Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, Hear the words of Moses to the children of Israel before they crossed over the Jordan to the Promised Land. Deut. 30 (15 f):

"See... I call heaven and earth to witness against you today that I

have set before you life and death, blessings and curses. Choose

life so that you and your descendants may live... in the land..."
Let us pray.

Dear Lord, we thought that the world's plate was loaded and full with human misery. Then came along what happened in Columbine School in Colorado, with more children killing more children... for hate!

Is it mental health... or spiritual disease?

Moses told his people about the laws of personal responsibility. "I call heaven and earth to witness that I told you of your responsibility to choose life... or death." Somewhere along the way, too often we miss the message.

Have mercy on all who fail to choose life! Commit us all to praying and building a "new creation!"
Amen.

At 11:04 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.

At 11:15 A.M., a quorum being present, the Senate resumed.

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

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

Initial Appointment, South Carolina Commission on Women, with term to commence October 19, 1998, and to expire October 19, 2002:

At-Large:

Mary Baskin Waters, 742 Albion Road, Columbia, S.C. 29205 VICE Maeberta Bob

Referred to the General Committee.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

At-Large:

C. Edward Bernier, 55 Sycamore Lane, Hilton Head Plantation, Hilton Head Island, S.C. 29926 VICE Leah F. Chase

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006:

First Congressional District:

Alec B. McLeod, Jr., 21 Waterway, Isle of Palms, S.C. 29451 VICE Juanita W. Brown

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

Second Congressional District:

Florence L. Rosse, 58 South Sea Pines Drive, Hilton Head Island, S.C. 29928 VICE JoAnne B. Whitehead

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire February 13, 2003:

At-Large:

William B. Timmerman, 39 Lakeview Circle, Columbia, S.C. 29206 VICE Gayle O. Averyt (resigned)

Referred to the Committee on Transportation.

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1999, and to expire February 13, 2006:

At-Large:

James C. Morton, Jr., 35 Sirrine Dr., Greenville, S.C. 29605 VICE Billy J. Coleman

Referred to the Committee on Transportation.

Initial Appointment, South Carolina State Ports Authority, with term to commence March 19, 1993, and to expire March 19, 2000:

At-Large:

Whitmarsh S. Smith, III, 12 Greenhill Street, Charleston, S.C. 29401 VICE Dorothy G. Owens (resigned)

Referred to the Committee on Transportation.

Initial Appointment, South Carolina Mental Health Commission, with term to expire March 21, 2002:

Second Congressional District:

Jean B. Popowski, 3718 Linwood Road, Columbia, S.C. 29205 VICE Brenda H. Council (resigned)

Referred to the Committee on Medical Affairs.

The following were received and referred to the appropriate committees:

Document No. 2424
Agency: Board of Education
SUBJECT: Summer Programs
Received by Lieutenant Governor April 28, 1999
Referred to Education Committee
Legislative Review Expiration August 26, 1999
(Subject to Sine Die Revision)

Document No. 2430
Agency: Department of Natural Resources
SUBJECT: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor April 28, 1999
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration August 26, 1999
(Subject to Sine Die Revision)

Senator HOLLAND introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.

On motion of Senator ALEXANDER, at 11:00 A.M., Senator RUSSELL was granted a leave of absence beginning at 10:00 P.M. tonight and lasting until Monday, May 3, 1999.

On motion of Senator J. VERNE SMITH, at 11:00 A.M., Senator DRUMMOND was granted a leave of absence until 6:00 P.M. tonight.

At 11:00 A.M., Senator PATTERSON requested a leave of absence from 5:30 - 9:00 P.M. tonight.

At 2:00 P.M., Senator FAIR requested a leave of absence beginning at 4:00 P.M. today and lasting until 11:00 A.M. tomorrow.

At 11:28 A.M., on motion of Senator HOLLAND, with unanimous consent, the Senate agreed to recede from business beginning at 12:30 P.M. until 2:00 P.M.

At 12:21 P.M., Senator HOLLAND 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 3:00 P.M.

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

S. 739 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 30, ARTICLE 3 SO AS TO ESTABLISH THE SOUTH CAROLINA TOBACCO COMMUNITY DEVELOPMENT BOARD, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES RELATING TO THE ALLOCATION OF PRIVATE TRUST FUNDS AMONG TOBACCO GROWERS AND TOBACCO QUOTA HOLDERS; TO AMEND SECTION 1-23-10, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO EXEMPT THE BOARD FROM ITS SCOPE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE PROHIBITION AGAINST LEGISLATIVE MEMBERS SERVING ON STATE BOARDS AND COMMISSIONS, SO AS TO INCLUDE THE TOBACCO COMMUNITY DEVELOPMENT BOARD AS AN EXCEPTION TO THIS PROHIBITION, AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO ADD AS AN EXCEPTION THE ACTIONS OF THE TOBACCO COMMUNITY DEVELOPMENT BOARD.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

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

There was no objection.

Senator LEVENTIS asked unanimous consent to give the Bill a second reading with notice of general amendments.

There was no objection.

The Bill was ordered placed on the third reading Calendar.

S. 753 (Word version) -- Senators Martin and Giese: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

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 and ordered placed on the Calendar.

The following were introduced:

S. 765 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO EXTEND BEST WISHES FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO FOYE JONES COVINGTON ON THE OCCASION OF HER RETIREMENT AS MAGISTRATE FOR ORANGEBURG COUNTY.

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

S. 766 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROSECUTION OF DISHONORED DRAFTS, CHECKS, AND OTHER WRITTEN ORDERS, SO AS TO PROVIDE IF AN ARREST WARRANT IS ISSUED FOR A DRAWEE WHO HAS TWO HUNDRED FIFTY DOLLARS OR LESS IN DISHONORED DRAFTS, CHECKS, OR WRITTEN ORDERS AND THE DRAWEE PAYS THE DISHONORED DRAFTS, CHECKS, OR OTHER WRITTEN ORDERS AND ALL LATE FEES AND ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A WARRANT BEFORE THE ARREST, THEN THE WARRANT WILL BE DISMISSED AND NO FURTHER LEGAL ACTION WILL BE TAKEN; AND TO PROVIDE THAT ANY WRITTEN COMMUNICATION WITH A DRAWEE CONCERNING THE CRIMINAL PROCEEDING MUST INCLUDE A STATEMENT ABOUT THIS PROVISION.

Senator THOMAS spoke on the Bill.

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

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

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

S. 768 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO ADD AS AN EXEMPTION THE SALES PRICE OF SCHOOL YEARBOOKS.

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

S. 769 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES AUTHORIZED TO BE SOLD, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY NOT ISSUE MORE THAN FOUR THOUSAND NONRESIDENT HUNTING LICENSES EACH YEAR.

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

S. 770 (Word version) -- Senators Bauer and Thomas: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-1925 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANYONE TO IMPORT FROM OUT-OF-STATE, AND TO OWN, POSSESS, CONTROL, SELL, CONSUME, OR OTHERWISE DISPOSE OF VENISON AND ALLIGATOR JERKY PRODUCTS WITHIN THIS STATE ONLY IF THE VENISON AND ALLIGATOR JERKY PRODUCT IS PREPARED FROM NONNATIVE, FARM-RAISED DEER AND ALLIGATOR AND IS PROCESSED THROUGH GOVERNMENT-APPROVED FACILITIES AS A FOOD ITEM FOR HUMAN CONSUMPTION, TO PROVIDE FOR PERMITS FOR THE IMPORTATION AND SALE OF VENISON AND ALLIGATOR JERKY IN THIS STATE, TO PROVIDE THAT OUT-OF-STATE PRODUCERS AND VENDORS, AND IMPORTERS AND SELLERS OF VENISON AND ALLIGATOR JERKY IN THIS STATE MUST MAINTAIN RECORDS ADEQUATE TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES INFORMATION AS TO THE SOURCE OF THE DEER AND ALLIGATOR USED TO PRODUCE VENISON AND ALLIGATOR JERKY, AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.

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

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESAARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

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

S. 772 (Word version) -- Senators Hutto and Washington: A BILL TO REPEAL ACT 453 OF 1998, RELATING TO ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION.

Read the first time and ordered placed on the local and uncontested Calendar.

H. 3267 (Word version) -- Reps. D. Smith and Davenport: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO EXEMPT PRESCRIPTION EYEGLASSES AND CATEGORIES OF ITEMS AND EQUIPMENT USED IN AIDING THE MOBILITY OF THE PHYSICALLY DISABLED.

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

H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.

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

H. 3361 (Word version) -- Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.

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

H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.

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

H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.

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

H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.

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

H. 3632 (Word version) -- Reps. Loftis, Harvin, Kelley, Barfield, Barrett, Haskins, Keegan, Leach, Sandifer and Witherspoon: A BILL TO AMEND SECTION 16-23-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXCLUDE SEMI-AUTOMATIC PISTOLS, RIFLES, AND SHOTGUNS FROM THE DEFINITION OF "MILITARY FIREARM".

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

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.

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

H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.

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

H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.

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

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.

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

H. 3783 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.

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

H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.

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

H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.

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

H. 3909 (Word version) -- Reps. Lucas and Neilson: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.

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

H. 3946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3951 (Word version) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: A BILL TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.

