Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, a wise man of old wrote for the good of the ages words recorded in the Book of Proverbs, Chapter 16 (v. 7): Listen!

"When a man's ways please the Lord, he maketh... his enemies to

be at peace with him."
Let us pray.

O God of immortal love, we get confused in this world of mortal affairs.

We, so often, confuse proper means to achieve most worthy ends and goals in our common life. The things we long for: peace, plenty, happiness, elude our grasp. We, the children of the earth, refuse to fulfill the ancient hope about beating swords into plowshares and spears into pruning hooks!

Lord, in this holy moment, when, of all our moments, time is fleeting and we have so many corporate, legislative decisions to be made, help us to be honest and helpful to each other.

Renew within us Your Spirit that we may, today, put something of the creative touch of our Maker and Master on the tasks to which we shall address ourselves in these hours.
Amen.

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

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

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1997, and to expire June 30, 2001:

SC Bankers Association - Banker:

Paul W. Stringer, The Palmetto Bank, 301 Hillcrest Ave., Laurens, S.C. 29360 VICE Robert E. Coffee

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1998, and to expire September 30, 2001:

Therapist Assistant:

Donna Leigh Ball, 8352 Pope Landing Road, Edisto Island, S.C. 29438

Referred to the Committee on Labor, Commerce and Industry.

On motion of Senator MOORE, with unanimous consent, the appointment of Donna Leigh Ball was recalled from the Committee on Labor, Commerce and Industry.

On motion of Senator MOORE, with unanimous consent, the appointment of Donna Leigh Ball was referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Speech-Language Pathology and Audiology, with term to commence June 1, 1998, and to expire June 1, 2002:

Public:

James G. Bouknight, 857 Abelia Road, Columbia, S.C. 29205 VICE Yvonne B. Williams

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1997, and to expire June 30, 2001:

Service Area 9:

Erbert F. Cicenia, 141 West Carolina Ave., Summerville, S.C. 29483

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1998, and to expire June 30, 2002:

Area 4:

Harry Edloe Greenleaf II, 3618 Hanson Ave., Columbia, S.C. 29204 VICE Elizabeth Green Mountain

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1998, and to expire June 9, 2001:

Nursing Home Administrators - Hospital:

Melvin Kenneth Hiatt, Allendale County Hospital, P. O. Box 218, Fairfax, S.C. 29827 VICE William H. Bundy

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2000, and to expire April 1, 2004:

Midlands - Recipient/Donor/Family:

Steven Anthony Iacono, 104 Delaine Woods Drive, Irmo, S.C. 29063 VICE Lawrence F. McManus

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Speech-Language Pathology and Audiology, with term to commence June 1, 1998, and to expire June 1, 2002:

Audiologist:

Lynn M. Lehman, Au.D., 410 East Henry Street, Spartanburg, S.C. 29302 VICE Lesly Kirby

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2000, and to expire June 30, 2004:

6th Congressional District:

Nancy Hawkins Bailey, P. O. Box 3067, Florence, S.C. 29502 VICE Reverend W. Terry Fowler

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1999, and to expire November 27, 2003:

Public:

Lillian Bowers Glenn, 25 Rowley Street, Greenville, S.C. 29601 VICE Ruth B. Herron

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1998, and to expire November 27, 2002:

Master Social Worker:

Richard George Hepfer, 3208 Wilmont Ave., Columbia, S.C. 29205 VICE Debra N. Ellenburg

Referred to the Committee on Labor, Commerce and Industry.

Senator RANKIN introduced Dr. Richard A. Schmitt (Rich) of Myrtle Beach, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 12:00 Noon, Senator PASSAILAIGUE was granted a leave of absence until 1:15 P.M.

Senator McCONNELL moved that it be the Sense of the Senate that the Clerk is authorized and directed to obtain and have flown over the rostrum of the Senate a sufficient number of Confederate flags to provide one each to the members and officers of the Senate. Be it the further Sense of the Senate the cost of such flags shall be born by the individual choosing to obtain one.

There was no objection and the motion was adopted.

At 12:10 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.

