE THEIR SIXTH FAMILY REUNION AND PROUD HISTORY AS SOUTH CAROLINIANS.

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

Columbia, S.C., May 17, 2000

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 17, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONIES PAID INTO COURT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.

The House returned the Bill with amendments.

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

S. 1282 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND LIMITS ON RECOVERY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE LIMITS FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIMANT AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF

The House returned the Bill with amendments.

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

S. 1379 (Word version) -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.

Returned with concurrence.

Received as information.

S. 1391 (Word version) -- Senators Wilson, Ravenel, Grooms, Mescher, Passailaigue, Ford and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND

Returned with concurrence.

Received as information.

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

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

H. 3831 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 57-25-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO PROVIDE THAT COMPENSATION FOR THIS PURPOSE IS CONSIDERED TO BE FAIR MARKET VALUE OF THE PARTICULAR INTEREST OF EACH PARTY HAVING AN INTEREST IN THE LOCATION OF THE SIGN WHICH SHALL BE DETERMINED THROUGH APPRAISAL METHODS USED TO DETERMINE JUST COMPENSATION UNDER THE EMINENT DOMAIN PROCEDURE ACT, TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMPENSATION MUST BE PAID PRIOR TO THE REMOVAL OF SUCH SIGNS, AND TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE MAY REQUIRE THE REMOVAL OF AN EXISTING SIGN FOR REASONS OTHER THAN TRAFFIC SAFETY OR PROXIMITY TO SPECIFIED LOCATIONS; AND TO ADD SECTION 57-25-191 SO AS TO PROVIDE FOR ADDITIONAL PROCEDURAL REQUIREMENTS

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

There was no objection.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.

H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS

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

There was no objection.

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

Senator HOLLAND proposed the following amendment (DKA\ 3957SD00), which was adopted:

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

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

"Section 37-6-503.   The Administrator of the Department of Consumer Affairs acting as the Consumer Advocate may appoint an advisory committee of persons with cognizable handicaps to provide advice to the Consumer Advocate in regard to protecting the rights of consumers with these types of handicaps with particular attention to the manner in which consumers with these handicaps interact with those entities regulated by the Public Service Commission. Nothing herein shall require the Consumer Advocate to take a position or undertake an action that is contrary to his general duty to protect and represent the interests of the general public and consumers." /

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

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

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

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

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

There was no objection.

On motion of Senator MOORE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.

H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

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

There was no objection.

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

Senator HUTTO proposed the following amendment (4277R001.CBH), which was adopted:

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

/   SECTION   ___.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-701.   The 'Carolina Wolf Spider', Hogna carolinensis, is designated as the official state spider."   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The 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.

H. 4816 (Word version) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: A BILL TO ESTABLISH ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY MUST RESIDE, PROVIDE THAT ALL SEVEN MEMBERS OF THE BOARD MUST BE ELECTED AT LARGE FROM THE DISTRICT, PROVIDE A SCHEDULE FOR ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES ELECTED, AND PROVIDE FOR FILING VACANCIES.

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

Senator HAYES proposed the following amendment (SWB\ 5279DW00), which was adopted:

Amend the bill, as and if amended, by striking subsection (A) of SECTION 1 and inserting:

"(A)   Notwithstanding any other provision of law, beginning with the elections conducted in 2000, the election districts for the members of the Board of Trustees of Rock Hill School District No. 3 of York County are established and delineated on map number SD 91-3-00, maintained by the office of Research and Statistics of the State Budget and Control Board."

Renumber sections to conform.

Amend the title to read:

TO ESTABLISH FIVE ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY MUST RESIDE AND BE ELECTED AND PROVIDE THAT TWO MEMBERS OF THE BOARD MUST BE ELECTED AT LARGE FROM THE DISTRICT WITHOUT REGARD TO RESIDENCY, PROVIDE A SCHEDULE FOR ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES ELECTED, AND PROVIDE FOR FILING VACANCIES.

Senator HAYES explained the amendment.

The amendment was adopted.

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

On motion of Senator HAYES, with unanimous consent, H. 4816 was ordered to receive a third reading on Friday, May 19, 2000.

H. 5036 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED ON SOUTH CAROLINA HIGHWAY 171 IN CHARLESTON COUNTY WHICH CONNECTS

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

The following Bills and Resolution were carried over:

H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.

On motion of Senator McCONNELL

H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J.H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder, Young-Brickell, Miller and Robinson: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.

On motion of Senator FAIR

H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND

On motion of Senator ELLIOTT

S. 1388 (Word version) -- Senators Grooms, Mescher, McGill and Branton: A CONCURRENT RESOLUTION MEMORIALIZING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.

On motion of Senator RYBERG

Columbia, S.C., May 18, 2000

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.

On motion of Senator MOORE, on behalf of the PRESIDENT Pro Tempore, the Senate insisted upon its amendments to S. 1266 and asked for a Committee of Conference.

Senator BRANTON was recognized to speak on the motion.