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

H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.

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

H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

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

H. 3982 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

H. 3986 (Word version) -- Reps. Parks, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MT. HERMAN BAPTIST CHURCH OF GREENWOOD COUNTY UPON THE CELEBRATION OF ITS ONE HUNDRED ELEVENTH ANNIVERSARY.

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

H. 3987 (Word version) -- Reps. Scott, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. C. DAVID WARREN OF RICHLAND COUNTY FOR HIS TWENTY YEARS OF OUTSTANDING SERVICE AS DIRECTOR OF THE RICHLAND COUNTY PUBLIC LIBRARY, AND RECOGNIZING THE RICHLAND COUNTY PUBLIC LIBRARY ON BEING RANKED AS ONE OF THE BEST LIBRARY SYSTEMS IN THE NATION.

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

H. 3988 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF THE STATE OF SOUTH CAROLINA WHO HAVE DIED ON THE JOB AND TO REQUEST THAT THE GOVERNOR DECLARE APRIL 28, 1999, "WORKERS MEMORIAL DAY".

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

H. 3989 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 2-8, 1999, AS "ASSOCIATION WEEK", AS PROCLAIMED BY GOVERNOR JAMES H. HODGES, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

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

H. 3990 (Word version) -- Reps. G. Brown, J. Hines and Neilson: A CONCURRENT RESOLUTION RECOGNIZING THE LEGACY OF THE LATE ROBERT C. "BOB" SCOTT, JR., OF FLORENCE AND EDISTO ISLAND AND HIS INVALUABLE CONTRIBUTIONS TO THE PEOPLE OF SOUTH CAROLINA THROUGH HIS DEDICATED ADVOCACY FOR PUBLIC EDUCATION.

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

H. 4002 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND DR. ANDREW J. CHISHOM OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE IN THE FIELD OF CRIMINAL JUSTICE.

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

H. 4006 (Word version) -- Reps. F. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND MR. TRUMAN HUMBERT OF GREENVILLE COUNTY FOR HIS MORE THAN TEN YEARS OF OUTSTANDING SERVICE AS A SUCCESSFUL FORENSICS COACH UPON HIS RETIREMENT AS A TEACHER AT SOUTHSIDE HIGH SCHOOL.

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

Columbia, S.C., April 27, 1999
Mr. President and Senators:

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

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
asks for a Committee of Conference, and has appointed Reps. Rhoad, Loftis and Witherspoon of the committee on the part of the House.

Very respectfully,
Speaker of the House

S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

Whereupon, the PRESIDENT Pro Tempore appointed Senators LEVENTIS, JACKSON and WALDREP of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 56 (Word version) -- Senators Alexander and Elliott: A BILL TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE ISSUANCE OF AN ORDER UNDER CERTAIN CIRCUMSTANCES, REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.

The House returned the Bill with amendments.

On motion of Senator ALEXANDER, 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. 539 (Word version) -- Banking and Insurance Committee: A BILLTO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.

The House returned the Bill with amendments.

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

S. 252 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKES AND OTHER HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 2000 REGULAR SESSION.

Returned with concurrence.

Received as information.

S. 307 (Word version) -- Senator Lander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 34 BYPASS IN NEWBERRY COUNTY FROM U. S. HIGHWAY 76 (WILSON ROAD) TO SOUTH CAROLINA HIGHWAY 121 (KENDALL ROAD) AS "BOB LAKE BOULEVARD" IN HONOR OF THE HONORABLE ROBERT C. LAKE, JR., WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS A STATE SENATOR IN THE SOUTH CAROLINA SENATE FOR SIXTEEN YEARS AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS VICE CHAIR AND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AS A TRUSTEE OF WINTHROP UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

S. 656 (Word version) -- Senators McGill, Elliott, Land, Leatherman, Glover, Saleeby, Rankin and Ravenel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.

Returned with concurrence.

Received as information.

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

S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell and Branton: A BILL 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" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of the Bill.

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

H. 3939 (Word version) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 558 (Word version) -- Senators Elliott, Waldrep, Glover, Ford, Holland and Saleeby: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.

S. 758 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

(By prior motion of Senator GIESE, with unanimous consent)

S. 543 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.

(By prior motion of Senator HOLLAND, with unanimous consent)

S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.

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

Senator SALEEBY proposed the following amendment (351SBI001), which was adopted:

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

/ SECTION 1. Section 29-3-310 of the 1976 Code is amended to read:

"Section 29-3-310. Any person holder of record of a mortgage who has received full payment or satisfaction or to whom a legal tender has been made of his debts, damages, costs, and charges secured by mortgage of real estate shall, at the request by certified mail or other form of delivery with a proof of delivery of the mortgagor or his legal representative or any other person being a creditor of the debtor or a purchaser under him or having an interest in any estate bound by the mortgage and on tender of the fees of office for entering satisfaction, within three months after the certified mail request is made, enter satisfaction in the proper office on the mortgage which shall forever thereafter discharge and satisfy the mortgage."

SECTION 2. Section 29-3-320 of the 1976 Code is amended to read:

"Section 29-3-320. Any person holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail request and tender of fees of office, repair to the proper office, and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one half of the amount of the debt secured by the mortgage, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register, or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.

Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged."

SECTION 3. Section 29-3-325 of the 1976 Code is repealed.

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

Amend sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senator WILSON proposed the following amendment (NBD\11355JM99), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3, as contained on pages 2, 3, and 4, and inserting:

/ SECTION   3.   Section 29-3-330 of the 1976 Code, as last amended by Act 478 of 1994, is further amended by adding:

"(e)   Any licensed attorney admitted to practice in the State of South Carolina who can provide proof of payment of funds by evidence of payment made payable to the mortgagee, holder of record, servicer, or other party entitled to receive payment may record, or cause to be recorded, an affidavit, in writing, duly executed in the presence of two witnesses and probated or acknowledged, which states that full payment of the balance or pay-off amount of the mortgage or other instrument securing the payment of money and being a lien upon real property has been made and that evidence of payment from the mortgagee, assignee, or servicer exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the mortgage and release of the lien upon the real property. The filing of the affidavit shall be sufficient to satisfy, release, or discharge the lien. Upon presentation of the instrument of satisfaction, release, or discharge, the officer or his deputy having charge of the recording of instruments shall record the same. The licensed attorney signing any such instrument which is intentionally false is guilty of perjury and shall suffer the penalty provided by law for the crime of perjury. The affidavit referred to in this item (e) shall be as follows:

'STATE OF SOUTH CAROLINA   MORTGAGE LIEN

COUNTY OF ______________     SATISFACTION AFFIDAVIT

PURSUANT TO SECTION ___

OF SC CODE OF LAWS

FOR BOOK ____ PAGE _____

The undersigned on oath, being first duly sworn, hereby certifies as follows:

1.   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

2.   With respect to the mortgage given by ___________________ to ______________________ dated _______

and recorded in the offices of the Register of Deeds in book _________ at page ________:

a. [ ] That the undersigned was given written payoff information and made such pay off and is in possession of a canceled check (copy attached hereto as Exhibit A) to the mortgagee, holder of record, or representative servicer;

b.   [ ] That the undersigned was given written payoff information and made such pay off by wire transfer or other electronic means to the mortgagee, holder of record, or representative servicer and has confirmation (copy attached hereto as Exhibit A) from the undersigned's bank of the transfer to the account provided by the mortgagee, holder of record, or representative servicer.

Under penalties of perjury, I declare that I have examined this affidavit and, to the best of my knowledge and belief, it is true, correct, and complete.

________________________       _______________________

(Witness)                     (Signature)

________________________       ________________________

(Witness)                     (Name - Please Print)

________________________
SUBSCRIBED AND SWORN TO     (Attorney's S.C. Bar number)

before me this __________ day
of _______________________
______________________

(Notary Public)

My commission expires:

Upon presentation to the office of the Register of Deeds, the register is directed to record pursuant to Section 29-3-330(e) and mark the mortgage satisfied of record.' "/

Amend title to conform.

The amendment was adopted.

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

S. 206 (Word version) -- Senators J. Verne Smith, Elliott, Hayes, Leventis, McGill, Waldrep, Washington, Fair, Reese, Alexander, Leatherman, Martin, Grooms, Branton, Giese and Russell: A BILL TO AMEND SECTION 61-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES TO MINORS OVER THE INTERNET; TO AMEND SECTION 61-2-175, RELATING TO A FOREIGN ENTITY INTENTIONALLY SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS DIRECTLY TO A RESIDENT NOT HOLDING A VALID STATE LICENSE, SO AS TO ELIMINATE THE ISSUANCE OF A NOTICE TO CEASE AND DESIST AND TO PROVIDE A FINE FOR CONVICTION ON A FIRST OFFENSE; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER AND WINE TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND ARTICLE 5, CHAPTER 4 OF TITLE 61, RELATING TO THE PRODUCERS AND WHOLESALERS OF BEER AND WINE, SO AS TO ADD SECTION 61-4-360 WHICH PROVIDES A SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-4-730, RELATING TO THE SALE OF DOMESTIC WINE, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPPING OF IMPORTED LIQUORS, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND ARTICLE 7, CHAPTER 6 OF TITLE 61, RELATING TO THE IMPORTATION OF ALCOHOLIC LIQUORS, SO AS TO ADD SECTION 61-6-2990 WHICH PROHIBITS THE USE OF THE INTERNET TO ADVERTISE OR SOLICIT ORDERS FOR ALCOHOLIC LIQUORS NOT AUTHORIZED BY LAW; TO AMEND SECTION 61-6-4080, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND SECTION 20-7-8920, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF BEER AND WINE BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET; AND TO AMEND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET.

