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, St. Paul wrote to the Galatians (5:14):

In the paraphrase, "Serve one another, rather in works of love, since the whole of the law is summarized in a single command: Love your neighbor as yourself."
Let us pray.

Good Lord, it is so easy for us to pull away from that which we know to be Your will for us.

We already know more of what Your will for us is than we are willing to do!

So, our prayer today is not so much a general prayer that we may know Your will for us, but that we, on our part, may have the will and the courage to do what we know WE OUGHT TO DO!

We remember that Jesus, in the Garden of Gethsemane, struggling with His role in the Salvation of the world, prayed: "Nevertheless, Father, not my will but Thine be done!"

Amen!

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

The following appointment was transmitted by the Honorable James H. Hodges:

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

Ronald W. Whitman, 20 Sirrine Street, Anderson, S.C. 29624

At 11:05 A.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 12:30 P.M.

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

Senator SETZLER introduced Dr. Gregory T. Squires of Marion, S.C., Doctor of the Day.

H. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Medical Affairs.

There was no objection.

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

H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor, Vaughn, Hawkins and Knotts: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.

Senator MOORE 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. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS

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.

H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.

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

There was no objection.

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

H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.

Senator RANKIN 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. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL

The House returned the Bill with amendments.

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

There was no objection.

Senator SETZLER proposed the following amendment (1111R001.WHB), which was adopted:

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

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SECTION   1.   Section 59-1-420 of the 1976 Code is further amended to read:

"Section 59-1-420.   (A)   Beginning with school year 2000-2001 Notwithstanding any other provision of law, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, no more than two days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences.

(B)   For school years 2001-2002 and 2002-2003, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, seven days must be used for collegial professional development

(C)   Beginning with school year 2003-2004, the statutory school term is one hundred ninety-five days annually and at least one hundred eighty days must be used for student instruction. Of the remaining fifteen days, nine days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than two of these days may be used for preparation of opening of schools."

SECTION 2.   The 1976 Code is amended by adding:

"Section 59-5-75.   The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for requesting an out-of-field permit, taking into consideration the phase-in for middle school certification."

SECTION 3.   The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall include training in the special needs of beginning teachers and the actions to assist them as well as the actions to avoid.

SECTION 4.   The 1976 Code is amended by adding:

"Section 59-5-85.   The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the

The Department of Education shall implement a pilot program to develop procedures for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district so chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."

SECTION 5.   The 1976 Code is amended by adding:

"Section 59-5-95.   The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body and shall include representatives of professional organizations and shall:

(1)   review the state's academic standards in the four core academic areas and current teaching courses;

(2)   determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3)   establish syllabi to guide the development of high quality teacher preparation courses; and

(4)   develop assessments to determine the strengths and weaknesses of the curriculum."

SECTION 6.   The State Board of Education shall:

(1)   establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;

(2)   immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;

(3)   appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4)   revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.

SECTION 7.   Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B)   There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)   review the best practices in the teaching of reading;

(2)   provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)   award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."

SECTION 8.   The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.

SECTION 9.   The 1976 Code is amended by adding:

"Section 59-25-45.     Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining

SECTION 10.   Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j)   the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the Federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Beginning July 1, 2000, the The loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments shall not be reimbursed. The Department of Education and the local school district shall be responsible for annual distribution of the critical needs list. It shall be the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina. Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private

In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"

SECTION 11.   The 1976 Code is amended by adding:

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

(B)   The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of

SECTION 12.   The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC), and National Association of School Psychologists (NASP) to determine comparability and make recommendations regarding recertification cycles, initial certification requirements for these personnel certified out-of-state and incentives for these national certifications. The State Department of Education shall report its findings to the Senate Education Committee and the House Education and Public Works Committee no later than December 1, 2000.

SECTION 13.   The 1976 Code is amended by adding:

"Section 59-26-90.     The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."

SECTION 14.   The 1976 Code is amended by adding:

"Section 59-26-100.   The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."

SECTION 15.   The 1976 Code is amended by adding:

"Section 59-139-90.   The school and district strategic plans required in Section 59-139-10 must include the stated goals and objectives for parent involvement and the methods used for data collection to support statewide evaluation of parent involvement efforts."

SECTION 16.   The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals

SECTION 17.     Section 9-1-1795(B) of the 1976 Code, as added by Section 82, Part II, Act 100 of 1999, is amended to read:

"(B)   For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired nonretired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 May 31 of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."

SECTION 18.     This act takes effect upon approval by the Governor, except that the provisions of Section 59-1-420 (B) and (C) as contained in SECTION 1 shall be implemented upon funding by the General Assembly.

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Renumber sections to conform.

Amend title to conform.

Senator SETZLER 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 were introduced:

S. 1407 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AFFECTING THE GOVERNOR, SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE GOVERNOR MAY ISSUE AN EXECUTIVE ORDER.
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Read the first time and referred to the Committee on Judiciary.

S. 1408 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201, AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE PROVISIONS OF CHAPTER 2A; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-4-104, AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO

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

S. 1409 (Word version) -- Senators Courson, Mescher, Wilson, J. Verne Smith, Anderson, Holland, Patterson, Giese, Branton, Bryan, Drummond, Passailaigue, Ryberg, Leventis, Saleeby, Glover, Ravenel, Waldrep and Hayes: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT

Senator COURSON spoke on the Resolution.

Read the first time and referred to the General Committee.

S. 1410 (Word version) -- Senator Fair: A SENATE RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE ENTRY OF CHINA INTO THE WORLD TRADE ORGANIZATION AND TO DENY CHINA PERMANENT NORMAL TRADE RELATIONS STATUS.
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The Senate Resolution was adopted.

S. 1411 (Word version) -- Senators Short and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.
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Senator SHORT spoke on the Resolution.

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

S. 1412 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE EFFORTS OF THE LATE DR. JAMES I. CALIFF OF MYRTLE BEACH IN DIRECTING THE ESTABLISHMENT OF THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC. AND ALSO RECOGNIZING DR. CALIFF'S OTHER LONG AND TIRELESS EFFORTS ON BEHALF OF THE SENIOR CITIZENS OF HORRY COUNTY AND OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4494 (Word version) -- Reps. Klauber, Hawkins, McGee and Simrill: A BILL TO AMEND SECTION 30-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIVE RELIEF

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

H. 4861 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.

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

H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J.M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson, Rodgers, Simrill, Stille, Taylor, Whatley, Wilder, Stuart and W. McLeod: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE

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

H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 5098 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME COMET STREET IN MURRELL'S INLET IN GEORGETOWN COUNTY AS HEWITT STREET IN HONOR OF WILLIAM L. HEWITT.

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

H. 5103 (Word version) -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15 OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

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

H. 5110 (Word version) -- Reps. Rodgers, Gilham and Lloyd: A BILL TO AMEND ACT 583 OF 1994, RELATING TO THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL DESIGNATE THE CHAIRMAN AND THE VICE-CHAIRMAN OF THE BOARD, AND TO PROVIDE FOR THE VICE-CHAIRMAN TO PRESIDE IN THE ABSENCE OF THE

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

H. 5112 (Word version) -- Rep. Rodgers: A BILL TO AUTHORIZE THE BEAUFORT COUNTY TRANSPORTATION COMMITTEE TO EXPEND ONE THOUSAND FIVE HUNDRED DOLLARS FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE, TO PROVIDE FOR A LIMIT ON THE NUMBER OF TERMS A MEMBER MAY BE APPOINTED, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY REPLACE A MEMBER WHO RESIGNS OR DOES NOT ATTEND A CERTAIN NUMBER OF MEETINGS IN A FISCAL YEAR.

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

H. 5128 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

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

H. 5129 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.

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

H. 5130 (Word version) -- Reps. Riser, Koon, Knotts and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON GIRLS SOFTBALL TEAM FOR WINNING THE CLASS AAAA GIRLS STATE SOFTBALL CHAMPIONSHIP.

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

H. 5132 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JERRY LEE MULLIKIN OF

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

H. 5134 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING DEACON AMOS GILLIAM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF THE FLAT ROCK COMMUNITY IN GREENVILLE COUNTY, FLAT ROCK BAPTIST CHURCH, AND HIS COUNTRY.

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

H. 5136 (Word version) -- Reps. Emory, J.M. Neal: A CONCURRENT RESOLUTION OFFERING THE SINCEREST GRATITUDE OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MRS. FRANKIE G. PHILLIPS OF LANCASTER COUNTY FOR HER THIRTY-THREE YEARS OF CONSCIENTIOUS SERVICE TO THE STATE AND ITS MOST DELICATE CITIZENRY AS SHE RETIRES FROM THE LANCASTER COUNTY DEPARTMENT OF SOCIAL SERVICES.