Whereupon, the PRESIDENT Pro Tempore appointed Senators J.VERNE SMITH, McCONNELL and JACKSON to the Committee of

Columbia, S.C., May 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, Cotty and J. Smith to the Committee of Conference on the part of the House on:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
Very respectfully,
Speaker of the House

Received as information.

At 11:52 A.M., with Senator BRANTON retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 11:57 A.M., the Senate resumed.

At 12:05 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed thirty minutes.

At 12:35 P.M., the Senate resumed.

At 12:50 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.

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

S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.

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

Senators J. VERNE SMITH, McCONNELL and JACKSON spoke on the Report.

This is the Conference Committee Report of the House and the Senate on the Confederate Flag Bill; Senator McCONNELL from Charleston, Senator JACKSON from Columbia, and VERNE SMITH from Greer. We have a unanimous agreement on this flag bill of all three House members and all three Senators.
The matters up for discussion were these: we agreed that the flag pole would be thirty feet high, we agreed that the flag and flag pole would be illuminated at night and in the general area. And we changed the penalty to the Senate penalty. The House had the penalty that was almost worth murder to deface the monument, but we got it $5,000 and three years, which is substantially the way the law is right now. The flag will come down July 1 at noon. If any other of the members would like to speak on this, we put our hearts and souls in so long - Glenn, do you want to say anything? (Senator McCONNELL spoke)

Senator MATTHEWS:   I guess I will ask the chairman this question. The distance between the flagpole and the monument, what did you all agree upon?
Sen. SMITH:   No more than ten feet. The way the Senate had it in our bill.
Sen. MATTHEWS:   Directly centered behind the monument?
Sen. SMITH:   Yes, sir. Ten feet is what it is, the Senate version. We agreed to the ten feet.
Sen. MATTHEWS:   Are you sure about that?
Sen. MOORE:   Is it true the amendment we adopted yesterday

did in fact say ten feet from the base - not more

than ten feet from the base?
Sen. SMITH:   That was the Senate version.
Sen. MATTHEWS:   We adopted the Senate version we adopted

yesterday, not the original Senate version?
Sen. SMITH:   That's right. Everything is cool, calm and collected.
Sen. MATTHEWS:   I'm not too sure about that Senator.

I would just say that what we did was try to take out any language that would communicate some "in your face" message or whatever. We made the language clear and simple about illumination, that the flag will be illuminated as other things are illuminated. We went with the Senate's version of the penalty, which is the penalty across the board for defacing any monument. I think it is sufficient to say that the law is pretty clear about that. If somebody is bold as a rat to go out there and mess up a monument, they are going to get treated like one, under the law.

Senator WASHINGTON: The illumination -- I think that some of us have concerns as to what you are talking about. I know that you have other monuments lighted on the State House grounds. Are we talking about the same thing, or are we talking about a special light on this particular flag?

Senator LAND:           Senator McCONNELL, would you yield for a question? Could you read us that language? I am still not absolutely clear as to whether there is a spotlight on the flag as such or if the entire area is illuminated.

Senator McCONNELL:     It says, "The flag pole on which the flag is flown and the area adjacent to the monument and flag pole must be illuminated at night, and an appropriate decorative iron fence must be erected around the flag pole."

Senator McCONNELL: We deliberately took out any superlative words or anything so that, as the Senator from Greenville says, it deals with the general illumination, but there is no intent there to put any high beam bulb or anything in there and spot it on it. This would just be proper way it would be done -- no less, no greater.

Thank you, Mr. Chairman.
This vote for me was probably the hardest that I've ever made since I've been here. Because I feel, as we expressed yesterday, that the height was raised out of defiance more than out of a noted value of the Bill. But, what it really boiled down to, it was either going to be thirty-three feet or no flag Bill at all. And we made a commitment to this body yesterday that we would not allow that to kill the Bill and I felt personally obligated to honor that commitment. It's not what I would have preferred.
There are constituents of mine that did not want it to be 20 feet. And to raise it 10 feet out of defiance... it was very, very difficult and we came very close upstairs to not having a deal at all. But I think the best interests of all South Carolinians are going to be served today. There are going to be people on both sides that are going to complain and they are going to express their anger to us. But in the end I think this brings us one step closer to bringing this State together and healing ourselves.

I want to commend the Chairman, Senator McCONNELL, in particular, Senator MOORE and others who have worked very hard to try to bring a consensus. And, I thank God for the Senate even more so. I thank God for the South Carolina Senate.

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/17/00--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/     SECTION   1.   Chapter 10, Title 1 of the 1976 Code is amended by adding:

"Section 1-10-10.   (A)   As of 12:00 noon on effective date of this Act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on effective date of this Act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B)   The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C)   The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
SECTION   2.   Section 10-1-160 of the 1976 Code is amended to read:

"Section 10-1-160.     (A)   The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase a suitable flag flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds provided for maintenance appropriated to it.

