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, as we look forward to a weekend commemorating the message and the ministry of Dr. Martin Luther King, Jr., hear the words of St. Paul to the Corinthians at a time of social upheaval (1 Cor. 13:1):

"I will show you a still more excellent way:

If I speak in the tongues of mortals and of angels, but do not have

love, I am a noisy gong or a clanging cymbal." (NRSV)
Let us pray.

Our Heavenly Father, we confess that our world (Your world) is still shot to pieces by all kinds of tyranny and injustice: victims of child abuse, social and political tyranny in Nigeria and across the human scene. Our generation is still on trial. The consciences of many of the faithful are stinging. "The law" and the might of armies do not seem to solve our problems. We know that we must have a change in the human heart which is evil to the core.

We pray for wisdom to know that friendship and brotherhood, love and charity are the gifts of the Spirit of God to receptive hearts and minds.

We yearn for the fulfillment of the promise of which the angels sang ... long ago ... when mortals heard the words,

"Glory to God in the highest, and

Peace on earth to men of good-will."
Amen.

At 11:02 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.

At 11:05 A.M., a quorum being present, the Senate resumed.

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

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

Senator RYBERG asked unanimous consent to make a motion that on February 2, 2000, Bishop Robert J. Baker be granted the Privilege of the Floor to give the invocation to the Senate.

There was no objection and the motion was adopted.

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

Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

William Lee Marion, 139 West End, Chester, S.C. 29706 VICE Margaret C. Franklin

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 0 to 95:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #1 - Part IB Provisos - Page 392, Section 13 - Department of Social Services, Proviso 13.25, Child Support Enforcement.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 0 to 76:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #2 - Part IB Provisos - Page 396, Section 22 - Department of Agriculture, Proviso 22.4, Sale of Columbia Farmers Market Property.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 3 to 84:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #3 - Part IB Provisos - Page 396, Section 22 - Department of Agriculture, Proviso 22.5, Farmers Market Study.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 12 to 60:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #4 - Part IB Provisos - Page 401, Section 27 - Department of Commerce, Proviso 27.17, The State Aviation Fund - Hartsville Airport
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 26 to 58:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #5 - Part IB Provisos - Page 401, Section 27 - Department of Commerce, Proviso 27.18, The State Aviation Fund - Walterboro-Colleton Airport.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 16 to 65:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #6 - Part IB Provisos - Page 401, Section 27 - Department of Commerce, Proviso 27.19, The State Aviation Fund - Newberry County Airport.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 0 to 72:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #7 - Part II Permanent Statutes - Page II-21, Section 19 - Unemployment Compensation.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 76 to 20:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #8 - Part II Permanent Statutes - Page II-32, Section 21 - S.C. Transportation Infrastructure Bank.
Very Respectfully,
Speaker of the House

The veto of the Governor was taken up for immediate consideration.

Senator PASSAILAIGUE spoke on the veto.

Senator RYBERG spoke on the veto.

Senator RAVENEL spoke on the veto.

Senator DRUMMOND spoke on the veto.

Senator PASSAILAIGUE moved that the veto of the Governor be sustained.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

By a division vote of 7-20, the veto by the Governor was sustained.

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 52 to 27:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #9 - Part II Permanent Statutes - Page II-34, Section 22, Subsection B - S.C. Transportation Infrastructure Bank.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 7 to 67:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #10 - Part II Permanent Statutes - Page II-44, Section 37 - S.C. Military Department, Commercial Driver's License.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 58 to 35:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #11 - Part II Permanent Statutes - Page II-53, Section 56 - Jurisdiction of Magistrates Court.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 96 to 8:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #12 - Part II Permanent Statutes - Page II-67, Section 68 - Countywide Reassessment.
Very Respectfully,
Speaker of the House

The veto of the Governor was taken up for immediate consideration.

Senator PASSAILAIGUE moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

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

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 11 to 77:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #13 - Part II Permanent Statutes - Page II-77, Section 84 - Arthur Ravenel Bridge.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 0 to 67:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #14 - Part II Permanent Statutes - Page II-81, Section 90 - S.C. IncomeTax Conformity.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 0 to 61:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #15 - Part II Permanent Statutes - Page II-84, Section 94 - Department of Revenue Temporary Rules.

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 3 to 71:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #16 - Part II Permanent Statutes - Page II-88, Section 99 - Reinstatement Fee - Driver's License Suspension.
Very Respectfully,
Speaker of the House

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 96 to 7.

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #17 - Part II Permanent Statutes - Page II-91, Section 103 - Penalties for Driving without License.
Very Respectfully,
Speaker of the House

The veto of the Governor was taken up for immediate consideration.

Senator RYBERG moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 5 to 82:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #18 - Part IV Supplemental Appropriations - Page IV-6, Item 48, line 22 - Annualization of the FY 1997-98 Pay Plan - $3,059,113.