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

H. 5137 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO LIONS CLUBS INTERNATIONAL FOR THEIR OUTSTANDING HUMANITARIAN SERVICE TO MANKIND OVER MANY YEARS, TO THE LIONS CLUBS INTERNATIONAL FOUNDATION FOR THEIR GENEROSITY IN APPROVING A TWO HUNDRED THOUSAND DOLLAR CORE 4 GRANT TO EXPAND THE LIONS-QUEST PROGRAM AND CHARACTER EDUCATION IN MULTIPLE DISTRICT 32, WHICH IS COMPRISED OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND TO PUBLICLY RECOGNIZE THE HONORABLE JAMES E. "JIM" ERVIN, OF ALBANY, GEORGIA, PRESIDENT, LIONS CLUBS INTERNATIONAL, AND

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

H. 5140 (Word version) -- Rep. M. McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE WILSON HALL "BARONS" GOLF TEAM OF SUMTER COUNTY ON BEING CROWNED AS 2000 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) 3A STATE GOLF CO-CHAMPIONS.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.

Ordered for consideration tomorrow.

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

H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.

Ordered for consideration tomorrow.

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO

Very respectfully,
Speaker of the House

Received as information.

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

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES; TO AMEND SECTION 20-7-7810, RELATING TO THE COMMITMENT OF JUVENILES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH A JUVENILE MAY BE COMMITTED TO AN EVALUATION CENTER AND TO PROVIDE FOR THE COURT ORDER'S CONTENTS PURSUANT TO THIS SUBSECTION; TO

Very respectfully,
Speaker of the House

Received as information.

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J.H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET. (Abbreviated title)

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

Columbia, S.C., May 24, 2000
Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, 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 LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 23, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
and has ordered the Bill Enrolled for Ratification.

Received as information.

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4467 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4767 (Word version) -- Rep. Haskins: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
and has ordered the Bill Enrolled for Ratification.

Received as information.

Columbia, S.C., May 24, 2000
Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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 FILLING VACANCIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 23, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 24, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

At 11:45 A.M., Senator LEVENTIS assumed the Chair.

Senator McCONNELL rose for an Expression of Personal Interest.

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

On motion of Senator PEELER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator RICHARDSON rose for an Expression of Personal Interest.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

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

The House returned the Bill with amendments.

On motion of Senator HUTTO, 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. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT, NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.

The House returned the Bill with amendments.

On motion of Senator MESCHER, 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. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE

The House returned the Bill with amendments.

On motion of Senator LAND, 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. 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.

The House returned the Bill with amendments.

On motion of Senator RAVENEL, 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. 1385 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS ALONG THE NORTHBOUND AND SOUTHBOUND LANES OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY CONTAINING THE WORDS "JUANITA M. WHITE CROSSWALK" AT THE POINT WHERE THE HIGHWAY PASSES UNDER THE CROSSWALK.

Returned with concurrence.

Received as information.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 25, 2000, at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R344, 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: AN ACT 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 ENACT THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT FOR THE PURPOSE OF DEFINING AND PROVIDING FOR CERTIFICATION OF ENTITIES AS COMMUNITY DEVELOPMENT CORPORATIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ADMINISTER GRANTS AND LOANS TO AND PROVIDE TECHNICAL SUPPORT FOR ENTITIES TO CARRY OUT THE COMMUNITY DEVELOPMENT GOALS OF THIS ACT; TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3530 SO AS TO PROVIDE A TAX CREDIT EQUAL TO THIRTY-THREE PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT CORPORATION OR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FIVE MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS AND ONE MILLION DOLLARS FOR ALL TAXPAYERS FOR ONE TAXABLE YEAR; TO PROVIDE FOR A PERFORMANCE AUDIT AFTER FOUR YEARS AND FOR REPEAL OF THESE PROVISIONS AND ALL OTHER LAWS DEALING WITH COMMUNITY DEVELOPMENT CORPORATIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS ON JUNE 30, 2005, ABSENT A REAUTHORIZATION; AND TO MAKE THE TAX CREDIT AVAILABLE IN TAX YEARS BEGINNING AFTER 2000.
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(R345, S. 265 (Word version)) -- Senators Russell and Wilson: AN ACT TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE

(R346, S. 691 (Word version)) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: AN ACT TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2 SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT", TO PROVIDE LEGISLATIVE FINDINGS, DEFINITIONS, AND GUIDELINES FOR FOREST MANAGEMENT, TO DEFINE FORESTRY OPERATION AND FORESTRY MANAGEMENT ACTIVITIES AND PROVIDE THAT NO ESTABLISHED FORESTRY OPERATION IS OR MAY BECOME A NUISANCE, PRIVATE OR PUBLIC, IF THE FORESTRY OPERATION ADHERES TO BEST MANAGEMENT PRACTICES AS PROMULGATED BY THE SOUTH CAROLINA FORESTRY COMMISSION, TO PROVIDE AN ORDINANCE OF A COUNTY OR MUNICIPALITY THAT MAKES A FORESTRY OPERATION FOLLOWING BEST MANAGEMENT PRACTICES AS PROMULGATED BY THE SOUTH CAROLINA FORESTRY COMMISSION A NUISANCE OR PROVIDING FOR ABATEMENT AS A NUISANCE IN DEROGATION OF THIS CHAPTER IS NULL AND VOID, AND TO PROVIDE THAT THE PROVISIONS OF THE ACT DO NOT APPLY WHEN A NUISANCE RESULTS FROM THE NEGLIGENT, ILLEGAL, OR IMPROPER OPERATION OF A FORESTRY OPERATION.
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(R347, S. 1039 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: AN ACT 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

(R348, S. 1279 (Word version)) -- Senator Leventis: AN ACT TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE DATES BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS OR INSTALL CERTAIN CONTAINMENT STRUCTURES, DIKES, OR VESSELS, AND TO FURTHER PROVIDE THE REQUIREMENTS FOR THESE CONTAINMENT STRUCTURES, DIKES, OR VESSELS; TO AMEND SECTION 44-56-440, RELATING TO MORATORIUMS ESTABLISHED ON ADMINISTRATIVE AND JUDICIAL ACTIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING DRYCLEANING FACILITIES AND WHOLESALE SUPPLY FACILITIES RESULTING FROM THE DISCHARGE OF DRYCLEANING SOLVENTS INTO THE SOIL OR WATERS OF THIS STATE, AND THE DRYCLEANING FACILITY RESTORATION TRUST FUND FOR SITE REHABILITATION, SO AS TO REVISE THE DEDUCTIBLES REQUIRED OF A FACILITY APPLYING FOR MONIES FROM THE FUND, AND TO PROVIDE FOR A REFUND OF CERTAIN PREVIOUSLY INCURRED AND APPROVED ASSESSMENTS OR REMEDIAL COSTS; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACILITY

(R349, S. 1361 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
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(R350, H. 3086 (Word version)) -- Rep. Wilder: AN ACT TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
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(R351, H. 3509 (Word version)) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: AN ACT TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTIONS 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER; AND TO ESTABLISH A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, SET FORTH ITS MEMBERSHIP, AND THE DATE FOR THE COMMITTEE TO REPORT TO THE GENERAL ASSEMBLY AND BE DISSOLVED.
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(R352, H. 3870 (Word version)) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan,

(R353, H. 4392 (Word version)) -- Rep. Wilkes: AN ACT TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.
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(R354, 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,

(R355, H. 4767 (Word version)) -- Rep. Haskins: AN ACT TO AMEND SECTION 6-9-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 CONCERNING BUILDING CODES, SO AS TO ALSO EXEMPT LANDSCAPE IRRIGATION SYSTEMS EXCEPT THOSE SYSTEMS WHERE CHEMICAL CONCENTRATES ARE DIRECTLY INJECTED; AND TO AMEND SECTION 24-9-20, AS AMENDED, RELATING TO THE INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS OR PRETRIAL DETAINEES, SO AS TO PROVIDE THAT THE INSPECTION DIVISION FILES ITS REPORT WITH THE CHAIRMAN OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISION HAVING JURISDICTION OF THE INSPECTED FACILITY, THE ADMINISTRATOR, MANAGER, OR SUPERVISOR OF THE POLITICAL SUBDIVISION, THE SHERIFF OR POLICE CHIEF WHO HAS OPERATIONAL CUSTODY OF THE INSPECTED FACILITY, AND THE ADMINISTRATOR OF THE INSPECTED FACILITY INSTEAD OF FILING THE REPORT WITH THE COUNTY LEGISLATIVE DELEGATION, THE STATE FIRE MARSHALL, AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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(R356, H. 4816 (Word version)) -- Reps. Meacham-Richardson, Delleney, McCraw and Simrill: AN ACT 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