There was no objection and a message was sent to the House accordingly.

H. 4816 (Word version) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: A BILL 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 asked unanimous consent to make a motion to request the return of the Bill from the House.

There was no objection.

The House returned the Bill, as requested.

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

There was no objection.

Senator HAYES asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave the Bill third reading.

There was no objection.

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

Senator HAYES proposed the following amendment (DKA\3828MM00), which was adopted:

Amend the bill, as and if amended, by striking item (3) of subsection (B) as contained in SECTION 1, beginning on page 11 and line 41, and inserting:

/ (3)   Notwithstanding any other provisions of law, beginning with elections conducted in 1996, each candidate for election as a trustee to the school boards in York County School Districts 1, 2, 3, and 4 must file his statement of candidacy with the Registration and Elections Commission for York County for the period beginning no earlier than

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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.

H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.

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

There was no objection.

Senator HOLLAND asked unanimous consent to give the Bill a second reading.

There was no objection.

The Bill was recalled, read the second time with notice of general amendments and ordered placed on the third reading Calendar.

H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

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

The following were introduced:

S. 1397 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MRS. ELSIE BENNETT WILSON FOR HER THIRTY-SEVEN YEARS OF LOYAL AND DISTINGUISHED SERVICE TO CLEMSON UNIVERSITY ON THE OCCASION OF HER RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1398 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO HONOR THE TOWN OF WALHALLA IN OCONEE COUNTY ON THE OCCASION OF THE SESQUICENTENNIAL ANNIVERSARY OF ITS FOUNDING AND TO REQUEST THE HEIRS OF GENERAL JOHN ANDREAS WAGENER, THE TOWN'S FOUNDER, TO ALLOW HIS REMAINS TO BE MOVED TO A PLACE OF HONOR IN THE TOWN OF WALHALLA, WHERE HE DIED AND WAS ORIGINALLY BURIED IN 1876.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1399 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND MR. GARY LEE TURNER OF THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR HIS EXEMPLARY CAREER IN PUBLIC SERVICE, TO EXPRESS THE MEMBERS' PROFOUND RESPECT AND ADMIRATION FOR HIS INTEGRITY, HONESTY, AND DEVOTION TO THE STATE OF SOUTH CAROLINA, TO EXPRESS THEIR FEELING THAT HE WILL BE SORELY MISSED BY THE GENERAL ASSEMBLY FOLLOWING HIS RETIREMENT AT THE END OF THE 2000 LEGISLATIVE SESSION, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1400 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROCK HILL HIGH SCHOOL "BEARCAT" WRESTLING TEAM, ITS LEGENDARY HEAD COACH, JIM BARNES, HIS ASSISTANT COACHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE WRESTLING CHAMPIONSHIP, AND FOR ESTABLISHING A WINNING TRADITION THAT SPANS OVER THE PAST TWENTY-FIVE SEASONS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1401 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING PICKENS MIDDLE SCHOOL FOR ITS OUTSTANDING SCHOOL YEAR AND CONGRATULATING THE SCHOOL FOR EARNING THE PRESTIGIOUS BLUE RIBBON SCHOOL OF EXCELLENCE AWARD, THE HIGHEST AWARD BESTOWED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4563 (Word version) -- Reps. Lourie, Martin and J. Smith: A BILL TO AMEN0D SECTION 56-1-720, CODE OF LAWS OF SOUTH CAR0OLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR THE EVALUATION OF THE OPERATING RECORD OF A PERSON TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED AND FOR THE DETERMINATION OF THE CONTINUED QUALIFICATIONS OF THE PERSON TO DRIVE, SO AS TO REVISE THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A FOUR-POINT VIOLATION FOR SPEEDING AND THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A SIX-POINT VIOLATION FOR SPEEDING; AND TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THE SPEED LIMIT WHILE OPERATING A VEHICLE WITH LESS THAN SIX WHEELS AND VEHICLES WITH SIX WHEELS OR MORE, AND TO PROVIDE THAT A PERSON WHO OPERATES A VEHICLE IN EXCESS OF TWENTY-FIVE MILES AN HOUR ABOVE THE POSTED SPEED LIMIT SHALL LOSE HIS PRIVILEGE TO DRIVE FOR SIX MONTHS.