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

Senator McCONNELL proposed the following amendment (JUD0206.003), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 5, by striking SECTION 5 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator RYBERG proposed the following amendment (BBM\9291SOM99), which was adopted:

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

/ SECTION   __.   Section 61-4-735(A) of the 1976 Code is amended to read:

"(A)   Except as provided in Sections 61-4-720, and 61-4-730, and 61-4-740, a manufacturer of wine, vintner, winery, an entity, or a person who sells these products, or a person or entity who imports these products produced outside the United States must not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a wholesale permit issued under Section 61-4-500, and a holder of a wholesale permit may not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a retail or wholesale permit, unless that person is the American producer or the primary American source of supply of that wine as defined in Section 61-4-340."

SECTION   __.   Section 61-4-740 of the 1976 Code is amended to read:

"Section 61-4-740.   A person may order wine produced outside this State which has not been approved or licensed for sale or distribution in this State from an in-state wholesaler by placing a special order for this wine with the out-of-state winery and by following the department regulations for the payment of the necessary taxes. After payment of the taxes, the wine may then be shipped by the winery to that wholesaler who, after paying the necessary taxes, is authorized to sell this wine to that person through a licensed retailer person."

SECTION   __.   Section 61-4-760 of the 1976 Code is amended to read:

"Section 61-4-760.   The division must provide for the inspection of all wines imported into or offered for sale in this State. The expense of the inspections must be paid from the proceeds of the wine tax. The department may make regulations as to:

(1)   the containers in which wine may be sold at retail and to declare to be "undesirable wine packages" wine sold in a container prohibited in the regulations or wine, the sale of which is prohibited in Sections 61-4-710 or 61-4-750. The offering for sale or sale in this State of undesirable wine packages under this section is prohibited and is a misdemeanor; and

(2)   the payment of necessary taxes on wine produced outside this State and ordered by individuals."

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senator McCONNELL spoke on the Bill.

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

S. 284 (Word version) -- Senators Holland, McConnell, Fair and Giese: A BILL TO AMEND SECTION 44-48-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE AGENCY WITH JURISDICTION SHALL GIVE WRITTEN NOTICE TO THE MULTIDISCIPLINARY TEAM AND THE ATTORNEY GENERAL'S OFFICE AT LEAST ONE HUNDRED AND EIGHTY DAYS PRIOR TO THE PERSON'S ANTICIPATED RELEASE DATE; TO FURTHER PROVIDE THAT FOR A PERSON UNDER THE JURISIDICTION OF THE DEPARMENT OF JUVENILE JUSTICE WHO IS INDEFINITELY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH FOR THE TREATMENT OF A SERIOUS EMOTIONAL DISTURBANCE, NOTICE SHALL BE PROVIDED AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE THE JUVENILE'S ANTICIPATED RELEASE DATE; TO FURTHER PROVIDE THAT THE PROVISIONS OF THE ACT ARE NOT JURISDICTIONAL AND FAILURE TO COMPLY WITH THE PROVISIONS DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM PROCEEDING AGAINST A PERSON WHO MAY BE SUBJECT TO THE ACT; TO AMEND SECTION 44-48-50 SO AS TO PROVIDE THAT CERTAIN RECORDS MUST BE GIVEN TO THE MULTIDISCIPLINARY TEAM WHEN THE AGENCY WITH JURISDICTION GIVES NOTICE; TO AMEND SECTION 44-48-70 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA OR A PERSON ACTING ON BEHALF OF THE STATE DOES NOT HAVE TO PAY FILING FEES FOR PROCEEDINGS BROUGHT UNDER THIS ACT; TO AMEND SECTION 44-48-80 SO AS TO PROVIDE THAT THE STATE MAY USE HEARSAY EVIDENCE IN THE PROBABLE CAUSE HEARING; TO AMEND SECTION 44-48-90 SO AS TO PROVIDE THAT THE VOLUNTARY EXCHANGE OF INFORMATION BETWEEN PARTIES IS ENCOURAGED BUT FORMAL DEPOSITIONS AND DISCOVERY MAY BE CONDUCTED; TO ADD SECTION 44-48-180 SO AS TO PROVIDE THAT A SEXUALLY VIOLENT PREDATOR WHO IS SUBSEQUENTLY CONVICTED OF A CCRIMINAL OFFENSE AND SENTENCED TO INCARCERATION SHALL, UPON SERVING SUCH SENTENCE, BE RETURNED TO THE APPROPRIATE FACILITY FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS.

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

Senator MOORE proposed the following amendment (JUD0284.006), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 30, in Section 44-48-30(6)(e), as contained in SECTION 1, by striking lines 30 through 38 in their entirety and inserting therein the following:

/   (e)   been adjudicated delinquent as a result of the commission of a sexually violent offense and a family court judge orders, at the time of sentencing or at any time prior to the person's release from the confinement, that the person be subject to proceedings under this act. A family court judge must make this determination for a person adjudicated delinquent of a sexually violent offense prior to the person's release from confinement.     /

Amend the bill further, as and if amended, page 3, beginning on line 8, in Section 44-48-30(10), as contained in SECTION 1, by striking lines 8 through 15 in their entirety and inserting therein the following:

/   subject of proceedings under this act. Person includes an individual who was under seventeen years of age at the time of the offense only when the individual was convicted of or pled guilty or nolo contendere to a sexually violent offense in the court of general sessions or the individual was adjudicated delinquent for a sexually violent offense and a family court judge ordered, at the time of sentencing or at any time prior to the individual's release from confinement, that the individual be subject to   /

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

/ SECTION _____. Section 20-7-7805 of the 1976 Code, as last amended by Act 384 of 1998, is further amended by adding a subsection to read:

"(D)   When a child is adjudicated delinquent of a sexually violent offense as defined in Section 44-48-30 and committed to the Department of Juvenile Justice, the court must determine at the time of sentencing or at any time prior to the child's release from commitment whether or not the child should be subjected to proceedings under the Sexually Violent Predator Act in Chapter 48 of Title 44." /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time 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:

S. 697 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.

Senator J. VERNE SMITH spoke on the Bill.

S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO REFERENCE EXTERNSHIPS; TO AMEND SECTION 40-43-85 RELATING TO INTERNSHIP PROGRAMS AND PRACTICAL EXPERIENCE, SO AS TO REVISE REQUIREMENTS FOR PRACTICAL EXPERIENCE; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF PHARMACISTS-IN-CHARGE AND CONSULTANT PHARMACISTS, AND TO THE SALE OF NONPRESCRIPTION DRUGS, SO AS TO REVISE CERTAIN RECORDKEEPING AND FACILITY REQUIREMENTS, TO REVISE AND CLARIFY THE PHARMACIST TO TECHNICIAN RATIO IN CERTAIN FACILITIES, TO REVISE SPECIFIED CONSULTANT PHARMACIST DUTIES, TO CLARIFY PROVISIONS RELATING TO THE SALE OF NONPRESCRIPTION DRUGS AND TO PROHIBIT REQUIRING SUCH DRUGS TO BE SOLD BY PHARMACISTS OR IN A PHARMACY, AND TO PROHIBIT THE POSSESSION, DISPENSING, OR DISTRIBUTION OF CERTAIN DRUGS WITHOUT A PRESCRIPTION OF A LICENSED PRACTITIONER; AND TO AMEND SECTION 40-43-170, RELATING TO DISPENSING OF MEDICATIONS IN A STATE OF EMERGENCY, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A ONETIME EMERGENCY REFILL MAY BE DISPENSED.

Senator MOORE spoke on the Bill.

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

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 DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

(By prior motion of Senator HOLLAND, with unanimous consent)

S. 561 (Word version) -- Senator Moore: 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 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.

S. 434 (Word version) -- Senators Short, Jackson and Gregory: A BILL TO AMEND SECTION 34-39-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO DEFERRED PRESENTMENT SERVICES, SO AS TO DEFINE THE TERM "CASH ADVANCE"; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OF A CHECK, SO AS TO PROVIDE THAT THE FACE AMOUNT OF A CHECK TAKEN FOR DEFERRED PRESENTMENT OR DEPOSIT, INCLUDING THE CASH ADVANCE MADE TO THE CUSTOMER AND THE FEE IMPOSED BY THE DEFERRED PRESENTMENT SERVICE, SHALL NOT EXCEED THREE HUNDRED FORTY-FIVE DOLLARS; TO AMEND SECTION 34-39-200, RELATING TO EXEMPTIONS FROM THE DEFERRED PRESENTMENT ACT, SO AS TO REVISE CERTAIN EXEMPTIONS; TO AMEND SECTION 34-41-20, RELATING TO LICENSE REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO REQUIRE A SEPARATE LICENSE FOR EACH BUSINESS LOCATION; TO AMEND SECTION 34-41-30, RELATING TO EXEMPTIONS FROM CHECK CASHING SERVICE LAW, SO AS TO REDEFINE THE EXEMPTION FOR RETAIL SELLERS TO ALLOW UP TO TWO DOLLARS, RATHER THAN NO CONSIDERATION; TO AMEND SECTION 34-41-40, RELATING TO CHECK CASHING SERVICE LICENSE APPLICATIONS, TO REVISE THE INVESTIGATION AND LICENSE FEES; TO AMEND SECTION 34-41-60, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR CHECK CASHING SERVICES, SO AS TO DELETE THE REQUIREMENT OF A WRITTEN AGREEMENT; AND TO AMEND SECTION 34-41-80, RELATING TO EXEMPTIONS FROM THE CHECK CASHING LAW, SO AS TO REVISE CERTAIN EXEMPTIONS.