(R357, H. 4922 (Word version)) -- Reps. Allison, Davenport and Hawkins: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG, CHARLESTON, AIKEN, AND BEAUFORT COUNTIES 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 OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL AND TO EXCUSE FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN UP TO FOUR SCHOOL DAYS MISSED BY STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON, CHESTERFIELD, AND HORRY COUNTY SCHOOL DISTRICTS DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED.
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(R358, 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 2480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R359, H. 5047 (Word version)) -- Reps. Parks, Carnell and Klauber: AN ACT TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION

(R360, H. 5058 (Word version)) -- Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman: AN ACT 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.
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(R361, H. 5078 (Word version)) -- Reps. Chellis, Young-Brickell and Bailey: AN ACT 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.
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THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution 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. 5080 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE CAMDEN DISTRICT HERITAGE FOUNDATION; TO INSTRUCT THE

By prior motion of Senator HOLLAND

H. 4970 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.

By prior motion of Senator ELLIOTT

H. 5063 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.

By prior motion of Senator ELLIOTT

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.

By prior motion of Senator GREGORY

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

By prior motion of Senator PASSAILAIGUE, with unanimous consent

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

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.

H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 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 PROVIDE 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 MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE

Senator PEELER explained the Bill.

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

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

Senator RANKIN proposed the following Amendment No. 7 (3649R002.LAR), which was adopted:

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

/   SECTION   ___.   Section 33-44-211(c) of the 1976 Code is amended to read:

"(c)   The first annual report must be delivered to the Secretary of State between January first and April first of the year following the calendar year in which a limited liability company was organized or a foreign company was authorized to transact business. Subsequent annual reports must be delivered to the Secretary of State between January first and April first of the ensuing calendar years on or before the fifteenth day of the third month following the close of the taxable year."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 8 (3649R003.LAR), which was adopted:

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

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

"Section 6-11-330.   (A)   The governing body of the district, by a resolution adopted by two-thirds vote of all members of the governing body, request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated and the boundaries of single-member districts, if any, must be presented to the county election commission before August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year.

(B)(1)   Notice of the election must be published by the governing body of the district at least three times before the election, including:

(a)   not less than sixty days before the date of the election;

(b)   a date not more than fifteen and not less than ten days before the date of the election; and

(c)   two weeks after the first date of publication.

(2)   The notice must appear in a newspaper of general circulation within the district and contain, at a minimum, the following:

(a)   the full name of the district and its governing body;

(b)   the names, addresses, and telephone numbers of the members of the district's governing body;

(c)   the existing means of appointment of members of the district's governing body;

(d)   a brief description of the governmental services provided by the district;

(e)   a map showing generally the boundaries of the district and the boundaries of single-member districts, if any;

(f)   a list of precincts and polling places in which ballots may be cast;

(g)   an explanation of the procedure to be followed for election of members of the district's governing body.

(C)   On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file, pursuant to the provisions of Section 6-11-70(B), with the county election commission. All commissioners must be elected for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The commissioners receiving the highest number of votes shall receive the four-year terms. Those remaining commissioners shall serve terms of two years. At the expiration of the two-year terms, these commissioners are elected for terms of four years. All members serve until their successors are elected and qualify. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.

(D)   Each special purpose district shall provide by resolution for the election of its board. Boards shall select one of the following methods of election:

(1)   members of the board elected from the district at large;

(2)   members of the board elected from single-member election districts from the boundaries which have been drawn by the board set forth in the resolution required by Section 6-11-330(A); or

(3)   some members of the board elected from single-member election districts and the remainder elected from the district at large.

(E)   For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority serve terms which expire fourteen days following the general election held three years after the initial election. Those commissioners entitled to serve the initial three-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners serve terms which expire fourteen days following the general election held in the year following the initial election.

(F)   The county election commission shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190."

Section 6-11-332.   Notwithstanding the provisions of Section 2-1-240 or any other provision of law, in the case of special
purpose districts, the governing bodies of which are presently appointed by the Governor, these appointments shall continue to be made in the manner presently provided by law. However, in the case of legislative delegations or members of them presently authorized to recommend or nominate to the Governor persons for membership on special purpose district governing bodies, this authority is limited to the making of nonbinding recommendations."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

At 12:47 P.M., Senator COURSON assumed the Chair.

Senator RANKIN continued explaining the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

At 12:50 P.M., Senator LEVENTIS assumed the Chair.

Senator PASSAILAIGUE proposed the following Amendment No. 10 (GGS\22676CM00):

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:

/ SECTION   _.   Section 4-37-30(A) of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:

"(A)   Subject to the requirements of this section, the governing body of a county may impose by ordinance impose a one percent sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.

(1)   The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:

(a)   the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:

(i)     highways, roads, streets, bridges, mass transit systems, greenbelts, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;

(ii)   jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or

(iii)   projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities;

(b)   the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for each project whichever is shorter in length, for which the tax may be imposed;

(c)   the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and

(d)   the anticipated year the tax will end.

(2)   Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1998, a referendum for this

(3)   A separate question must be included on the referendum ballot for each purpose which purpose may, as determined by the governing body of a county, be set forth as a single question relating to several of the projects, and the question must read substantially as follows:

'I approve a special one percent sales and use tax in the amount of (fractional amount of one percent) (one percent) to be imposed in (county) for not more than (time) to fund the following project or projects:

Project (1) for __________ $ __________

Project (2), etc.'

In addition, the referendum, shall as determined by the governing body of a county, may contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:

'I approve the issuance of not exceeding $_____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.

If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.

(4)   All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under pursuant to the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of May following the date of the referendum. If the certification is not timely made timely to the Department of Revenue, the imposition is postponed for twelve months.

(5)   The tax terminates on the earlier of:

(a)   the final day of the maximum time specified for the imposition; or

(b)   the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.

(6)   When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall include by definition include more than one item as defined in (a)(i) and (a)(ii) to describe the single project or multiple projects for which the proceeds of the tax are to be used.

(7)   Amounts collected in excess of the required proceeds must first must be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.

(8)   The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that

(9)   The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.

(10)   Taxpayers required to remit taxes under pursuant to Article 13, Chapter 36 of Title 12 must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.

(11)   Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(12)   A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report separately in his sales tax return the total gross proceeds from business done in each county.

(13)   The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under pursuant to this section in a county, either under pursuant to the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.

(14)   Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are billed regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.

(15)   The revenues of the tax collected in each county under pursuant to this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the

(16)   The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.

(17)   The Department of Revenue may promulgate regulations necessary to implement this section."

SECTION   _.   Section 4-37-40 of the 1976 Code, as added by Act 52 of 1995, is amended to read:

"Section 4-37-40.   (A)   In a county in which an ordinance is received by the county election commission pursuant to Section 4-37-30(A), if the county has previously imposed a local option sales and use tax pursuant to Chapter 10 of Title 4, the county election commission shall conduct a referendum at the same time as the referendum provided in Section 4-37-30(A) on the question of whether the local option sales and use tax imposed under Chapter 10 of Title 4 shall continue to be imposed. The question must read substantially as follows:

"Must a one percent sales and use tax continue to be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?

(B)   All qualified electors desiring to vote in favor of continuing the tax shall vote "yes" and all qualified electors opposed to continuing the tax shall vote "no". If a majority of the votes cast are in favor of continuing the tax, then the tax shall continue to be imposed as provided in Chapter 10 of Title 4; otherwise, the tax shall not continue to be imposed. If the vote in the referendum is to terminate the tax, the termination is effective on the first day of the first fiscal year following the referendum. Notwithstanding the termination date of the local option sales and use tax, with respect to services that are regularly billed on a monthly basis, the local option sales and use tax is terminated beginning on the first day of the billing period beginning on or after the termination date.

(C)   The provisions of this section are independent of the referendum provided for in Chapter 10 of Title 4.

(D)   Two weeks before the referendum, the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the credit against property taxes in the most recent fiscal year. The notice must show the credit on the following classes of property:

(1)   a primary residence;

(2)   personal property including, but not limited to, an automobile;

(3)   a commercial facility;

(4)   an industrial facility.

(E)   Except as otherwise provided herein, the provisions applicable to conducting and certifying the referendum provided in Section 4-37-30(A) shall also apply to the referendum provided in this section.