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

H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.

Read the first time and referred to the Committee on Corrections and Penology.

H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille, Young-Brickell, Loftis, Easterday and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT FOUNDATIONS FOR PUBLIC SCHOOLS FOR SCHOOL AND STUDENT SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE GRANTS FOR CHILDREN, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED GRANTS, TO ATTEND NONGOVERNMENT FUNDED, MANAGED, AND OPERATED SCHOOLS OF THEIR CHOICE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF THESE INCOME TAX CREDITS.

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

H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS0 CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE

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

H. 5080 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSH0AW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE CAMDEN DISTRICT HERITAGE FOUNDATION; TO INSTRUCT

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

On motion of Senator HOLLAND, H. 5080 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5099 (Word version) -- Reps. Huggins, Quinn and Riser: A CONCURRENT RESOLUTION CONGRATULATING THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS SOCCER TEAM, COA0CHES, AND STAFF ON WINNING THE 2000 CLASS AAAA STATE CHAMPIONSHIP.

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

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

H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SEC0TION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PR0OVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE

Ordered for consideration tomorrow.

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

H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-17-550 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.

Ordered for consideration tomorrow.

Columbia, S.C., May 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it is returning the following Bill as requested by the Senate:

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.
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 insists upon the amendments proposed by the House to:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY

Very respectfully,
Speaker of the House

Received as information.

H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR

Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, ANDERSON and SHORT to the Committee of Conference on the part of the Senate 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 concurs in the amendments proposed by the Senate to:
H. 5027 (Word version) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD FROM HIGHWAY 321 UNTIL THE INTERSECTION WITH PINE RIDGE DRIVE IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE

The House returned the Bill with amendments.

On motion of Senator MATTHEWS, 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. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.

The House returned the Joint Resolution with amendments.

On motion of Senator McCONNELL, 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.

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

The House returned the Joint Resolution with amendments.

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

S. 1395 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE THE COAST GUARD CUTTER METOMPKIN ON ITS SERVICE TO THE CHARLESTON COMMUNITY UPON ITS DEPARTURE TO ITS NEW HOMEPORT OF KEY WEST, FLORIDA.

Returned with concurrence.

Received as information.

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

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

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,

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.

By prior motion of Senator BRANTON, with unanimous consent

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.

By prior motion of Senator BRANTON, with unanimous consent

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

H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER

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.

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

Senator MOORE proposed the following amendment (3693R002.TLM), which was adopted:

Amend the committee amendment, as and if amended, page 3693-3, by striking lines 1 through 6 and inserting in lieu thereof the following:/

(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again. The telephone solicitor may require that the called party put his request to be removed from the in-house calling lists in written or electronic mail form and, in such cases, must provide the called party with the solicitor's address. Upon the solicitor's receipt of the called party's written or electronic mail request, the called party's name and telephone number must be deleted from the solicitor's in-house calling lists.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3693.002), which was adopted:

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

/   SECTION   1.   Section 16-17-445 of the 1976 Code is amended to read:

"Section 16-17-445.   (A)   As used in this section:

(1)   'Consumer telephone call' means a call made by a telephone solicitor for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for these purposes.

(2)   'Consumer goods or services' means any tangible personal property which is normally used for personal, family, financial, or household purposes, including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and interests in vacation timesharing plans or vacation ownership plans and any services related to this property. Services sold by institutions licensed and regulated under Title 38 of this code are not consumer goods or services for purposes of this section.

(3)   'Prize promotion' means:

(a)   a sweepstakes or other game of chance; or

(b)   an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.

(4)   'Unsolicited consumer telephone call' means a consumer telephone call other than a call made:

(a)   in response to an express request of the person called;

(b)   primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call; or

(c)   to any a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.

(4)(5)   'Telephone solicitor' means any an individual, firm or organization, partnership, association, or corporation who makes or causes to be made a consumer telephone call.

(5)(6)   'Department' means the Department of Consumer Affairs.