(B)   The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C)   The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex

(B)   The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
SECTION   4.   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 thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   5.   The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.
SECTION   6.   The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.
SECTION   7.   All orders for Confederate flags placed with the Sergeant at Arms of the House of Representatives and paid for in full as of May 31, 2000, must be filled.
SECTION   8.   The 1976 Code is amended by adding:

"Section 10-11-315.   It is unlawful for a person to willfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, fence, or structure located on the capitol grounds and a person convicted of a violation of this section shall be punished pursuant to the provisions of Section 10-11-360."
SECTION   9.   This act takes effect on July 1, 2000.       /

Amend title to conform.

/s/ Sen. J.Verne Smith.           /s/Rep.James Harrison
/s/Sen. Glenn F. McConnell        /s/Rep. Bill Cotty
/s/ Sen. Darrell                  /s/Rep. James Smith
On Part of the Senate.         On Part of the House.

The question then was the adoption of the Report of the Committee of Conference.

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

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

Branton                   Fair                      Glover
Grooms                    Mescher                   Peeler
Thomas                    Wilson

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

The Report of the Committee of Conference was adopted.

, and a message was sent to the House accordingly.

Senator FORD spoke on the Report.

It started back in 1967, Mr. Chairman and members of the Senate, when I came to South Carolina and saw the flag. I started a personal one-man crusade against the Confederate Flag, and I just received notice from my leader that I shouldn't rub it in anyone's face. I'm not the type of person that would do that. I had good home training and I respect everyone. My philosophy in life is that if God put breath in every person, and as a Christian and as a human being, I have to respect and love them. During this process, my attitude about people changed and I began to accept a lot of people and what they believe in. That's what America is about as well as South Carolina; that's what I learned in the Civil Rights movement, how to accept people knowing that we have a lot of differences as black and white citizens. I'm proud of South Carolina today and of the Senate.

In 1994, Senators COURSON, JACKSON and others came up with the Heritage Act. In 1994, we were not able to make progress except in this Senate. Now, all of South Carolina could be a part of a great day of coming together of our citizens. Brothers and sisters in the Senate, in South Carolina, it does not make sense for us to be ignorant, fighting each other because of our racial and religious differences. We are all children of God and we have to learn to accept each other and I can accept a GLENN McCONNELL, JOHN COURSON and VERNE SMITH and the rest of my white colleagues in the Senate and the rest of my white colleagues across the hall.

With the kind of experience I had in life, I think all of us in South Carolina can do the same thing. We have a lot in common. What we have in common is that we are human beings. If Bob Jones could draft the policy that they had for almost 100 years, if they could draft a policy that says we are one in the sight of God, if Jesus could say it almost two thousand years ago that we are one in the sight of God, then how could we have any racism left in South Carolina?

With the vote today and with the vote a month ago with Dr. King's birthday, and a Confederate Memorial holiday, I think South Carolina could set the tone for the rest of America on how black and white citizens can get along together. I know when the NAACP goes to Atlanta or goes to Georgia or Mississippi and speaks about changing the flag, that will almost be an impossible situation. It will take two-thirds of the votes in the Georgia State Legislature and two-thirds of the votes in the Mississippi Legislature to do so. This is a happy day for South Carolina. All of us should be proud and I think the coming together of the members of the General Assembly means that it should be a coming together for every citizen in South Carolina. I am very happy and I thank God, the Senate and the General Assembly.

Thank you very much.

At 2:35 P.M., Senator SETZLER assumed the Chair.

Senator FORD spoke on the Report.

On motion of Senator REESE, with unanimous consent, the remarks of Senators J. VERNE SMITH, McCONNELL, JACKSON and FORD were ordered printed in the Journal.

Senator ELLIOTT rose for an Expression of Personal Interest.

I voted against the final conference committee report on moving the Confederate Flag from the dome to the north side of the Capitol because I do not believe this action will resolve the issue. The votes have been divided along racial lines in the legislature and such a division will enable outside groups to continue to use the flag in a

Columbia, S.C., May 18, 2000
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION

Received as information.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips,

Senator MOORE moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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.

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

At 2:40 P.M., on motion of Senator MOORE, the Senate receded from business subject to the Call of the Chair.

At 3:22 P.M., the Senate resumed.

On motion of Senator PEELER, the Bill was read the third time, passed and ordered sent to the House of Representatives.

The House returned the Bill with amendments.

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

Columbia, S.C., May 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

asks for a Committee of Conference, and has appointed Reps. Harrell, Kelley, and Quinn to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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

On motion of Senator RYBERG, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Abner Calhoun Witham of Aiken, S.C.

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Master Bradford Craig, 5, Miss Cathy Craig, 8, and Miss Vicky Craig, 6, of the Midway Community, north of Pickens, S.C., who passed away in a tragic fire on Tuesday, May 16, 2000.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 19, 2000, it stand adjourned to meet next Tuesday, May 23, 2000, at 12:00 Noon, which motion was adopted.

At 3:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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