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

The Committee on Banking and Insurance proposed the following amendment (434.SBI.001.TJB), which was adopted:

Amend the bill, as and if amended, Page 4, by striking lines 8 through 11 and inserting in lieu thereof:
/ "this chapter provided, however, that a sale of money orders, prepaid telephone calling cards, postage stamps, payment of utility bills with no additional fee to the customer, vending machines for food, tobacco products or beverage, copying or facsimile services, Western Union money transmission services, or postal

Amend the bill further, as and if amended, page 7, by striking lines 40 through 43, and inserting in lieu thereof:

/ "chapter, provided, however, that a sale of money orders, prepaid telephone calling cards, postage stamps, payment of utility bills with no additional fee to the customer, vending machines for food, tobacco products or beverage, copying or facsimile services, Western Union money transmission services, or postal" /

Amend sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.

Senator SALEEBY explained the Bill.

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

H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.

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

S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.

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

Senator PEELER proposed the following amendment (139R001.HSP), which was adopted:

Amend the committee report, as and if amended, page [139-2], line 23, by striking the word / five / and inserting in lieu thereof the word / three /

Amend the committee report further, as and if amended, page [139-4], line 7, by striking the word / five / and inserting in lieu thereof the word / three /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

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

Senator McCONNELL asked unanimous consent to carry the committee amendment over.

There was no objection.

The committee amendment was carried over.

Senators McCONNELL and BRYAN proposed the following amendment (JUD0226.005):

Amend the bill, as and if amended, page 1, line 32, by striking all after the enacting words and inserting therein the following:

/ SECTION   1.   Section 5-1-30 of the 1976 Code is amended to read:

"Section 5-1-30.   (A)   Before issuing a corporate certificate to a proposed municipality, the Secretary of State shall first determine:

(1)   that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;

(2)   that no part of the area is within five miles of the boundary of an active incorporated municipality; and

(3)   that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State; and

(4)   that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway, whether or not the marshland located in the tidal flow or the publicly-owned waterway has been previously incorporated or annexed by another municipality. The incorporation of a marshland located in the tidal flow or a publicly-owned waterway does not preclude the marshland located in the tidal flow or the publicly-owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of an incorporation if the distance from highland to highland of the area being incorporated is not greater than three-fourths of a mile.

(B)   When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.

(C)   The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.

(D)   The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent of the freeholders and fifty of the qualified electors of the respective areas seeking incorporation. The freeholders and electors need not be all different persons.

(E)   This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."

SECTION   2.   Section 5-1-40 of the 1976 Code is amended to read:

"Section 5-1-40.   Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by fifty qualified electors thereof and fifteen percent of the freeholders qualified electors who reside within the proposed municipality."

SECTION   3.   Chapter 3 of Title 5 of the 1976 Code is amended to read:

Section 5-3-10.   Any city or town council may extend the corporate limits of such city or town the municipality in the manner set forth in this chapter.

Section 5-3-15.   No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district.

Section 5-3-20.   To effect any such extension a petition shall first be submitted to the council by a majority of the freeholders of the territory which it is proposed to annex, accompanied by an adequate description thereof, praying that an election be ordered to see if such territory shall be included in the city or town.

Section 5-3-30.   When two or more municipal corporations propose to consolidate, no petition shall be required and each municipal corporation desiring to consolidate may call for the election hereinafter provided by ordinance.

Section 5-3-40.   Whenever it is proposed to extend the corporate limits of any municipality by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance.

Section 5-3-50.   If the city or town council shall find that the petition filed pursuant to Section 5-3-20 has been signed by a majority of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such territory shall not be annexed until such certification is made by the city or town council and an election is held pursuant to Sections 5-3-10 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such municipality, on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed.

Section 5-3-60.   The county commissioners of elections shall give at least ten days' notice prior to the date set for such election by notice signed by the county commissioners of elections and posted in three conspicuous places within the corporate limits of the municipality and also three conspicuous places within the territory proposed to be annexed to the municipality or by similar notice published ten days prior to the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto.

Section 5-3-70.   The election so ordered shall be a special election and not a municipal election and shall be held, regulated and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such election as are required of registered qualified electors to vote in State and county general elections. At such election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county commissioners of elections.

Section 5-3-80.   The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be in favor of the annexation or if neither gives a majority against the annexation, then the council shall publish the result of such election and declare the annexed territory a part of the city or town.

Section 5-3-90.   Any city or town municipality increasing its territory shall file a notice with the Secretary of State, Department of Transportation, and the Department of Public Safety describing its new boundaries. Such The notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added.

Section 5-3-100.   If the territory proposed to be annexed belongs entirely to the municipality seeking its annexation and is adjacent thereto, such the territory may be annexed by resolution of the governing body of the municipality. When the territory proposed to be annexed to the municipality belongs entirely to the county in which the municipality is located and is adjacent thereto, it may be annexed by resolution of the governing body of the municipality and the governing body of the county. Upon the adoption of the resolutions required by this section and the passage of an ordinance to that effect by the municipality, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.

Section 5-3-110.   Whenever the whole or any part of any street, roadway, or highway has been accepted for and is under permanent public maintenance by a city, a county, or the Department of Transportation, that portion of any right-of-way area not exceeding the width thereof lying beyond but abutting on the corporate limits of the city may be annexed to and incorporated within the city by adoption of an ordinance so declaring, without necessity for election of any sort, upon prior consent in writing of any public agency other than the city engaged in maintenance of the right-of-way area to be annexed. Consent on behalf of the Department of Transportation may be given by the director. Consent on behalf of any county may be given by its county commissioners, county board of directors, or other local county agency or governing body having jurisdiction over county roads.

Section 5-3-115.   Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under Section 4-1-170 and title to which is held by the State of South Carolina, may be annexed only upon approval by the Budget and Control Board.

Section 5-3-120.   If the entire area proposed to be annexed belongs to a corporation only, it may be annexed on the petition of the stockholders of such the corporation. Upon agreement of the governing body of the municipality to accept the petition and the passage of an ordinance to that effect by the municipality, the annexation shall be is complete and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.

Section 5-3-130.   If the area proposed to be annexed belongs entirely to a school district, it may be annexed upon the petition of the board of trustees of the school district to the city or town council. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.

Section 5-3-140.   If the territory proposed to be annexed belongs entirely to the Federal Government or to the State of South Carolina and is adjacent to a municipality, it may be annexed upon the petition of the Federal Government or of the State to the city or town council thereof. As used in this section, a petition by the State shall mean a petition executed by the State Budget and Control Board. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation shall be is complete, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required.

Section 5-3-150.   (1)   Any area or property which is contiguous to a city or town municipality may be annexed to the city or town municipality by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-270 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law; provided, that however, if this property may not be annexed unless the following has been complied with: (1) The the petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The the petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The the petition shall must state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The the petition shall must contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed; (5) Any the municipality or any resident of it and any person residing in the area to be annexed or owning real property of it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation; (6) not less than thirty days before acting on an annexation petition, the annexing municipality must give notice of a public hearing by publication in a newspaper of general circulation in the community, by posting the notice of the public hearing on the municipal bulletin board, and by written notification to the tax payer of record of all properties within the area proposed to be annexed, to the chief administrative officer of the county, to all public service or special purpose districts, and all fire departments, whether volunteer or full-time. This public hearing must include a map of the proposed annexation area, a complete legal description of the proposed annexation area, a statement as to what public services are to be assumed by the municipality, and the taxes and fees required for these services.

(2)   The conditions relating to petitions set forth in this section apply only to the alternate method of annexation as defined in subsection (1) of this section.

(3)   Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a city or town municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-80 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on such the ordinance. This method of annexation is in addition to any other methods authorized by law.

(4)   For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to such the property.

(5)   For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multi-county park under Section 4-1-170 and title to which is held by the State of South Carolina, only may be annexed with prior written consent of the State of South Carolina, and when title to real property in such a the park is held by a political subdivision of the State, the property may be annexed only with prior written consent of the governing body of the political subdivision holding title.

Section 5-3-155.   An area in this State located more than twelve miles from the Atlantic Ocean, which is a peninsula being predominately industrial in character, separating a fresh water reservoir from a body of brackish water subject to tidal influences, and created by the construction of a man-made canal and man-made dam, may be annexed by a municipality only under the provisions of Section 5-3-150 of the 1976 Code.