(B)   Any A telephone solicitor who makes an unsolicited consumer telephone call shall: must

(1)   identify himself and the business on whose behalf he is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and

(2)   within thirty seconds after beginning the conversation state the purpose of the call, allow the person called the opportunity to respond, and if the response is negative discontinue the call; and

disclose promptly and in a clear conspicuous manner to the person receiving the call, the following information:

(1)   the identity of the seller;

(2)   that the purpose of the call is to sell goods or services;

(3)   the nature of the goods or services;

(4)   that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion; and

(3)(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again upon request of the called party, provide him with the solicitor's address. Upon his written or electronic mail request, the called party's name and telephone number must be deleted from the solicitor's in-house calling list.

(C)   Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m. on any day.

(D)   Unsolicited calls must disclose to the buyer at the time of solicitations:

(1)   cost of merchandise or method of estimation;

(2)   payment plan; and

(3)   extra or special charges such as shipping, handling, and taxes.

(E)   Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. The department has the authority to monitor compliance with this provision. A person or his agent having who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor.

(F)   The department shall investigate any complaints received concerning violations of this section. If the department finds that there has been a violation of this section, it may impose a civil penalty not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation, and may seek other relief, including injunctive relief, as the court considers appropriate against the telephone solicitor. In addition, any a person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction for a first or second offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and criminal penalties of in this section.

(G)   Telephone companies are not responsible for the enforcement of the provisions of this section, and are not liable for any error or omission in the listings made pursuant hereto to this section."

SECTION   2.   Section 16-17-500 of the 1976 Code is amended to read:

"Section 16-17-500.   (A)   It shall be is unlawful for any person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefor. Any person violating who violates the provisions of this section, either in person, by agent or in any other way, shall be is guilty of a

(1)   for a first offense, by a fine not exceeding twenty-five dollars;

(2)   for a second offense, by a fine not exceeding fifty dollars; and

(3)   for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.

One-half of any fine imposed shall must be paid to the informer of the offense and the other half to the treasurer of the county in which such the conviction shall be had occurred.

(B)   Proof that a person cited for violating this section demanded, was shown, and reasonably relied upon proof of age is a defense to any action brought pursuant to this section. A person cited for violating this section is deemed to have reasonably relied upon proof of age, and the person is not guilty of the violation if the person proves that:

(1)   the individual who purchased or received the tobacco product presented a driver's license or other government-issued photo identification purporting to establish that the individual was eighteen (18) years of age or older; and

(2)   the person cited for the violation confirmed the validity of the driver's license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.

However, this defense does not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver's license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law."

SECTION   3.   Section 16-17-501 of the 1976 Code is amended by adding:

"(6)   'Transaction scan' means the process by which a seller checks, by means of a transaction scan device, the validity of a driver's license or other government-issued photo identification.

(7)   'Transaction scan device' means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or other government-issued photo identification."

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

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

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.

H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

Senator MOORE explained the Bill.

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 SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.

Senator J.VERNE SMITH explained the Bill.

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

The Senate proceeded to a consideration of the Bill. The question being second reading of the Bill pursuant to the provisions of Rule 26D.

Senators SALEEBY and McCONNELL proposed the following amendment (3341R003.EES), which was adopted:

Amend the bill, as and if amended, by striking the bill including the title and inserting the following:
/   TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION RIGHTS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO SPECIFY THE SUBROGATION RIGHTS AND PROCEDURES THAT MUST BE FOLLOWED BY THESE ORGANIZATIONS.

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

SECTION   1.   Section 38-33-50 of the 1976 Code is amended by adding:

"(C)   Any contract issued by a health maintenance organization in this State on or after January 1, 1988, may include provision for subrogation by the health maintenance organization to the enrollee's right of recovery against a liable third party for not more than the amount of insurance benefits that the health maintenance organization has paid previously in relation to the enrollee's injury by the liable third party. If the director or his designee, upon being petitioned by the enrollee, determines that the exercise of subrogation by a health maintenance organization is inequitable and commits an injustice to the enrollee, subrogation is not allowed. Attorneys' fees and costs must be paid by the health maintenance organization from the amounts recovered. This determination by the director or his designee may be appealed to the Administrative Law Judge Division as provided by law in accordance with Section 38-3-210."