At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter, Article 3, chapter 10 of this title, or pursuant to any local legislation enacted by the General Assembly."

SECTION   _.   Section 58-25-35 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:

"Section 58-25-35.   The members of a regional transportation authority created under authority of this chapter must be the municipalities within the service area as defined by this chapter and the counties within the unincorporated areas or of the service area of the authority."

SECTION   _.   Section 58-25-40 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:

"Section 58-25-40.   The authority's board members, officers, and staff must be as follows:

(1)   The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the municipalities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.

There must be at least five board members. The membership of the governing board must be apportioned among the member municipalities and counties proportionate to population within the authority's service area.

As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members, including the resident senator, however, if there is no resident senator, then by a majority of the Senate delegation representing the county. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member municipality population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation. Members shall adopt and abide by rules governing meeting attendance.

(2)   No county or municipality may be a member in more than one authority except that a metropolitan government may be a member of

(3)   Subsequent to the activation of the authority, contiguous counties or municipalities not participating initially may become members of the authority with the same benefits as the initial members pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority. If an election is required, it must be held only in the contiguous counties or municipalities that are seeking to become members of the authority.

(4)   The board of the authority shall elect one of its members as chairman, one as vice-chairman, and other officers as may be necessary, to serve for one year in that capacity or until their successors are elected and qualify. A majority of the board constitutes a quorum. A vacancy on the board does not impair the right of the authority to exercise all of its rights and perform all of its duties. Upon the effective date of his appointment, or as soon after appointment as practicable, each board member shall enter upon his duties.

(5)   A board member of the authority may be removed from office by the governing body which appointed him for misconduct, malfeasance, or neglect of duty in office. Any vacancy so created must be filled as provided above.

(6)   The authority may employ an executive director, who may serve as secretary or treasurer, to serve at the pleasure of the authority. The executive director may employ any employees as may be necessary for the proper administration of the duties and functions of the authority and may determine the qualifications of the persons. The authority shall adopt compensation plans for employees." /

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator RANKIN objected to further consideration of the Bill.

Senator PASSAILAIGUE, with unanimous consent, spoke on the Bill.

H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,

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

Senators REESE and THOMAS proposed the following amendment (3735R001.GGR), which was adopted:

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

SECTION   ___.   Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-23.     (A)   It is an unlawful trade practice under Section 39-5-20 for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:

(1)   the person is registered with the Department of Insurance for this express purpose;

(2)   the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;

(3)   documentation is provided to the Department of Insurance that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and

(4)   the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.

(B)   A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.

(C)(1)   A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.

(D)   This section does not apply to:

(1)   a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;

(2)   eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;

(3)   an insured benefit administered by a health insurer, health care service contractor, or health maintenance organization; or

(4)   an insured benefit administered by, or under contract with, the State of South Carolina.

(E)   For purposes of this section, 'person' means an individual, corporation, partnership, or any other business entity including, but not limited to, a health maintenance organization, an insurance company, or a third party payor."   /

Renumber sections to conform.

Amend title to conform.

Senator REESE 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.

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 DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.

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

Senator BRANTON proposed the following amendment (1402R002.WSB), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 41 and 42 and inserting the following:

/   elected and qualify. Vacancies on the board must be filled by appointment of the county legislative delegation upon a majority vote of the members of the House of Representatives and a majority of the Senators representing District No. 2 until the next/

Amend the bill further, as and if amended, page 2, by striking lines 32 through 34 and inserting the following:

/   eighty days or less before the general election, the members of the legislative delegation representing the district shall fill the vacancy must be filled by appointment upon a majority vote of the members of the House of Representatives and a majority of the Senators representing District No. 4 All persons person desiring to qualify as candidates and be       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

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

H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.

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

There was no objection.

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

There was no objection.

H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60,

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

Senator THOMAS proposed the following amendment (GJK\ 21451SD00), which was adopted:

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

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

"Section 44-96-165.   (A)   The Department of Health and Environmental Control, in consultation with the State Auditor, shall contract with one or more qualified, independent certified public accountants on a one-year basis to audit revenues and disbursements from the Solid Waste Management Trust Fund and the Waste Tire Trust Fund established pursuant to Section 44-96-120 and from the Petroleum Fund established pursuant to Section 44-96-160(V). The auditors may audit any relevant records of any public or private entity that has submitted, kept, handled, or tracked monies for any of the three funds. This contract shall be funded by the Solid Waste Management Trust Fund, the Petroleum Fund, and the Waste Tire Trust Fund.

(B)   Notwithstanding any other provision of law, one-third of the collective increase in the amount of monies received by the Solid Waste Management Trust Fund, the Waste Tire Trust Fund, and the Petroleum Fund during any fiscal year beginning with fiscal year 2000-2001 above the collective amount of monies received by these funds during fiscal year 1999-2000 must be remitted to the Governor's Office within ninety days after the close of that fiscal year to establish and operate a State Beautification Program by the Governor's Task Force on Litter, a 501(c)(3) eleemosynary corporation organized in 1999. The collective increase in the monies received by these funds for any fiscal year shall not be determined cumulatively but shall be determined year by year by comparing the total funds received during that year against the total funds received during the base year of 1999-2000.

(C)   The provisions of Chapter 35 of Title 11 do not apply to activities or expenditures of the State Beautification Program operated by the Governor's Task Force on Litter. /

Renumber sections to conform.

Amend title to conform.

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

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

Senator SALEEBY proposed the following amendment (JUD4849.004), which was adopted:

Amend the committee amendment, as and if amended, page [4849-1], beginning on line 22, by striking SECTION 1 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senator GREGORY proposed the following amendment (JUD4849.005), which was adopted:

Amend the committee amendment, as and if amended, page [4849-2], line 27, in Section 23-49-50, as contained in SECTION 2, by striking line 27 in its entirety and inserting therein the following:

/     one part of the State to another part of the State or from one state to another state. The plan is   /.

Amend the committee amendment further, as and if amended, page [4849-2], beginning on line 37, in Section 23-49-60(A), as contained in SECTION 2, by striking lines 37 and 38 and inserting therein the following:

/   and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for   /.

Amend the committee amendment further, as and if amended, page [4849-3], line 21, in Section 23-49-80, as contained in SECTION 2, by striking /strike teams/ and inserting /   other fire and rescue resources/.

Amend the committee amendment further, as and if amended, page [4849-5], line 3, in Section 40-200-10(B), as contained in SECTION 3, by striking /five/ and inserting /   eight   /.

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4849.003), 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 15-78-60, as last amended by Act 77 of 1999, is further amended by adding a new item at the end:

"( )   acts or omissions of the South Carolina Forestry Commission, the State Forester, and their agents, officers, and employees in using or distributing donated equipment that is apparently fit for use by humans and for its intended purpose to a fire department or other organization, when such acts or omissions are done or made in good faith and do not constitute gross negligence, recklessness, or intentional misconduct of the South Carolina Forestry Commission, the State Forester, or their agents, officers, and employees."   /

SECTION   2.   Title 23 of the 1976 Code is amended by adding:

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

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

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

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

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

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

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

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

Section 23-49-70.     The South Carolina Firefighter Mobilization Oversight Committee shall appoint the number of state and regional

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

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

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

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

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

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

(a)   a fire department;

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

(c)   the South Carolina Forestry Commission or commission cooperators.

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

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

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

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

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

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

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

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

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

SECTION   3.   Title 40 of the 1976 Code is amended by adding:

"Section 40-200-10.     (A)   Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer shall ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

(B)   The cost of the criminal records check shall not exceed five dollars.

(C)   No person shall be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2000, who is convicted, pleads guilty, pleads no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson-related crime, or use of a controlled substance within the last ten years.

(D)   No criminal records check shall be required of any firefighter employed on or before June 30, 2000."

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

At 1:00 P.M., Senator WALDREP assumed the Chair.

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 THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON

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

The Committee on Agriculture and Natural Resources proposed the following amendment (PPLH3434001), which was adopted:

Amend the bill, as and if amended, Section 49-5-130, page 26, by striking lines 23 through 30 and inserting in lieu thereof the following:

/   Section 49-5-130.   Wells that are flowing by releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that the water from these wells may be utilized to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The department may promulgate regulations to govern use of these wells in this State.       /.

Amend the bill further, as and if amended, Section 49-5-110(10), page 25, by striking lines 28 through 43 and page 26, by striking lines 1 and 2 and inserting in lieu thereof the following:

/       (10)   evaluate and conduct, or have conducted, investigations regarding aquifer sampling, aquifer characteristics, hydrogenologic modeling, and other engineering, scientific, and economic analysis, including the establishment of minimum aquifer levels to carry out the provisions of this chapter. In conducting such investigations, the department will consider and utilize, as appropriate, reports, research, and studies of federal, state, or local agencies and departments of government. The results of these investigations shall serve as the basis for the evaluation of applications and the determination of applicable permit conditions.