Section 5-3-160.   In addition to the method of initiating an annexation election provided for in Sections 5-3-20 through 5-3-50, cities and towns may annex adjacent territory as follows: Upon presentation to the city or town council of a petition signed by twenty-five percent of the freeholders resident in the area or territory proposed to be annexed, the city or town council may forthwith certify such fact to the county commissioners of election together with a description of the territory proposed to be annexed; and, if so certified, the county commissioners of election shall order a referendum and an election to be held as herein provided. No such territory shall be annexed until such a certification is made by the city or town council and a referendum and election are held. Except, however, with respect to any city or town having a population of twenty-five thousand, or more, said petition shall contain only fifteen percent, or more, of said freeholders resident in the area or territory proposed to be annexed.

Section 5-3-170. As a prerequisite to the annexation election provided for in Section 5-3-160, there shall be held a referendum (either prior to or simultaneous with the annexation) in which all freeholders owning property in the territory proposed to be annexed shall be entitled to vote.

Section 5-3-180.   In cases where the referendum is held prior to the election, if a majority of the freeholders voting in such referendum do not approve the proposed annexation, the election shall not be held. In cases where the referendum and the election are held simultaneously, separate boxes shall be maintained to receive the votes of the freeholders voting in the referendum and those of the registered electors voting in the election. In order for an annexation to be validly effected, a majority of the freeholders voting in the referendum must approve the annexation; and a majority of the registered electors voting in the election must approve the annexation, both within the territory proposed to be annexed and within the corporate limits of the municipality.

Section 5-3-190.   No annexation referendum or election shall be initiated pursuant to Sections 5-3-160 to 5-3-240 unless a notice of the referendum and election shall have been inserted in a newspaper of general circulation within the municipality and the territory proposed to be annexed for once a week for at least four successive weeks, the first such notice to be given at least sixty days prior to the date of the election. The notice shall state the purposes of the election, the date, and the location of the various voting places. There shall be provided at least one polling place within the area sought to be annexed.

Section 5-3-200.   Not later than twenty days prior to the freeholders referendum provided herein, the county auditor shall furnish to the county commissioners of election a list of freeholders showing the names of the freeholders owning the property within the territory proposed to be annexed as shown by the county tax records. The county commissioners of election shall use this list to determine what persons are eligible to vote in the referendum.

Section 5-3-210.   When an annexation election is defeated either by the voters inside the municipality concerned or within the territory proposed to be annexed, or both, another annexation election within the territory proposed to be annexed shall not be initiated within a period of twenty-four months from the date upon which the voting took place.

Section 5-3-220.   When the procedure for annexation provided for in Sections 5-3-160 to 5-3-240 is followed the area of the territory proposed to be annexed shall at no time exceed one-fourth of the area of the municipality. Provided, that the provisions of this section shall not apply to annexations where the area to be annexed is an island or the remaining part of an island not then within the corporate limits of a municipality.

Section 5-3-230.   The annexation procedure provided in Sections 5-3-160 to 5-3-240 shall not be applicable to annexation of the whole or any portion of an existing incorporated municipality, either with or without adjacent unincorporated territory, by the municipality initiating such election.

Section 5-3-235.   Except when the procedures for an annexation provided for in Sections 5-3-100, 5-3-110, 5-3-120, 5-3-130, 5-3-140, and 5-3-150 of the 1976 Code are followed, the assessed value of real property of any single freeholder to be annexed, as defined in Section 5-3-240 of the 1976 Code, shall not at the time of a proposed annexation exceed twenty-five percent of the assessed value of real property of the existing area of a municipality.

Section 5-3-240.   For the purposes of Sections 5-3-20, 5-3-50, and 5-3-160 to 5-3-240 5-3-150, 5-3-280, and 5-3-300, a 'freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate.

Section 5-3-250.   Any city or town municipality may extend its corporate limits so as to include any or all cemeteries adjoining such city or town the municipality, for the purposes only of police and sanitary measures, by the passage of an ordinance declaring them to be a portion of such city or town the municipality. But the inclusion of such these cemeteries shall not give to the city or town municipality the right to tax them in any manner whatsoever.

Section 5-3-260.   Any area owned entirely by an established church or religious group which is contiguous to a city or town municipality may be annexed to such city or town the municipality upon the petition of the governing body of such the church or religious group being submitted to the governing body of a city or town municipality. Upon agreement of the governing body of the city or town municipality to accept the petition, and the passage of an ordinance to that effect, the annexation shall be is complete and the election provided for in Sections 5-3-50 through 5-3-80 shall not be required.

Section 5-3-270.   When the limits of a city or town municipality shall be are ordered extended, no contest thereabout shall be allowed unless the person interested therein shall files, within sixty days after the result has been published or declared, file with both the clerk of the city or town municipality and with the clerk of court of the county in which the city or town municipality is situate located, a notice of his intention to contest such the extension, nor unless, within ninety days from the time the result has been published or declared an action shall be is begun and the original summons and complaint filed with the clerk of court of the county in which the city or town municipality is situate located.

Section 5-3-280.   Whenever a petition is presented to a city or town council signed by a majority of the resident freeholders of the city or town municipality asking for a reduction of the corporate limits of the city or town, the council shall order an election after not less than ten days' public advertisement. Such This advertisement shall describe the territory that is proposed to be cut off. If a majority of the qualified electors vote at such the election in favor of the release of the territory, then the council shall must issue an ordinance declaring the territory no longer a portion of the city or town municipality and shall so must notify the Secretary of State, furnishing him at the same time with of the new boundaries of the town municipality.

Section 5-3-285.   Territory proposed to be removed from within the corporate limits of a municipality which is owned entirely by that municipality may be removed from within the corporate limits by ordinance of the governing body of the municipality. Territory proposed to be removed from within the corporate limits of a municipality which is owned entirely by a county or jointly by a county and a municipality may be removed from within the corporate limits by ordinance of the governing body of the municipality upon receipt of a resolution from the county governing body requesting the removal.

Section 5-3-290.   The word 'municipality' as used in this chapter shall be construed to mean any incorporated city or town located within this State.

Section 5-3-300.   (A)   In addition to other methods of annexation authorized by this chapter, any area which is contiguous to a municipality may be annexed to the municipality by the filing of a petition with the council signed by twenty-five percent or more of the freeholders qualified electors who are residents within the area proposed to be annexed.

(B)   The petition must contain a description of the area to be annexed, the signature of the freeholder qualified elector, the address of residence, and the act or code section pursuant to which the proposed annexation is to be accomplished.

(C)   If the municipal council finds that the petition has been signed by twenty-five percent or more of the freeholders qualified electors resident within the area proposed to be annexed, it the council may certify that fact to the county election commission of the county in which the area is situated. Upon receipt of a written resolution certifying that the petition meets the requirements of this section, the county election commission shall order an election to be held within the area proposed to be annexed to the municipality on the question of extension of the corporate limits of the municipality by annexation of the area proposed to be annexed.

(D)   The election ordered pursuant to this section is a special election and not a municipal election and must be held, regulated, and conducted with the provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this section. The county election commission shall give at least thirty days' notice in a newspaper of general circulation within the area proposed to be annexed to the municipality. Registered qualified electors residing within the area proposed to be annexed to the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in state and county general elections. At the election, the registered qualified electors residing within the area proposed to be annexed shall vote in a box or boxes to be provided for the purpose within the area proposed to be annexed by the county election commission. The county election commission shall certify the result of the election to the municipal council of the municipality. If a majority of the votes cast by the qualified electors of the area proposed to be annexed are in favor of the annexation, then the council by written resolution shall must publish the result of the election.

(E)   After publishing the result of the election, the municipal council shall publish in a newspaper of general circulation within the municipality a notice which must contain:

(1)   a description of the area to be annexed;

(2)   the act or code section pursuant to which the proposed annexation is to be accomplished;

(3)   a statement that the qualified electors of the area to be annexed voted to be annexed to the municipality; and

(4)   a statement that the municipal council will approve the annexation of the area unless a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council within thirty days from the date of the notice requesting that the municipal council order an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed.

(F)   The municipal council may give final reading approval to an ordinance declaring the area annexed not less than thirty days from the date of the publication of the notice required by subsection (E). However, if within thirty days from the date of the publication of the notice required by subsection (E), a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council shall delay final reading approval of the ordinance declaring the area annexed until the results of the election within the municipality are published.

(G)   If within thirty days from the date of the publication of the notice required by subsection (E), a petition is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council, after verifying that at least five percent of the qualified electors within the municipality have signed the petition, shall certify that fact to the municipal election commission and order an election. The election ordered pursuant to this subsection is a municipal election and must be held, regulated, and conducted by the municipal election commission pursuant to provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this subsection. The municipal election commission shall give at least thirty days' notice prior to the date set for the election by publishing the notice in a newspaper of general circulation within the municipality. Registered qualified electors residing within the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in the state and county general elections. The municipal election commission shall certify the result of the election to the municipal council.

(H)   If a majority of the votes cast by the qualified electors of the municipality are in favor of the annexation, then the council shall give final reading approval to the ordinance declaring the area annexed. If a majority of the votes cast by the qualified electors of the municipality are in opposition to the annexation, the municipal council shall publish the result of the election and table the proposed ordinance.