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

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 second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

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.

Senator DRUMMOND explained the Bill.

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.

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

Senator WALDREP explained the Joint Resolution.

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

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

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

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

H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

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

The Committee on Labor, Commerce and Industry proposed the following amendment (NBD\12078AC00), which was adopted:

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

/SECTION   1.   Chapter 59, Title 40 of the 1976 Code is amended by adding:

Section 40-59-400.     For purposes of this article:

(1)   'Branch office' means a place of business separate from the principal place of business where building services are offered or provided. A specific project or construction site office is not a branch office.

(2)   'Commission' means the South Carolina Residential Builders Commission established in Article 1.

(3)   'Firm' means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which offers or provides building services through licensed residential builders, residential specialty contractors, or home inspectors.

(4)   'Private practice firm' means a firm through which the practice of residential building, residential specialty contracting, or home inspecting requires a residential business certificate of authorization as described in this chapter.

(5)   'Resident licensee' means a licensed practitioner who spends a majority of each normal workday working out of a principal or branch office and who is in responsible charge of the office and the building services provided from that office including, but not limited to, responsibility for applying for permits for the firm.

(6)   'Responsible charge' means the direction of building services by a residential builder, residential specialty contractor, or home inspector to the extent that successful completion of the building services is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the building services.

Section 40-59-410.     (A)   The practice or offer to practice residential building, residential specialty contracting, or home inspecting through a firm is authorized only through entities holding a residential business certificate of authorization issued by the

(B)   The practice or offer to practice residential home building, residential specialty contracting, or home inspecting as defined in this chapter by an individual residential home builder, residential specialty contractor, or home inspector licensed or registered under this chapter through a firm offering residential building, residential specialty contracting, or home inspecting services to the public is authorized if:

(1)   one or more of the corporate officers in the case of a corporation, or one or more of the principal owners in the case of a firm, or one or more employees are designated as the resident licensee in responsible charge of each principal or branch office for the building services regulated by the commission and are licensed under the provisions of this chapter;

(2)   the firm has obtained an executed surety bond approved by the commission in the sum of fifteen thousand dollars initially and as subsequently provided by regulation; and

(3)   the firm has been issued a residential business certificate of authorization by the commission. Nothing in this section may be construed to mean that a license or registration to practice residential home building, residential specialty contracting, or home inspecting may be held by a firm.

(C)   Approval of firms seeking to incorporate or register to do business in this State under this section must be conditioned upon proper filing with the Secretary of State of the articles of incorporation and revisions to the articles, as certified by the Secretary of State. This section may not be construed to require an additional filing with the Secretary of State not otherwise required by law.

(D)   A firm desiring a residential business certificate of authorization shall file with the department an application on forms provided by the department accompanied by all applicable fees. Each residential business certificate of authorization must be renewed by July first of the licensing period. A renewal form provided by the department must be completed and submitted with all applicable fees. The initial application fee and annual renewal fee are one hundred dollars and as

(E)   Disciplinary action against a firm must be administered in the same manner and on the same grounds as disciplinary action against an individual under this chapter and Section 40-1-110. No firm is relieved of responsibility for conduct or acts of its agents, officers, or employees by reason of its compliance with this section, and no individual practicing residential home building, residential specialty contracting, or home inspecting is relieved of responsibility for professional services performed by reason of his employment or relationship with the firm.

(F)   Nothing in this section may be construed to prohibit firms from joining together to offer residential home building, residential specialty contracting, or home inspecting services to the public, if each separate entity providing the services in this State otherwise meets the requirements of this section. For firms practicing as a professional corporation under the laws of this State, the joint practice of residential home building, residential specialty contracting, or home inspecting with other professions is approved by the commission.

(G)   If the requirements of this section are met, the commission shall issue a residential business certificate of authorization to the firm, and the firm may engage or offer to engage in the business of residential home building, residential specialty contracting, or home inspecting. The commission, however, may refuse to issue a certificate or may suspend or revoke an existing certificate for due cause. A person or organization aggrieved by an adverse determination of the commission may seek judicial review in accordance with this chapter.