The department shall negotiate agreements, accords, or compacts on behalf of and in the name of the State and with other states or the United States, or both, with an agency, department, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. In negotiating such agreements, the department will consider, as appropriate, information provided by potentially affected federal, state, or local agencies and departments of government and will advise such

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the committee amendment.

The committee amendment was adopted.

Senator LEVENTIS proposed the following amendment (PPLH343408), which was adopted:

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

/     SECTION___.     Chapter 23, Title 49 of the 1976 code is amended to read:

Section 49-23-10.   This chapter may be cited as the South Carolina Drought Response Act of 1985.

Section 49-23-20.   As used in this chapter:

(a)   'Department' means the Department of Natural Resources.

(b)   'Conservation' means a reduction in usage of water, to minimize or prevent depletion or waste of the water resource.

(c)   'Drought Response Committee' means the committee created under Section 49-23-50 49-23-60 to be convened to address drought related problems and responses.

(d)   'Office of primary responsibility' means the Department of Natural Resources.

(e)   'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other another state or country.

(f)   'Drought' means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State.

(f)g   'Water resources' means any and all water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground.

(g)h   'Diffused surface water' means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies.

(i)     'Drought indices' means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. The department must, through regulation, establish specific numerical values for the indicies that define each level of drought.

(h)(j)   'Incipient drought' means that there is a significant threat of a drought as indicated demonstrated by a Palmer Index of -0.50 to -1.49 drought indices. The incipient drought phase will shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The State Climatology Office, which department shall routinely monitors monitor the climatic variables, streamflow, and water levels in potable drinking water supplies and water levels in the above and below ground water tables and lakes, will inform those agencies on the notification list, and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is experiencing an incipient drought condition. The department will must increase monitoring activities to identify any a change in existing conditions.

(i)   (k)   'Moderate drought' exists when the Palmer Index reaches the -1.50 to -2.99 range and, moderate drought conditions have developed as verified by other means, means that there is an increasing threat of a drought as demonstrated by drought indices. If conditions indicate that this situation will persist, Statements will must be released to the news media by the State Climatologist department, and appropriate agencies will must accelerate monitoring activities.

(j)   (l)     'Severe drought' exists when the Palmer Index reaches the -3.00 to -3.99 range and, severe drought conditions are verified by other means, means that the drought has increased to severe levels as demonstrated by drought indices. This phase will must be verified utilizing data, forecasts, and outlooks from various agencies in conjunction with National Weather Service forecasts and routinely

(k)(m)   'Extreme drought' exists when the Palmer Index reaches or falls below -4.00 and, extreme drought conditions are verified by other means means that the drought has increased to extreme levels as demonstrated by drought indices. The State Climatology Office department will shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use and withdrawal restrictions be imposed.

(l)(n)   'Board' means the governing authority of the Department of Natural Resources.

Section 49-23-30.   The department shall formulate, coordinate, and execute a comprehensive drought response mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of Title 49,) to the extent that the plan is compatible with the comprehensive state water resources policy plan. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other state agencies capable of in assisting in drought mitigation planning and response.

Section 49-23-40.   This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-1020. The drought response plan shall apply applies to every person using water in this State.

Section 49-23-50.   Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in (Chapter 3 of

(a)   routinely monitor and record climatic and other data necessary for the determination of drought conditions;

(b)   make investigations it considers proper to determine whether action by the department in discharging its duties is necessary;

(c)   determine levels of drought after consultation with the Drought Response Committee based upon data collected;

(d)   establish drought management areas within the State in order to:

(1)   enable drought response mitigation to be accomplished within defined geographical areas;

(2)   prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county or watershed.

(e)   establish drought alert phases based upon drought levels and provide the following kinds of notice of at each drought alert phase:

(1)   The department shall notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals.;

(2)   The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase.;

(3)   The department may take any other action appropriate to announce a drought alert.;

(f)   coordinate and implement responses to announced drought alert phases after required notification;

(g)   execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and to fulfill its duties and the purposes of this chapter.

Section 49-23-60.   (a)(A)   The department shall coordinate appropriate drought response upon consultation with a the Drought Response Committee. The Drought Response Committee is composed of two parts, as follows:

(1)   A a statewide committee composed of the following state agencies: South Carolina Emergency Preparedness Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources.;

(2)   A a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor on the recommendation of the legislative delegations from each of the drought management areas with the advice and consent of the Senate to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, and commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor on the recommendation of the legislative delegations from each of the drought management areas may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response within each drought management area only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe and extreme drought declarations. The department Governor shall appoint the chair of the Drought Response Committee. The department shall and provide administrative support.

(b)(B)   The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, power generation facilities, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area of the date, time, and location of the Drought Response Committee meetings and subsequent notice of actions taken by the Committee.

(c)(C)   The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter.

Section   49-23-70.   (a)(A)   Upon the inception of a drought alert phase, the department is responsible for disseminating public information concerning all aspects of the drought. The initial action in responding to drought must be public education, providing information as to existing and potential conditions and water conservation measures necessary to meet the demand presented at each drought alert phase.

(b)(B)   The department shall provide available information on water demands and use to any significant water user, public or private, in order to promote voluntary water conservation.

(c)(C)   The department may promulgate regulations to specify categories of nonessential water use. Water used strictly for firefighting purposes, health and medical purposes, maintaining instream flow minimum streamflow requirements, and minimum water levels in the potable drinking water suplies and the above and below ground water tables, and the use of water to satisfy federal, state, or local public health and safety requirements is considered essential water use. The department by regulation may provide for the mandatory curtailment of nonessential water uses during periods of severe or extreme drought in drought management areas. Mandatory curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. Upon such a finding, the Drought Response Committee shall determine which categories of nonessential water must be curtailed after reviewing each category by the following standards:

(1)   the purpose of the use,;

(2)   the suitability of the use to the watercourse, lake, or aquifer,;

(3)   the economic value of the use,;

(4)   the social value of the use,;

(5)   the extent and amount of the harm it causes,;

(6)   the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other,;

(7)   the practicality of adjusting the quantity of water used by each proprietor;

(8)   the protection of existing values of water uses, land, investments, and enterprises;

(9)   the consumptive or nonconsumptive nature of the.

Following such determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be

(d)(D)   During any drought alert phase, the department may offer its services to mediate any dispute arising from competing demands for water. The mediation may be undertaken only upon the request of the parties involved and may not be binding. Any A mediation shall not stop or preclude the department and the Drought Response Committee from taking any other action authorized by this chapter. A party affected by a declaration of the Drought Response Committee has the right to appeal that action to the Administrative Law Judge Division. The appeal must be filed within five days of the declaration. The filing of an appeal operates as an immediate stay of the declaration of the Drought Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law Judge Division within five days of the filing of the notice of appeal with the Administrative Law Judge Division. All issues under appeal must be heard as a contested case pursuant to the provisions of the Administrative Procedures Act and the rules of the Administrative Law Judge Division.

Section 49-23-80.   In the event If the Drought Response Committee determines that drought the severity of the conditions in any a drought management area have progressed to the extent that the safety, security, health, or welfare of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the

Section 49-23-90.   (a)(A)   Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances, or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. Within six months of approval by the General Assembly of regulations promulgated to implement this chapter, The department shall prepare and distribute a model drought response ordinance or ordinances plan.

(b)(B)   Local drought ordinances or plans must be adopted within eighteen months of the approval by the General Assembly of regulations adopted pursuant to this chapter; but any A proposed ordinance or plan must or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.

Section 49-23-100.   (a)(A)   Any A person violating any a provision of this act chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor and not more than one thousand dollars for each violation. In addition, if any a person is adjudged to have committed the violation willfully, the court may determine that each day during which the violation continued constitutes a separate offense.

(b)(B)   In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director may, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter."   /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS 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.

At 1:07 P.M., Senator LEVENTIS assumed the Chair.

S. 1198 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-415 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO BE RESPONSIBLE FOR FUNDING EACH COUNTY SHERIFF'S SITE PREPARATION AND MAINTENANCE COSTS AS PART OF A STATEWIDE COMPUTERIZED SEX OFFENDER REGISTRY NETWORK.

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

At 1:10 P.M., Senator LAND assumed the Chair.