(I)   When the procedure for annexation provided for in this section is followed, any freeholder owning real property in the area to be annexed equal to twenty-five percent or more of the total assessed value of all real property of the area proposed to be annexed and any freeholder owning agricultural real property in the area to be annexed shall receive written notice of the proposed annexation by certified mail, return receipt requested, from the municipal clerk. Unless the freeholder files written notice with the municipal clerk at least ten days before the election provided for in subsection (D), the freeholder's property must be considered as part of the area proposed to be annexed for the purposes of the annexation election. If the freeholder files written notice objecting to the inclusion of his property in the area to be annexed with the municipal clerk at least ten days before the election provided for in subsection (D), then the freeholder's property must be excluded from the area to be annexed. For purposes of this section, 'agricultural real property' means:

(1)   land used to grow timber, if the size of the tract is ten acres or more. Tracts of timberland of less than ten acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than ten acres are agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For purposes of this item, tracts of timberland must be actively devoted to growing trees for commercial use;

(2)   all other agricultural real property, if the size of the tract is ten acres or more. Tracts of other than timberland of less than ten acres which are contiguous to a tract which meets the minimum acreage requirement are treated as part of the qualifying tract;

(3)   tracts of other than timberland not meeting the acreage requirement qualify if the freeholder reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the annexation. The municipal clerk may require the freeholder (a) to give written authorization consistent with privacy laws allowing the clerk to verify farm income from the South Carolina Department of Revenue, or the Internal Revenue Service and (b) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.

Section 5-3-305.   For purposes of this chapter, 'contiguous' means property which is adjacent to a municipality and shares a continuous border. Contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another; however, if the connecting road, waterway, easement, railroad track, marshland, or utility line intervenes between two properties, which but for the intervening connector would be adjacent and share a continuous border, the intervening connector does not destroy continuity.

Section 5-3-310.   When all or part of the area of a special purpose district as defined in Section 6-11-1610 or a special taxing district created pursuant to Section 4-9-30, or Section 4-19-10, et seq. or an assessment district created pursuant to Chapter 15 of Title 6, or any other special purpose district or special taxing or assessment district is annexed into a municipality under the provisions of Section Sections 5-3-150 or 5-3-300, the following provisions apply:

(1)   At the time of annexation or at any time thereafter the municipality may elect at its sole option to provide the service formerly provided by the district within the annexed area. The transfer of service rights must be made pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.

(2)   Until the municipality upon reasonable written notice elects to displace the district's service, the district must be allowed to continue providing service within the district's annexed area.

(3)   Annexation does not divest the district of any property; however, subject to the provisions of item (4) below, real or tangible personal property located within the area annexed must be transferred to the municipality pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.

(4)   In any case in which the municipality annexes less than the total service area of the district, the district may, at its sole discretion, retain ownership and control of any asset, within or without the annexed area, used by or intended to be used by residents within the district's unannexed area or used or intended to be used to provide service to residents in the unannexed area of the district.

(5)   Upon annexation of less than the total area of the district, the district's boundaries must be modified, if at all, by the plan formulated pursuant to the provisions of Sections 5-3-300 through 5-3-315. Such The plan shall must specify the new boundaries of the district.

Section 5-3-311.   The plan contemplated by Sections 5-3-300 through 5-3-315 may be formulated by agreement of the district and the annexing municipality. If, however, the district and municipality do not agree on such a plan within ninety days following a favorable vote at the last referendum election required to be held to authorize the annexation, then the district and the municipality shall must appoint a committee to formulate such a plan in accordance with the following:

(1)   The district and municipality shall each select a member of the committee and the two members so selected shall select a third member.

(2)   If the two members fail to select a third member within thirty days after the second of them is appointed, either member may petition the court of common pleas for the county in which the annexed area or any part thereof lies to appoint a third member.

(3)   Within ten days after appointment of a third member, the three members must select a committee chairman from among themselves.

(4)   Within sixty days after selection of a chairman, the committee shall must develop a plan and present it to the district and the municipality.

(5)   If either the annexing municipality or the district objects to the plan, it may appeal the plan to the court of common pleas for the county in which the annexed area or any part thereof lies. The appeal must be instituted within thirty days of the date the district or municipality receives the committee's plan.

(6)   The court may modify the plan forwarded by the committee only upon finding an error of law, abuse of discretion, or arbitrary or capricious action by the committee.

(7)   The fact that a plan has not been finalized may not in any way alter or delay the effective date of annexation; however, the district shall retain the right to operate its existing system, collect revenues, and collect taxes from or within the area annexed until such time as the municipality and the district agree on a plan or a plan is presented to the municipality and the district under item (4) above. In the event a plan is appealed to the courts, the court of common pleas for the county in which the annexed area or any part thereof lies may enter such orders under its general equitable powers as are necessary to protect the rights of parties pending final resolution of any appeal.

Section 5-3-312.   The plan formulated under Sections 5-3-300 through 5-3-315 shall seek to balance the equities and interests of the residents and taxpayers of the annexed area and of the area of the district not annexed. The plan may be formulated with regard to any factors bearing on such balance of equities and interests in accordance with the following:

(1)   The plan may provide for certain service contracts to be entered into between the municipality and the district. The municipality has the right, in its sole discretion, to determine whether the municipality will provide service to the area annexed directly or by contract with the district. At the option of the district, the plan may provide for service contracts by which the municipality will provide service to residents of unannexed areas of the district.

(2)   In any case in which less than the total service area of the district will be annexed by the municipality, the plan shall:

(a)   protect the district's ability to serve the residents of the district's unannexed area economically and efficiently, and protect the district's ability to continue to expand or otherwise make service available throughout its unannexed area;

(b)   protect the ability of the municipality to serve residents of the annexed area of the district economically and efficiently;

(c)   protect the rights of the district's bondholders.

(3)   To carry out the requirements of subitem (a) of item (2) above, the plan shall require the municipality to assume contractually the obligation to pay debt service on an amount of the district's bonded indebtedness or other obligations including lease purchase obligations adequate to offset the district's loss of net service revenue or tax revenue from the area annexed, in accordance with the following:

(a)   specifically included within this amount must be revenues, if any, projected under the provisions of any governmentally approved plan promulgated pursuant to federal pollution control legislation;

(b)   as the district retires bonded indebtedness existing at the time of annexation, the municipality's payment obligation under this provision must be reduced by the proportion which the principal amount of the indebtedness retired bears to the total principal amount of bonded indebtedness of the district at the time of annexation;

(c)   as used herein, net service revenue means revenue from fees, charges, and all other sources, attributable to service provided in the area annexed, less the actual cost of operating and maintaining the system or facilities needed to serve that area; however, debt service or other payments required to finance capital assets may not be considered to be part of such operating and maintenance expenses. Tax revenue means taxes collected from property owners within the annexed area.

(4)   Under any plan whereby the district must disconnect or reintegrate its facilities, the municipality shall bear the reasonable cost of such disconnection or reintegration. In the event that the plan contemplates that the district will continue to provide service by contract within the incorporated limits of the municipality, the municipality shall agree to provide the district with all permits or authority necessary to use municipal streets, alleys, ways, and other public spaces for the provision of such service.

(5)   In no event may any provision be incorporated in any plan which will impair the rights of bondholders, or which will impair the statutory liens created by Section 6-21-330 or Title 7 of the United States Code, Section 1926(b), or which will accelerate the requirement to repay bonds, or which would violate the conditions of any grant.

(6)   In no event may any plan require that the residents in the annexed area be taxed or assessed by both the municipality and the district for the provision of the same service, except as provided by the laws of this State.

(7)   Absent consent of the district, neither annexation nor any plan hereunder entitles the municipality to any cash, securities, or other liquid assets of any kind of the district.

(8)   Subject to the provisions of Article VIII, Section 15 of the Constitution of this State, the service provided or made available through any district may not be curtailed or limited by inclusion of the area served by the district within the boundaries of any municipal corporation or other public body, or by the granting of any private franchise for similar service within such area in a manner which would impair any of the district revenue bonds.

Section 5-3-313.   The auditor and treasurer of the county or counties in which the annexed area is located shall take such action as is appropriate to conform with the plan finally established pursuant to the terms of Sections 5-3-300 through 5-3-315, including releasing or adjusting any levy of district taxes within any annexed area. The annexing municipality and the district shall execute and deliver such documents, including any deeds or bills of sale, appropriate to the implementation of such a plan.

Section 5-3-314.   In no event under any plan or otherwise may the obligation between the district and its general obligation bondholders or, in the case of a special tax or assessment district, the obligation between the district and the holders of the county bonds issued on its behalf, be disturbed. If adequate provision is not made for the levy of taxes or for payment of the principal and interest on such bonds, it is the duty of the auditor of the county to levy, and of the treasurer of the county to collect, an ad valorem tax, without limit as to rate or amount, upon all taxable property within the district as it was constituted on the dates those bonds were issued sufficient to pay principal and interest as they become due. Only bondholders or agents or trustees acting on their behalf may proceed at law or in equity to enforce this requirement.