(H)   Residential home builders, residential specialty contractors, or home inspectors engaged in practice through firms involving the practice of residential building, residential specialty contracting, or home inspecting may maintain branch offices as well as a principal place of business.

Each principal place of business as well as each branch office must have a resident residential builder, residential specialty contractor, or home inspector in responsible charge of the field and office building work or services provided. A residential home builder must supervise

For purposes of this subsection, 'engaged in practice' means holding oneself out generally to the public as qualified and available to perform residential building, residential specialty contracting, or home inspecting services.

(I)   Nothing contained in this chapter prevents an authorized residential builder or residential specialty contractor from undertaking a residential building project anywhere in the State."

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

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

S. 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

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

Senator HAYES proposed the following amendment (JUD1131.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 40, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 42-1-560 of the 1976 Code is amended by adding:

"(i)   In cases involving a progressive disease in which a claim for compensation under this title 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 death from any person other than the employer, may institute an action at law against third parties before an award for the disease is made under this title and prosecute it to its final determination without being barred from receiving benefits for the disease under this title when the claim vests. In the event that a settlement with a third party or a judgment against a third party is obtained before workers' compensation benefits have been fully paid to the claimant, the commission may, upon request, prior to payment of benefits to which the claimant has proven entitlement, decide the carrier's entitlement to a credit for the claimant's third party recovery against benefits the employee may receive under the workers' compensation act."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN 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.

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 explained the Bill.

Senator MATTHEWS objected to further consideration of the Bill.

H. 4927 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER

Senator MOORE explained the Joint Resolution.

On motion of Senator RYBERG, with unanimous consent, the Joint Resolution was carried over.

H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

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, with unanimous consent, the Concurrent Resolution was carried over.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 23, 2000, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R325, S. 21 (Word version)) -- Senators Leventis, Branton, McConnell, Rankin and Reese: AN ACT TO AMEND SECTION 47-1-40, AS AMENDED,

(R326, S. 767 (Word version)) -- Senators McConnell and Ford: AN ACT TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29 BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
L:\COUNCIL\ACTS\767SOM00.DOC

(R327, S. 952 (Word version)) -- Senator Rankin: AN ACT TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL AND TO REQUIRE CERTAIN TOPICS TO BE COVERED BY THE CONTINUING EDUCATION.
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(R328, S. 962 (Word version)) -- Senators Moore, J. Verne Smith and Alexander: AN ACT TO AMEND TITLE 40, CHAPTER 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
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(R329, S. 985 (Word version)) -- Senators Waldrep and Hayes: AN ACT TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO VOLUNTEERS AT A FREE MEDICAL CLINIC UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMACIST OR WHO HANDLES LEGEND DRUGS IN SUCH A CLINIC STAFFED BY A PHARMACIST, MAY REGISTER AS A PHARMACY TECHNICIAN WITHOUT PAYING A REGISTRATION FEE OR FILING WITH THE BOARD IF A REGISTER IS MAINTAINED AT THE CLINIC AND THESE RECORDS ARE MAINTAINED FOR THREE YEARS; AND TO LIMIT THIS REGISTRATION TO FREE MEDICAL CLINICS.
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(R330, S. 1262 (Word version)) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: AN ACT TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED,

(R331, S. 1266 (Word version)) -- Senator Ford: AN ACT TO AMEND THE 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, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME OF THE STATE HOUSE MUST BE PLACED AND PERMANENTLY DISPLAYED IN A SUITABLE LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31, 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR FENCE LOCATED ON THE CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A SEVERABILITY CLAUSE.
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(R332, S. 1282 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480,

(R333, S. 1297 (Word version)) -- Senators Short, Peeler, J. Verne Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: AN ACT TO AMEND SECTIONS 40-15-80, AS AMENDED, AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.
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(R334, S. 1329 (Word version)) -- Senators Peeler and Drummond: AN ACT 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.
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(R335, S. 1369 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000, BY STUDENTS OF J. N. KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R336, S. 1371 (Word version)) -- Senator Passailaigue: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN CHARLESTON COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT

(R337, H. 3029 (Word version)) -- Rep. Mason: AN ACT 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 TO PROVIDE FOR CRIMINAL PENALTIES FOR A KNOWING VIOLATION OF THE PROVISIONS.
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(R338, H. 3300 (Word version)) -- Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT ANY ENTITY TRANSPORTING PREPRIMARY, PRIMARY, OR SECONDARY SCHOOL STUDENTS TO OR FROM CERTAIN LOCATIONS, AND UTILIZING A SCHOOL BUS, MUST TRANSPORT THESE STUDENTS IN VEHICLES THAT MEET CERTAIN SCHOOL BUS SAFETY STANDARDS BY A CERTAIN DATE, TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT THE TRANSPORTATION OF CHILDREN TO OR FROM A CHILD CARE FACILITY IN NONCONFORMING VEHICLES BY A STATE HUMAN SERVICE PROVIDER OR PUBLIC TRANSPORTATION AUTHORITY AS LONG AS EACH CHILD IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN WHOSE TRANSPORTATION IS IN CONNECTION WITH HIS WORK, EDUCATION, OR TRAINING, TO PROVIDE THAT ANY ENTITY CONTAINED IN THIS PROVISION MAY PURCHASE VEHICLES THAT CONFORM TO THIS PROVISION UNDER CERTAIN STATE CONTRACTS TO FACILITATE COMPLIANCE WITH THESE PROVISIONS, AND TO PROVIDE THAT THIS PROVISION PROHIBITS THE TRANSPORTATION OF STUDENTS BY CERTAIN COMMON CARRIERS OR OTHER ENTITIES AS LONG AS THE MOTOR CARRIAGE USED BY THE COMMON CARRIER OR ENTITY IS DESIGNED TO CARRY THIRTY OR MORE PASSENGERS; AND BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT PARENTS OR LEGAL GUARDIANS OF A STUDENT WHO IS ELIGIBLE TO RECEIVE

(R339, H. 3831 (Word version)) -- Rep. Townsend: AN ACT 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 NOTWITHSTANDING A COUNTY OR MUNICIPAL ZONING PLAN, ORDINANCE, OR RESOLUTION, OUTDOOR ADVERTISING SIGNS CONFORMING TO THE STATE HIGHWAY ADVERTISING CONTROL ACT AND AFFECTED BY STATE HIGHWAY PROJECTS MAY BE RELOCATED PURSUANT TO SPECIFIED FEDERAL PROVISIONS OF LAW TO A POSITION WHICH IS PERPENDICULAR TO THE RIGHT OF WAY OF THE ORIGINAL SIGN SITE, OR MAY BE ALTERED SO THAT NO PORTION OF THE SIGN OVERHANGS THE RIGHT OF WAY.
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(R340, H. 4378 (Word version)) -- Reps. Bailey and Littlejohn: AN ACT TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO ABOLISH THE BOARD FOR BARRIER-FREE DESIGN JUNE 30, 2002, AND DEVOLVE ALL FUNCTIONS, POWERS, AND DUTIES UPON THE ACCESSIBILITY COMMITTEE FOR THE SOUTH CAROLINA BUILDING CODES COUNCIL AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR,

(R341, H. 4512 (Word version)) -- Reps. Webb, Barrett, Dantzler, Harris, Jennings, Leach, Ott, Rhoad, Riser, Robinson, Sandifer, Sharpe, Trotter, Wilkins and Witherspoon: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO MODIFY THE LIMITATION ON THE AMOUNT OF PLANT IMPROVEMENT BONDS WHICH MAY BE ISSUED.
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(R342, H. 5026 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R343, H. 5027 (Word version)) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD FROM HIGHWAY 321 UNTIL THE INTERSECTION WITH PINE RIDGE DRIVE IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.
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On motion of Senator BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harry J. Limehouse of Dorchester, S.C.

At 1:29 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Friday, June 26, 2009 at 9:39 A.M.