The Committee on Judiciary proposed the following amendment (JUD1198.002), which was adopted:

Amend the bill, as and if amended, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 23-3-415.     The State Law Enforcement Division is responsible for funding each county sheriff's site preparation costs as part of a statewide computerized sex offender registry network developed by the division. Each sheriff must use the funding for the installation of a backdrop and lights, configuration of a room to accommodate a computer and camera, and storage."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

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

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

Senators BRYAN, McCONNELL and HOLLAND proposed the following amendment (JUD3692.002), which was adopted:

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

/   SECTION   ____.   Section 15-7-30 of the 1976 Code is amended to read:

"Section 15-7-30.   In all other cases, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such the action resides at the time of the commencement of the action. If none of the parties defendants shall reside in the State, the action may be tried in any county which the plaintiff shall designate designates in his complaint; however, if a defendant is a company involved in the transportation of goods or persons by rail, the action must be tried, at the option of the plaintiff, in the county where the cause of action arose, where the plaintiff resided when the cause of action arose, or where the defendant has his principal place of business.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

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

H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.

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

The Committee on Judiciary proposed the following amendment (JUD4684.002), 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 17-23-162.     The affiant on an arrest warrant must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant."     /

Renumber remaining sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

Senator BRYAN proposed the following amendment (JUD4684.003), which was adopted:

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

/   SECTION   ___.   Section 23-3-670 of the 1976 Code is amended to read:

"Section 23-3-670.     (A)   A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court. If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated. If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B)   The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."   /

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

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

H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG

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

Senator HOLLAND proposed the following amendment (JUD4358.001), which was adopted:

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

/   SECTION   ___.   Chapter 1, Title 50 of the 1976 Code is amended by adding:

"Section 50-1-91.   (A)   For purposes of this section:

(1)     'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a paved road in this State.

(2)     'Weapon' means a firearm, archery equipment, or any other device that shoots or hurls a bullet, missile, shot, or projectile of any sort.

(B)   When hunting deer in game zone 5, for a period of three years after the effective date of this section and except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across, the right-of-way of any paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way if his weapon is completely unloaded, contains no shells, and inaccessible for immediate use within a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, if his weapon is in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person who violates this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section.

(D)   For a period of three years after the effective date of this section, the offense set forth in this section must be added to the list of crimes in Section 56-7-10 for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of this section using either the uniform traffic ticket authorized by Section 56-7-10 or a summons ticket authorized by Section 50-3-410.

(E)   For a period of three years after the effective date of this section, the provisions of Section 50-11-760 are suspended in game zone 5 only. During the three-year period when Section 50-11-760 is suspended, the hunting of all game in game zone 5 from rights-of-way owned by railroads is prohibited whenever the railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting', as used in this section, includes the hunting of deer by occupying stands therefor."     /

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND 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.

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

S. 1374 (Word version) -- Senator Moore: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

S. 1386 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULL-TIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.

H. 4881 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 4881 was ordered to receive a third reading on Friday, May 26, 2000.

H. 5101 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

By prior motion of Senator LEATHERMAN

H. 5102 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.

By prior motion of Senator LEATHERMAN

H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED.

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

The Committee on Judiciary proposed the following amendment (JUD4426.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 37, by striking SECTION 1 in its entirety and inserting therein the following:

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

"Section 10-1-205.     A computer which:

(1)   is located in a lending library supported by public funds, public school library or media arts center, or in the library of a public institution of higher learning as defined in Section 59-103-5;

(2)   can access the Internet; and

(3)   is available for use by the public or students, or both;

shall have its use policies determined by the library's or center's governing boards, as appropriate. The governing boards must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16."   /

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

/   SECTION   ___.   Section 15-78-60, as last amended by Act 77 of 1999, is further amended by adding a new item at the end:

"(35)   the failure of a library's or media arts center's governing board to adopt policies as provided in Section 10-1-205."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN 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.

On motion of Senator SALEEBY, with unanimous consent, H. 4426 was ordered to receive a third reading on Friday, May 26, 2000.

H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE

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

The Committee on Judiciary proposed the following amendment (JUD3553.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 34, by striking SECTION 2, in its entirety and inserting therein the following:

/   SECTION   2.   This act takes effect upon approval by the Governor and applies to juveniles adjudicated for the commission of a violent offense on or after the effective date of this act.   /

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE

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

Senator WALDREP proposed the following amendment (JUD4003.005), which was adopted:

Amend the committee amendment, as and if amended, page [4003-9], line 3, in Section 20-7-8510(F), as contained in SECTION 4 by striking line 3 in its entirety and inserting therein the following:

/     (1)   other basic descriptive information including, but not limited to, a photograph;   /

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4003.004), 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 20-7-6605 of the 1976 Code is amended to read:

"Section 20-7-6605.     When used in this article and unless otherwise defined or the specific context indicates otherwise:

(1)   'Child' means a person less than seventeen years of age. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20

(2)   'Court' means the family court.

(3)   'Department' means the Department of Juvenile Justice.

(4)   'Guardian' means a person who legally has the care and management of a child.

(5)   'Judge' means the judge of the family court.

(6)   'Parent' means biological parent, adoptive parents, step-parent, or person with legal custody.

(7)   'Parole board' means the Board of Juvenile Parole under the Department of Juvenile Justice.

(8)   'Status offense' means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification.

(9)   'Criminal justice purpose' means:

(a)   the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or

(b)   the collection, storage, and dissemination of child offense history records."

SECTION   2.   Section 20-7-7205(C) of the 1976 Code is amended to read:

"(C)   When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the

A law enforcement officer must notify the principal of the school in which a child is enrolled if:

(1)   the law enforcement officer takes a child into custody for any offense and the child is placed in a juvenile detention facility; or

(2)   the child is charged with any of the following offenses:

(a)   a violent crime, as defined in Section 16-1-60;

(b)   an offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult;

(c)   a crime in which a weapon, as defined in Section 59-63-370, was used;

(d)   assault and battery against school personnel, as defined in Section 16-3-612;

(e)   assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or

(f)   distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.

This information may be used by the principal for monitoring and supervisory purposes, but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510(E)."

SECTION   3.   Section 20-7-8505 of the 1976 Code is amended to read:

"Section 20-7-8505.   Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school

SECTION   4.   Section 20-7-8510 of the 1976 Code is amended to read:

"Section 20-7-8510.   (A)   The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's

(B)   The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:

(1) a violent crime as defined in Section 16-1-60;

(2) grand larceny of a motor vehicle;

(3) a crime in which a deadly weapon was used; or

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.

The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy.

(C)   A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:

(1)   a violent crime as defined in Section 16-1-60;

(2)   rand larceny of a motor vehicle;

(3)   crime in which a weapon was used; or

(4)   istribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.

In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.

A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.

The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.

The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release

The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.

(D)   Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.

Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney.

(E)   Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.

(1)   The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses:

(a)   a violent crime, as defined in Section 16-1-60;

(b)   a crime in which a weapon, as defined in Section 59-63-370, was used;

(c)   assault and battery against school personnel, as defined in Section 16-3-612;

(d)   assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or

(e)   distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.

(2)   The principal of a school may request from the department the child offense history of any child enrolled in or who has applied for enrollment in that school. The department must provide the child offense history to the principal of the school if the child has been adjudicated delinquent for any of the following offenses:

(a)   a violent crime, as defined in Section 16-1-60;

(b)   a crime in which a weapon, as defined in Section 59-63-370, was used;

(c)   assault and battery against school personnel, as defined in Section 16-3-612;

(d)   assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or

(e)   distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.

(3)   Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to:

(a)   the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location;

(b)   the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and

(c)   limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational needs of the child.

(F)   The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23. When requested, the department must provide the victim of a crime with the name of the child and the following information retained by the department concerning the child charged with the crime:

(1)   a photograph, if one is available;

(2)   information about the juvenile justice system;

(3)   the status and disposition of the delinquency action including hearing dates, times, and locations;

(4)   services available to victims of child crime; and

(5)   recommendations produced by the department for the court for the purpose of a dispositional hearing.

(G)   The department or the South Carolina Law Enforcement Division, or both, must provide to the Attorney General, a solicitor, or a law enforcement agency, upon request, a copy of a child offense history for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The department and the South Carolina Law Enforcement Division must maintain the child offense history of a person for the same period as for offenses committed by an adult.

(H)   Other information retained by the department may be provided to the Attorney General, a solicitor, or a law enforcement agency pursuant to an ongoing criminal investigation or prosecution.