Section 5-3-315.   Any district affected by the proposed annexation may conduct a public hearing within sixty days prior to the required election. The district must give at least fourteen days' notice of the time and place of this public hearing in a newspaper of general circulation within the area proposed to be annexed; however, failure to conduct a public hearing or failure to publish proper notice of the hearing may not delay any election or other proceedings herein."

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

Renumber sections to conform.

Amend title to conform.

Senators BRYAN and McCONNELL explained the amendment.

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

S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.

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

Senator HAYES proposed the following amendment (304SMA.001.SMA), which was adopted:

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

/   SECTION 1.   Chapter 47, Title 40 of the 1976 Code is amended by adding:

"Section 40-47-805.   This article may be cited as the 'South Carolina Dietetics Practice Act'.

Section 40-47-810.     The General Assembly recognizes that the practice of dietetics (Medical Nutrition Therapy) in South Carolina affects the public health, safety, and welfare and should be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of dietetics and from gunprofessional conduct by persons licensed to practice dietetics. However, restrictions must be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market.

Section 40-47-815.     As used in this chapter:

(1)   'Advisory panel' means the Advisory Panel for Dietetics under the department.

(2)   'Approved dietetic school' means a facility which meets minimum standards for training and curriculum as determined by regulations of the department.

(3)   'Department' means the South Carolina Department of Labor, Licensing and Regulation.

(4)   'Director' means the director of the department or their designee.

(5)   'Disciplinary panel' means the Disciplinary Panel for Dietetics under the department.

(6)   'Dietetics' or 'nutrition' means the integration and application of principals derived from the science of nutrition, biochemistry, physiology, food and management, and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of nutrition care services.

(7)   'Licensure' means the procedure by which a person applies to the department and is granted approval to practice dietetics.

(8)   'Licensed dietitian' means an individual licensed in good standing to practice dietetics or nutrition pursuant to the provisions of this article. For purposes of this article, 'dietitian' is synonymous with 'nutritionist'.

(9)   'Nutrition care services' or 'medical nutrition therapy' means any part of all of the following:

assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;

establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and financial constraints;

providing nutritional counseling in health and disease prevention;

developing, implementing, and managing nutrition care systems;

evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; and

transcribing a verbal order into patient records for cosignature by the ordering physician and implementing of the physician's written and verbal orders which pertain to the practice of dietetics, if this practice is specifically authorized by the medical director and the health care facility. In the delivery of dietetic home care this practice must be authorized specifically by the physician sponsor.

'Nutrition care services' does not include the retail sale of food products or vitamins and minerals.

Section 40-47-820.     Individuals holding themselves out to be dietitians and nutritionists employed to provide dietetic and medical nutrition therapy for inpatients, outpatients, and home patients must be licensed in accordance with this article.

Section 40-47-825.     This article does not apply to:

(1)   a health care professional who is licensed by the State, or who by passage of an examination certified by the National Council of Health certifying agencies has proven to be competent in one or more of the functions included in the definition of dietetics or medical nutrition therapy, as long as the person does not represent himself of herself as a dietitian or nutritionist;

(2)   a dietician serving in the armed forces of the public health service of the United States or employed by the Department of Veterans Affairs when performing duties associated with that service or employment;

(3)   a student or trainee working under the direct supervision of a licensed dietitian while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure, for a limited period of time as determined by the department;

(4)   a person aiding the practice of dietetics, if the person works under the direct supervision of a licensed dietician and performs only support activities that do not require formal academic training in the basic food, nutrition, chemical, biological, behavioral and social sciences that are used in the practice of dietetics;

(5)   an employee of or a person who contracts with the State, a political subdivision of the State, or a local school administrative unit while engaged in the practice of dietetics within the scope of that employment;

(6)   a retailer who does not hold himself out to be a dietician when that retailer furnishes nutrition information to customers on food, food materials, dietary supplements, and other goods sold at his retail establishment, in connection with the marketing and distribution of those goods;

(7)   a person who provides weight control services, provided a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association or a dietician licensed in another state that has licensure requirements that are equivalent to the requirements in this State:

(a)   has reviewed the service;

(b)   is available for consultation; and

(c)   approves a change in the service prior to its initiation.

(8)   an employee or independent contractor of a hospital or health care facility licensed by this State; an herbalist, or other person who does not hold himself or herself out to be a dietitian, when that person furnishes nutritional information on food, food materials, or dietary supplements or when that person furnishes nonfraudulent, specific nutritional information and counseling about reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, or other foods.

Section 40-47-830.     Nothing in this article may be construed to require direct third-party reimbursement to persons licensed under this article.

Section 40-47-835.     (A)   There shall be created under the department's Division of Professional and Occupational Licensing, an advisory panel and a disciplinary panel for dietetics. Members shall be appointed by the Governor. Nominations for appointments to the advisory or disciplinary panel may be submitted to the Governor from any individual, group, or association. A vacancy on either panel must be filled in the manner of the original appointment for the remainder of the unexpired term. No member may serve more than two full terms. The Governor may remove a member of either panel in accordance with Section 1-3-240.

(B)   Members of the advisory and disciplinary panels must be compensated for their services as provided for in Section 40-1-50(A). Panel members must be dietetics therapists and must have been engaged in the practice of dietetics for not fewer than three consecutive years before appointment and must practice in this State.

(C)   Each panel will annually elect a chairman to preside and represent the panel as may be necessary. Each panel shall meet upon the call of the director. A majority of the members of each panel constitutes a quorum; however, if there is a vacancy, a majority of the members serving constitutes a quorum. Panel members are required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal as provided for in Section 1-3-240.

Section 40-47-840.     (A)   The Dietetics Advisory Panel will consist of five members, one of whom must be:

(1)   a professional whose primary practice is clinical dietetics;

(2)   a professional whose primary practice is community or public health dietetics;

(3)   a professional whose primary practice is consulting;

(4)   a professional whose primary practice is in management of nutritional services; and

(5)   a member appointed from the general public.

(B)   Members serve a term of four years and until the successors are appointed.

(C)   The duties of the advisory panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.

(D)   Final decisions in all matters rest with the director.

Section 40-47-845.     (A)   The disciplinary panel will consist of three members, one of whom must be:

(1)   an educator on the faculty of a college or university, specializing in the field of dietetics;

(2)   a dietitian who serves coterminously with the Governor;

(3)   a member of the general public.

(B)   Members serve a term of four years and until their successors are appointed.

(C)   The disciplinary panel is responsible for advising the department concerning matters relating to violations of this chapter. The panel will conduct hearings and, on the basis of the findings thereof, recommend disciplinary action to the director for final decision and order.

Section 40-47-850.     (A)   The director may employ and establish compensation for personnel the director considers necessary and appropriate for the administration of this chapter.

(B)   Duties must be prescribed by the director and may include, but are not limited to:

(1)   maintaining and preserving records;

(2)   receiving and accounting for all monies received by the department;

(3)   issuing necessary notices to licenses;

(4)   determining the eligibility of applicants for examination and licensure;

(5)   licensing and renewing the licenses of qualified applicants;

(6)   promulgating regulations to carry out this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of persons licensed under this chapter; and

(7)   where appropriate, preparing, administering, and grading the examination or contracting for the preparation, administration, or grading of the examination.

Section 40-47-855.     The department shall prepare and submit an annual report on the administration of this chapter in accordance with Section 40-1-50.

Section 40-47-860.     The department shall keep a record and a registry in accordance with Section 40-1-50.

Section 40-47-865.     The department shall prepare and publish a roster in accordance with Section 40-1-50.

Section 40-47-870.     The department shall charge and collect the following fees:

(1)   dietetics application and initial licensing fee of one hundred fifty dollars;

(2)   biennial dietetics licensure renewal fee of one hundred and twenty dollars;

(3)   initial inactive license status fee of one hundred dollars;

(4)   biennial renewal fee for inactive status of one hundred dollars;

(5)   reinstatement fee of fifty dollars for renewals received after September 30 but before November 1; and

(6)   replacement fee of ten dollars for replacing a license.

Fees may be adjusted by the director to ensure that they are sufficient, but not excessive to cover the costs to the State for the operation of the dietetics program. All fees are nonrefundable.

Section 40-47-875.     The department has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. The department has jurisdiction to act on any matter which arises during the practice authorization period.

Section 40-47-880.     No person may practice dietetics without a license issued in accordance with this chapter. A person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of dietetics is not also required to be licensed under this chapter unless the person holds himself out to be a practitioner of dietetics.

Section 40-47-885.     To be licensed by the department as a dietitian a person must:

(1)   have successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or

(2)   where appropriate, has passed an examination as prescribed by the department and has received a post-baccalaureate degree from a regionally accredited college or university or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study as approved by the department.

Section 40-47-890.     An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as registered dietitian by the Commission on Dietetic Registration.

Section 40-47-895.     An application for licensure must be made in writing under oath on a form prescribed by the department and accompanied by all applicable fees.

Section 40-47-900.     (A)   If an applicant satisfied the licensure requirements and pays the applicable fees as provided for in this chapter, the department shall issue a license to the applicant. A license is a personal right and not transferable and the issuance of a license is evidence that the licensee is entitled to all rights and privileges of a dietitian while the license remains current and unrestricted.