Columbia, S.C., January 12, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3696, R. 200 (General Appropriation Bill), by a vote of 59 to 47:

H. 3696, R. 200 (GENERAL APPROPRIATION BILL)

Veto #19 - Part IV Supplemental Appropriations - Page IV-8, Item 68.1, School Safety Officers Proviso.
Very Respectfully,
Speaker of the House

Senator SHORT introduced Dr. Roger A. Gaddy of Winnsboro, S.C., Doctor of the Day.

On motion of Senator JACKSON, at 12:30 P.M., Senator GLOVER was granted a leave of absence for today.

H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

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

Senator HOLLAND spoke on the Report.

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

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

On motion of Senator HOLLAND, the Report of the Committee of Free Conference to H. 3705 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

"Section 25-11-40.   (A)   For the purpose of this section, 'veteran' means a person who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from service active duty because of service-connected disability.

(B)   Subject to the recommendation of a majority of the Senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Veterans Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until their successors a successor shall be appointed. A county veterans affairs officer must be a qualified veteran who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from such active duty because of a service-connected disability; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post is not as qualified as a nonveteran being considered for the post. Qualifications shall be determined by the county legislative delegation upon a majority vote of the Senators representing the county and a majority of the House members representing the county. Any such A county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the Senators representing the county and a majority of the House members representing the county.

(C)   All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within one year following initial appointment, either through the Division of Veterans Affairs or through an accredited national veterans service organization. A training council from the South Carolina Association of County Veterans Affairs Officers, in conjunction with the Division of Veterans Affairs or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans Affairs or through an accredited national veterans service organization. A county veterans affairs officer who does not complete the required training and receives accreditation within the first year following appointment is

(D)(1)   In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

(2)   In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

(3)   In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Sen. Donald H. Holland        /s/ Rep. Floyd Breeland
Sen. John R. Russell              /s/ Rep. Jimmy C. Bales
/s/ Sen. Larry A. Martin          /s/ Rep. Joel B. Lourie
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT

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

There was no objection.

Senator SALEEBY asked unanimous consent to commit the Bill to the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and committed to the Committee on Banking and Insurance.

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

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

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

The following were introduced:

S. 1022 (Word version) -- Senators Washington, Passailaigue, McConnell, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE RICHARD E. FIELDS OF CHARLESTON COUNTY ON THE OCCASION OF A RECEPTION SPONSORED BY THE 100 BLACK MEN OF CHARLESTON, THE CHARLESTON LAWYERS CLUB, THE CHARLESTON COUNTY BAR ASSOCIATION, AND THE BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., TO RECOGNIZE HIS OUTSTANDING ACHIEVEMENTS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1023 (Word version) -- Senators Courtney, Reese and Russell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG

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

S. 1024 (Word version) -- Senators Courtney, Reese and Russell: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 15, 2000, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
l:\council\bills\skb\18125som00.doc

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

S. 1025 (Word version) -- Senators Saleeby, McConnell, Passailaigue and Jackson: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION AND COMPREHENSIVE AUTOMOBILE INSURANCE COVERAGE, SO AS TO ALLOW AN INSURED TO ELECT TO APPLY THE PHYSICAL DAMAGE COVERAGE DEDUCTIBLE TO AUTOMOBILE SAFETY GLASS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: 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

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

S. 1027 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND

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

S. 1028 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT THE STATE CONTINUING CARE RETIREMENT COMMUNITY ACT DOES NOT APPLY TO A COMMUNITY ESTABLISHED AS A HOMEOWNER'S ASSOCIATION OR SUBJECT TO THE HORIZONTAL PROPERTY ACT.
l:\council\bills\nbd\11620ac00.doc

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

S. 1029 (Word version) -- Senator Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING SECTION 38-75-415 SO AS TO REQUIRE INSURERS TO DISCLOSE IN WRITING THE NATURE AND SCOPE OF ALL DEDUCTIBLES CONTAINED IN INSURANCE POLICIES SOLD IN THIS STATE, TO OBTAIN THE SIGNATURE OF THE INSURED ON THE WRITTEN EXPLANATION OF THE DEDUCTIBLE AND TO REQUIRE WRITTEN EXPLANATIONS AND SIGNATURES OF INSURED ON ALL CHANGES OR INCREASES IN DEDUCTIBLES AND PERCENTAGE DEDUCTIBLES TRIGGERED BY TROPICAL STORMS, OR HURRICANES, OR OTHER NATURAL DISASTERS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1030 (Word version) -- Senators Leatherman, Giese, Wilson, McConnell, Thomas, Ryberg, Ravenel, Fair, Grooms, Branton, Mescher, Peeler, Martin, Russell and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" UNDER THE

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

S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
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Read the first time and referred to the Committee on Finance.

S. 1032 (Word version) -- Senator Rankin: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, BY ADDING ARTICLE 4, "THE HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT", WHICH ALLOWS ELDERLY INDIVIDUALS ENTITLED TO THE HOMESTEAD PROPERTY TAX EXEMPTION TO DEFER ALL OR PART OF AD VALOREM TAXES LEVIED ON THE HOMESTEAD BY FILING AN ANNUAL APPLICATION.
l:\s-res\lar\002elde.kad.doc

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

S. 1033 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE

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

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
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Read the first time and referred to the Committee on Judiciary.