(I)   The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of:

(1)   aiding the department in apprehending an escapee from the department;

(2)   assisting the Missing Persons Information Center in the location or identification of a missing or runaway child;

(3)   locating and identifying a child who fails to appear in court as summoned;

(4)   locating a child who is the subject of a house arrest order; or

(5)   as otherwise provided in this section.

(J)   Nothing in this section shall be construed to waive any statutory or common law privileges attached to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."

SECTION   5.   Section 20-7-8515 of the 1976 Code is amended to read:

"Section   20-7-8515.   Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This

(A)   Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this article to receive the information.

(B)   Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of these records are public records.

(C)   Law enforcement agencies must maintain admission and release records on children held in secure custody, nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.

(D)   Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, and the Department of Probation Parole and Pardon for criminal justice purposes without a court order.

(E)   Incident reports in which a child is the subject are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the school in which the child is enrolled when the child has been charged with any of the following offenses:

(1)   a violent crime, as defined in Section 16-1-60;

(2)   an offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult;

(3)   a crime in which a weapon, as defined in Section 59-63-370, was used;

(4)   assault and battery against school personnel, as defined in Section 16-3-612;

(5)   assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or

(6)   distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.

Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.

(F)   A child charged with any offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may only be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.

(G)   A child charged with an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the court for an order to fingerprint a child when:

(1)   the child is charged with any other offense; or

(2)   the law enforcement agency has probable cause to suspect the child of committing any offense.

(H)   The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.

(I)   The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult.

(J)   The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to a law enforcement agency upon request by that agency for criminal justice purposes or to assist the Missing Person Information Center in the location or identification of a missing or runaway child.

(K)   The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.

(L)   Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."

SECTION   6.   Section 20-7-8520 of the 1976 Code is amended to read:

"Section   20-7-8520.     (A)   A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless:

(1)   authorized by court order;

(2)   the solicitor has petitioned the court to waive the child to circuit court;

(3)   the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or

(4)   the child has been adjudicated delinquent in court for one of the following offenses:

(a)   a violent crime, as defined in Section 16-1-60;

(b)   grand larceny of a motor vehicle;

(c)   a crime in which a weapon, as defined in Section 59-63-370, was used; or

(d)   distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.

(B)   Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply.

(C)   If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose. The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.

(D)   For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."

SECTION   7.   Chapter 7 of Title 20 is amended by adding:

"Section 20-7-8525.   (A)   A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the court for an order destroying all official records relating to:

(1)   being taken into custody;

(2)   the charges filed against the child;

(3)   the adjudication; and

(4)   disposition.

The granting of the order is in the court's discretion. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court must not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has successfully completed any dispositional sentence imposed, and has not been subsequently charged with any criminal offense.

(B)   An adjudication for a violent crime, as defined in Section 16-1-60, must not be expunged.

(C)   If the expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, state agency, or department. The effect of the order

(D)   For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator BRYAN proposed the following amendment (BBM\ 9685HTC00), which was adopted:

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

/ SECTION   __.   Chapter 9, Title 24 of the 1976 Code is amended by adding:

"Section 24-9-50.   (A)   Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections, at the times and in the form required by the department, data and information the department prescribes, including data and information:

(1)   for the classification and management of inmates who receive sentences greater than three months;

(2)   on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally;

(3)   needed for other criminal justice purposes; and

(4)   to facilitate the operation of a statewide jail information system.

(B)   Reports must be submitted through an approved means of automation. However, if a local governmental entity is unable to provide the data and information required through existing automated systems, the entity must submit the reports by an approved alternative means at the times and in the form specified by the department until the capability for automated transmission is achieved.

(C)   Limitations and restrictions may be placed on the requirements for reporting of information and data addressed in subsections (A) and

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

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

On motion of Senator WALDREP, with unanimous consent, H. 4003 was ordered to receive a third reading on Friday, March 26, 2000.

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.

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

Senator HOLLAND proposed the following amendment (JUD4616.001), which was adopted:

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

/   SECTION   ___.   Section 60-11-40 of the 1976 Code is amended to read:

"Section 60-11-40.     (1)   Control and membership.   The South Carolina Department of Archives and History is under the control of the South Carolina Commission of Archives and History which consists of five ex officio members and six non-ex officio members.

(2)   Ex officio members.   The five ex officio members are the heads of the departments of history of the University of South Carolina, The Citadel, Clemson University, Winthrop University, and the head of the

(3)   Non-ex officio members.   Five Six non-ex officio members shall be nominated, one by appointed by the Governor as follows: one member upon the recommendation of the South Carolina Historical Society, one by member upon the recommendation of the American Legion, Department of South Carolina, and by one member upon the recommendation of the South Carolina Historical Association, and one member upon the recommendation of the University South Caroliniana Society and appointed by the Governor. Each shall serve for a term of five years. Two members shall be appointed by the Governor with the advice and consent of the Senate for terms of office to run concurrently with the term of the Governor. The sixth non-ex officio member shall be the President of the University South Caroliniana Society who shall serve for a term of five years. In case of a vacancy it Vacancies shall be filled for the unexpired term in the same manner as the original appointment.

(4)   Meetings;   quorum.   The South Carolina Commission of Archives and History shall must hold at least one regular meeting during the year and as many special meetings as may be necessary at the office of the commission. Special meetings may be called by the chairman, or, in his absence, by the vice-chairman. Six members of the commission shall constitute a quorum.

(5)   Expenses and per diem.   All members of the commission shall be reimbursed for expenses incurred in attending meetings and otherwise performing their duties under the direction of the commission. The members who are not employed by the State shall receive the per diem paid by the State to members of boards and commissions during their attendance at meetings."     /

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

Senator FAIR objected to further consideration of the Bill.

H. 4526 (Word version) -- Reps. Campsen, Quinn, Taylor, McGee, Altman, Barrett, Easterday, Hamilton, Harrell, Haskins, Leach, Meacham-Richardson, Rice, Robinson, Sandifer, Simrill, F. Smith, Tripp, Trotter, Wilkins, Woodrum and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS ACT OF 2000" INCLUDING PROVISIONS TO ADD SECTION 1-7-35 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ONE MEMBER OF HIS PROFESSIONAL STAFF AS THE "SOUTH CAROLINA RELIGION IN PUBLIC SCHOOLS OFFICER" AND TO PROVIDE FOR THIS OFFICER'S DUTIES AND RESPONSIBILITIES; TO ADD SECTION 59-17-135 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT IN THIS STATE SHALL CONDUCT TRAINING FOR TEACHERS AND ADMINISTRATORS DURING ANNUAL IN-SERVICE TRAINING REGARDING CONSTITUTIONALLY AND STATUTORILY PERMITTED SCHOOL RELIGIOUS EXERCISES AND EXPRESSIONS; AND TO ADD SECTION 59-17-140 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BY JULY 1, 2001, SHALL ADOPT A RELIGION IN PUBLIC SCHOOLS POLICY AND TO PROVIDE FOR THE CONTENTS OF THIS POLICY AND THE MANNER IN WHICH IT SHALL BE DEVELOPED.

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

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, the Bill was committed to the Committee on Education.

On motion of Senator SETZLER, with unanimous consent, the Bill was subsequently recalled from the Committee on Education.

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

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH

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

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. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill,

On behalf of the Chairmen's Committee, Senator MOORE moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.

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

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

At 1:30 P.M., Senator MOORE assumed the Chair.

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, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.

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

Senator LAND spoke on the Bill.

Senator RICHARDSON proposed the following Amendment No. 4 (4651R002.SHR), which was adopted:

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

/   SECTION __.   Section 39-15-1180 of the 1976 Code, as added by Act 486 of 1994, is amended to read:

"Section 39-15-1180.     Nothing in this article may adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. All trademarks, service marks, trade names, and labels, regardless of prior use or common law protection, must be registered as prescribed by this article."       /

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

/ SECTION __.   The provisions of Section 39-15-1180, as amended by this act, take effect upon approval by the Governor and apply retroactively to October 13, 1994.       /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON 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. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED CALENDAR.

The following Bills and Joint Resolution were carried over:

S. 970 (Word version) -- Senators Land and Elliott: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A MINOR, SO AS TO PROVIDE THAT THE RESTRICTIONS ON THIS DRIVER'S LICENSE ALSO MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT OF PUBLIC SAFETY FOR TRAVEL BETWEEN HIS HOME AND CHURCH UNDER CERTAIN CONDITIONS.

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

S. 305 (Word version) -- Senator Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE THE GROUND FOR CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.

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

S. 938 (Word version) -- Senators Reese, Elliott, McConnell, Ravenel, Branton and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.

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

S. 1043 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.

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

H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck,

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

S. 1159 (Word version) -- Senators Matthews, Holland, Passailaigue, Courtney, Patterson, Ford, Elliott, McGill, McConnell, Courson, Wilson and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO DEFINE UNFAIR TRADE PRACTICES AND MAKE UNLAWFUL CERTAIN CONDUCT RELATING TO MOTOR VEHICLE BODY REPAIR OR MOTOR VEHICLE REPAIR.

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

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

Senator RANKIN made a Parliamentary Inquiry as to whether unanimous consent was required on the motion to carry over consideration of S. 3, which was in the status of Interrupted Debate.

The ACTING PRESIDENT stated that, when the motion was before the body, there were no objections to the motion to carry over the Bill.

Senator RANKIN asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator McCONNELL objected.

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

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

There was no objection.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 10 (GGS\22676CM00) previously proposed by Senator PASSAILAIGUE.

Senator PASSAILAIGUE explained the amendment.

Senator RANKIN asked unanimous consent to carry over the Bill.

Senator PASSAILAIGUE objected.

Senator McCONNELL moved to adjourn debate on the Bill.

Senator RANKIN was recognized to speak on the motion.

Senator McCONNELL raised a Point of Order that the motion to adjourn debate was a nondebatable motion.

The ACTING PRESIDENT sustained the Point of Order.

The question then was the motion to adjourn debate.

On motion of Senator McCONNELL, debate was adjourned on the Bill.

S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY, EMBEZZLEMENT, OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.

Senator LAND proposed the following amendment (GJK\ 21447SD00), which was adopted:

Amend the bill, as and if amended, in Section 46-40-50 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) which begins on line 8, page 4, and inserting:

/   (B)   Any federal funds or other funds not derived from grain assessments received by the department to reimburse claims or losses under this chapter must be paid into the fund and used for loan payments or loan principal reduction to the extent any monies are due under subsection (A) to the Insurance Reserve Fund or the state general fund. Each grain dealer severally guaranteeing this loan shall have his

Amend the bill further, as and if amended, by striking SECTION 3 of the bill which begins on line 41, page 6, and inserting:

/ SECTION   3.     The Department of Agriculture may promulgate regulations necessary to carry out the provision of Chapter 40 of Title 46 of the 1976 Code. /

Renumber sections to conform.

Amend title to conform.

Senator LAND 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. 3894 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 9-8-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE AND TRANSFER OF CREDITED SERVICE FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE VESTING REQUIREMENT FOR TRANSFERRING CREDITED SERVICE TO THE SOUTH CAROLINA RETIREMENT SYSTEM FOR A JUDGE OR SOLICITOR WHO ON TERMINATION DOES NOT QUALIFY FOR A BENEFIT UNDER THE JUDICIAL SYSTEM FROM TWELVE YEARS TO THE CURRENT REQUIREMENT FOR VESTING UNDER THE JUDICIAL RETIREMENT SYSTEM OF TEN YEARS FOR JUDGES AND EIGHT YEARS FOR SOLICITORS.

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

There was no objection.

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

On motion of Senator BRANTON, on behalf of the Dorchester and Berkeley County Delegations, with unanimous consent, the following appointments, when received from the Governor and meeting all necessary requirements, would be confirmed:

Dorchester County Magistrate

Mr. Jesse C. Dove

8757 East Fairwaywoods Dr.

N. Charleston, SC 29420

VICE Rodney Profit

Berkeley County Magistrate

Ms. Paula F. Lewis

102 Hedge Row

Goose Creek, SC 29445

VICE Karen Hightower

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Reappointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:

At-Large:

V. Dianne Chinnes, Junior Achievement of Central SC, Inc., P.O. Box 532, Columbia, S.C. 29202

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:

At-Large:

Susan R. Cole, 101 Lakeview Drive, Summerville, S.C. 29485 VICE Winfred S. Greene

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1999, and to expire April 1, 2004:

At-Large:

Elizabeth B. Davis, P. O. Box 429, Orangeburg, S.C. 29116-0429

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:

At-Large - Chairman:

Dalton B. Floyd, P. O. Box 16407, Surfside Beach, S.C. 29587 VICE R. Austin Gilbert, Jr.

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Forestry Commission, with term to commence June 30, 2000, and to expire June 30, 2006:

At-Large:

George W. Flanders, 606 Rugby Road, Lancaster, S.C. 29720 VICE George E. Callaway

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2000, and to expire July 1, 2004:

4th Congressional District:

Joab M. Lesesne, Wofford College, 429 North Church Street, Spartanburg, S.C. 29303-3663

Reappointment, Governing Board of the Department of Natural Resources, with term to commence June 1, 2000, and to expire June 1, 2004:

6th Congressional District:

Daniel Malloy McEachin, Jr., 4118 Claussen Road, Claussen, S.C. 29505

Having received a favorable report from the General Committee, the following appointments were confirmed in open session:

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:

6th Congressional District:

Luther A. Bradley, Route 4, Box 54-B, Hemingway, S.C. 29554

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2000, and to expire May 19, 2004:

3rd Congressional District:

Jaqueline Faye Brown, Route 1, Box 62, Plum Branch, S.C. 29845

Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

1st Congressional District:

George W. Cox, Jr., 1117 48th Ave. North, Suite 123, Myrtle Beach, S.C. 29577 VICE Franklin Martin Stallings

Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

5th Congressional District:

Clyde M. Jones, 1002 Sunnyhill Drive, Camden, S.C. 29020 VICE Robert J. Crisp

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:

3rd Congressional District:

Paul H. Kennemore, Jr., 814 Fairforest Drive, Greenwood, S.C. 29646

Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:

4th Congressional District:

Lynda Elaine Leventis-Wells, 1107 Edwards Road, Greenville, S.C. 29615 VICE Robert H. Bishop

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:

At-Large:

John R. Robertson, Jr., 229 Avery Lane, Columbia, S.C. 29212

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2000, and to expire May 19, 2004:

At-Large:

John Franklin Shuler, 250 Keitt Street, Orangeburg, S.C. 29115

Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:

2nd Congressional District:

Robert O. Williams, 1104 Indigo Avenue, Cayce, S.C. 29033

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

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

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006:

At-Large:

Lisa Denese Chavis, 402-A Florida Street, Columbia, S.C. 29201 VICE Roland S. Corning

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the appointment of Ms. Lisa Denese Chavis to the Workers' Compensation Commission.

Initial Appointment, Crime Victims' Ombudsman, with term coterminous with Governor:

Debora Depra Curtis, 1205 Pendleton Street, Suite 305, Columbia, S.C. 29201 VICE Sunny S. Philips

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1997, and to expire June 30, 2001:

5th Congressional District:

Carroll P. Huffman, P. O. Box 1065, Lancaster, S.C. 29721 VICE John Willie David

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:

6th Congressional District:

Jacquetta Porter Jones, 5868 Octavia Avenue, Ravenel, S.C. 29470 VICE Sheila Ann Massey

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Marian D. Nettles, P. O. Box 699, Lake City, S.C. 29560 VICE Karen A. Walton

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:

3rd Congressional District:

Nancy Jo Thomason, Post Office Box 4025, Anderson, S.C. 29622 VICE Lesley M. White

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 1999, and to expire June 30, 2003:

Public:

Mackie D. Hayes, 2344 Highway 57 South, Dillion, S.C. 29536 VICE Charles L. Johnson, Sr.

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 Wilmot Ave., Columbia, S.C. 29205 VICE Debra N. Ellenburg

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

Therapist:

Sandra Rebecca Russ, 415 Wren Road, Piedmont, S.C. 29673

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1997, and to expire September 30, 2000:

Therapist:

Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210 VICE David V. Hamilton

Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003:

Therapist:

Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

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

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

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

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

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

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 1998, and to expire March 14, 2003:

6th Congressional District:

R. Josephine Jupiter, 902 Rose Street, Florence, S.C. 29206 VICE Priscilla L. Tanner

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

Initial Appointment, South Carolina State Board of Speech-Language Pathology and Audiology, with term to commence June 30, 2000, and to expire June 30, 2004:

Audiologist:

Gwendolyn D. Wilson, P. O. Box 7304, Orangeburg, S.C. 29117 VICE Virginia T. Wright

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

Ronald W. Whitman, 20 Sirrine Street, Anderson, S.C. 29624

On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Johnnie Stukes of Manning, S.C., beloved uncle of Mr. Kenneth Davis, Research Assistant to the Senate Committee on Medical Affairs.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 26, 2000, it stand adjourned to meet next Tuesday, May 30, 2000, at 12:00 Noon, which motion was adopted.

At 2:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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