S. 1035 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER, EXTERIOR INSULATION FINISH SYSTEMS, OR OTHER EXTERIOR CLADDING UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR AND TO REQUIRE BUILDING INSPECTORS TO CONDUCT CERTAIN FLASHING INSPECTIONS BEFORE SUCH EXTERIOR CLADDING IS INSTALLED OR REPAIRED; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS AN ADDITIONAL GROUND THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO

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

S. 1036 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-385 SO AS TO PROVIDE THAT UPON THE DEATH OF A PERSON WHOSE ORGAN DONATION HAS BEEN RECORDED ON HIS DRIVER'S LICENSE OR ON AN ORGAN DONOR CARD,

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

S. 1037 (Word version) -- Senators Giese, Drummond, Ravenel, Leventis, Ryberg and Bryan: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 12 SO AS TO ENACT THE SOUTH CAROLINA RIPARIAN BUFFER ZONE MANAGEMENT ACT OF 2000; TO REGULATE RIPARIAN LAND USE AND VARIANCES SO AS TO PROVIDE FOR RIPARIAN BUFFER ZONES FOR STREAMS, RIVERS, ESTUARIES, AND OTHER WATERS OF THIS STATE; TO PROVIDE FOR IMPLEMENTATION OF RIPARIAN BUFFER ZONE REQUIREMENTS BY LOCAL GOVERNMENT ORDINANCES AND REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THAT, IF A LOCAL GOVERNMENT FAILS TO ADOPT AND ENFORCE THE MINIMUM RIPARIAN BUFFER PROTECTION PROGRAM REQUIREMENTS, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ADMINISTER AND ENFORCE THE MINIMUM STATEWIDE RIPARIAN BUFFER ZONE REQUIREMENTS WITHIN ALL OR THE AFFECTED PORTION OF THE LOCAL JURISDICTION; TO PROVIDE FOR ENFORCEMENT PROCEDURES; AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
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Senator GIESE spoke on the Bill.

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

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

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.

Read the first time and on motion of Senator REESE, the Bill was referred to the Spartanburg County Delegation.

H. 4423 (Word version) -- Reps. Delleney, Canty and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES

On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4432 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. W. D. HARRINGTON OF CLARENDON COUNTY ON RECEIVING

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

H. 4435 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF KERSHAW COUNTY'S BEST KNOWN AND MOST WELL-RESPECTED PUBLIC SERVANTS AND DISTINGUISHED CITIZENS, AUSTIN MOSES SHEHEEN, SR., WHO PASSED AWAY ON WEDNESDAY, JANUARY 5, 2000.

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

S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY

The House returned the Joint Resolution with amendments.

On motion of Senator HOLLAND, 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. 900 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 26, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2000.

Returned with concurrence.

Received as information.

S. 926 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION APPLAUDING "TRIVIA GUY", WILSON CASEY, OF SPARTANBURG COUNTY FOR HIS UNIQUE ACCOMPLISHMENTS AND FOR HIS RECOGNITION AS A WORLD RECORD HOLDER BY THE GUINNESS BOOK OF WORLD RECORDS.

Returned with concurrence.

Received as information.

S. 1018 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2000, AS THE TIME CERTAIN FOR ELECTING A SUCCESSOR TO A COMMISSIONER OF THE PUBLIC SERVICE COMMISSION FOR THE SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2002.

Returned with concurrence.

Received as information.

S. 1021 (Word version) -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE

Returned with concurrence.

Received as information.

Columbia, S.C., January 13, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it requests the return of
H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
Very respectfully,
Speaker of the House

H. 4267 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.

On motion of Senator REESE, the Bill was recalled from the Spartanburg County Delegation.

On motion of Senator REESE, the Bill was ordered returned to the House as requested.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.

(By prior motion of Senator MESCHER)

S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30,

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

There was no objection.

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

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 been reported favorably from Executive Session, the following appointments were confirmed in open session:

Initial Appointment, Board of Directors of the DARE Fund, with term to expire June 30, 2001:   Local DARE Officer:

Lieutenant Gary A. Metts, 1155 Peppercorn Lane, Sumter, S.C. 29154

Initial Appointment, Board of Directors of the DARE Fund, with term to expire June 30, 2001:

Sheriff:

Joseph H. Zorn, III, Post Office Box 384, Barnwell, S.C. 29812

Initial Appointment, South Carolina Commission on Minority Affairs, with term to commence June 30, 1999, and to expire June 30, 2003:

2nd Congressional District:

Jane Tudor Brewer, Route 1, Box 326, Allendale, S.C. 29810 VICE James Furtick, Jr.

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

Initial Appointment, Chester County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

William Lee Marion, 139 West End, Chester, S.C. 29706 VICE Margaret C. Franklin

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Edward Aberman of Rock Hill, S.C.

Senator MOORE moved that, when the Senate adjourns on Friday, January 14, 2000, it stand adjourned to meet next Tuesday, January 18, 2000, at 12:00 Noon, which motion was adopted.

At 12:42 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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