(B)   A person licensed under this chapter shall display the license in a prominent and conspicuous place in the person's place of business and shall include the number of the license in an advertisement of dietetics services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium.

(C)   Only a person licensed under this chapter may use the title of dietitian or nutritionist.

Section 40-47-905.     The department shall issue a license to a person who holds an active license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for this chapter, and the person satisfies any other requirements the department may prescribe in regulation.

Section 40-47-910.     (A)   A dietetics license must be renewed biennially and expire on September 30 of the second year. Application for renewal must be accompanied by the fee as provided for in Section 40-47-870. A license which has not been renewed by September 30 is invalid and only may be reinstated upon receipt of a renewal application postmarked before November 1 and accompanied by the biennial license fee and reinstatement fee.

(B)   A person requesting inactive licensure must hold a valid unrestricted license issued by the department at the time inactive licensure is requested and agree not to practice dietetics while holding an inactive license. An inactive license may be renewed for up to four years.

Section 40-47-915.     The department may deny a license to practice to any applicant who has committed any act that would be grounds for disciplinary action pursuant to this act, or who has been the subject of disciplinary action by another state or jurisdiction, who has failed to comply with a final order, or who has failed to demonstrate the basic qualifications or standards for practice authorization contained in the respective licensing act. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the department that he or she meets all of the requirements for the issuance of a license.

Section 40-47-920.     The department will suspend the license of any person who submits a check, money draft, or similar instrument for payment of a fee which is not honored by the financial institution named. The suspension shall become effective ten days following delivery by certified mail of written notice of the dishonor and the impending suspension to such person's address. Upon notification of suspension, the person may reinstate the authorization upon payment of the fee and penalties required under statute or regulation. Such suspension shall be exempt from the Administrative Procedures Act.

Section 40-47-925.     The department will revoke the license of any person found to be in violation of the Family Independence Act as it relates to child support enforcement requirements.

Section 40-47-930.     Investigations by the department shall be conducted in accordance with Section 40-1-80.

Section 40-47-935.     For the purpose of a proceeding under this chapter, the director or disciplinary panel may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel witness's attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the disciplinary panel, the department may apply pursuant to the Administrative Procedures Act to an administrative law judge for an order requiring the person to appear before the disciplinary panel and to produce documentary evidence and give other evidence concerning the matter under inquiry.

Section 40-47-940.     (A)   When the department has reason to believe that a person is violating or intends to violate a provision of this chapter, or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing dietetics without being licensed under this chapter the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The administrative law judge may issue a temporary restraining order ex parte and the department is not required to:

(1)   post a bond;

(2)   establish the absence of an adequate remedy at law; or

(3)   establish that irreparable damage would result from the continued violation.

The director nor any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.

(B)   In accordance with the South Carolina Rules of Civil Procedure, the director also may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.

Section 40-47-945.     The director may take disciplinary action against a person who:

(1)   used a false, fraudulent, or forged statement of document or committed a fraudulent, deceitful, or dishonest act in applying for licensure under this chapter;

(2) has had his license to practice dietetics from another state or jurisdiction canceled, revoked, suspended, or otherwise restricted;

(3)   has violated a provision of this chapter, a regulation promulgated under this chapter, or an order of the department or the disciplinary panel;

(4)   has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated under this chapter;

(5)   has intentionally used a fraudulent statement in a document connected to the practice of dietetics or has made false, deceptive, or misleading statements in the practice of dietetics or in advertising;

(6)   has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;

(7)   has committed dishonorable, unethical or unprofessional conduct that is likely to deceive, defraud, or harm the public;

(8)   lacks the professional or ethical competence to practice dietetics;

(9)   has been convicted of or has pled guilty to or nolo contendere to a felony or a crime which directly relates to the practice or ability to practice dietetics;

(10)   has practiced dietetics while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice dietetics; or

(11)   has sustained a physical or mental disability, as determined by a physician, which renders further practice by the licensee dangerous to the public.

Section 40-47-950.     When investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-47-945 or a physical or mental disability, as provided for in Section 40-47-945, the director upon reasonable grounds may:

(1)   require an applicant or licensee to submit to a mental or physical examination including a drug test by physicians designated by the director. The results of an examination are admissible in a hearing before the disciplinary panel, notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of practicing dietetics in this State or who files an application for a license to practice dietetics in this State is deemed to have consented to submit to a mental or physical examination including a drug test and to have waived all objections to the admissibility of the results in a hearing before the disciplinary panel upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the director under this section, unless the failure was due to circumstances beyond the person's control, the director shall enter an order automatically denying or suspending the license pending compliance and further order of the director. An applicant or licensee who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the director the ability to resume or begin the practice of dietetics with reasonable skill and safety to patients

(2)   obtain records specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation authorized by item (1) and these records are admissible in a hearing before the disciplinary panel, notwithstanding any other provision of law. A person who accepts the privilege of practicing dietetics in this State or who files an application to practice dietetics in this State is deemed to have consented to the disciplinary panel obtaining these records and to have waived all objections to the admissibility of these records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the disciplinary panel or director to obtain these records when requested under this section, unless the failure was due to circumstances beyond the person's control, the director shall enter an order automatically denying or suspending the license pending compliance and further order of the disciplinary panel. An applicant or licensee who is prohibited from practicing dietetics under this section must be afforded at reasonable intervals an opportunity to demonstrate to the director the ability to resume or begin the practice of dietetics with reasonable skill and safety to patients.

Section 40-47-955.     (A)   Upon a recommendation by the disciplinary panel that one or more of the grounds for discipline exists, as provided for in Section 40-47-945, the director may:

(1)   issue a public reprimand;

(2)   impose a fine not to exceed five hundred dollars;

(3)   place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time, and prescribe conditions to be met during probation, restriction, or suspension, respectively, including, but not limited to, satisfactory completion of additional education, and supervision or continuing education programs as may be specified; or

(4)   permanently revoke the license.

(B)   A final order of the department refusing to issue a license to an applicant or of the director disciplining a licensee under this section, except for a private reprimand, is public information.

(C)   The department may establish a procedure to allow a licensee who has been issued a public reprimand to petition the department for expungement of the reprimand from the licensee's record.

Section 40-47-960.     A licensee who is under investigation for misconduct as defined in Section 40-47-945 for which the director may take disciplinary action may voluntarily surrender his license to the department. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice dietetics until the department reinstates the license. A person practicing dietetics during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the director from imposing conditions on the acceptance of the proffered surrender and does not preclude the director from taking disciplinary action against the licensee.

Section 40-47-965.     A person aggrieved by an action of the department may appeal the decision to an administrative law judge in accordance with the Administrative Procedures Act. Service of a notice of appeal does not stay the director's decision pending completion of the appellate process.

Section 40-47-970.     (A)   Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the director of the department a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director must be mailed to the licensee at his last known address, return receipt requested. The director shall keep a record of the day of the service of the notice, and the return receipt must be attached to made a part of the return of service of the notice by the department.

(B)   A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.

Section 40-47-975.     (A)   A communication, whether oral or written, made on behalf or on behalf of a person, to the director, an investigator, or disciplinary panel on matters relating to the discipline of a licensee, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.

(B)   Nothing in this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.

(C)   Notwithstanding the provisions of this section, a final order of the director disciplining a licensee is public information as provided for in Section 40-47-955.

Section 40-47-980.     (A)   It is unlawful for a person not licensed under this article, or whose license has been suspended or revoked by the department:

(1)   to hold himself or herself out as a dietitian, nutritionist, licensed dietitian or licensed nutritionist, alone or in combination, or use the letters 'LD', 'LN', 'LDN', or any facsimile or combination in any words, letter, abbreviations, or insignia.

(2)   present as his own a license of another;

(3)   allow the use of his license by an unlicensed person;

(4)   give false or forged evidence to the department in obtaining a license under this chapter;

(5)   falsely impersonate another license holder of like or different name;

(6)   use or attempt to use a license that has been revoked; or

(7)   otherwise violate a provision of this chapter.

(B)   The department may institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter of the regulations or orders of the department or disciplinary panel. For each violation, the court may, in its discretion, impose a fine of no more than one thousand dollars."

SECTION   2.   Initial recommendations for appointment to the advisory panel established pursuant to this act must be made within forty-five days after the effective date of this act.

SECTION   3.   This act takes effect upon approval of the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

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

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

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. P-1 (3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of April 13, 1999.

Senator RYBERG was recognized.

On motion of Senator PEELER, with unanimous consent, debate was interrupted by recess, with Senator RYBERG retaining the floor.

At 12:23 P.M., with Senator RYBERG retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:03 P.M., and was called to order by the PRESIDENT.

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-1 (3002R008.ELP) proposed by Senators PASSAILAIGUE, LAND and McCONNELL and previously printed in the Journal of April 13, 1999.

Senator RYBERG argued contra to the adoption of the amendment.

Senator MARTIN asked unanimous consent to make a motion to permit Senator HAYES to address the body.

Senator McCONNELL objected.

Senator RYBERG argued contra to the adoption of the amendment.

At 2:11 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Courtney                  Fair                      Giese
Glover                    Grooms                    Hayes
Hutto                     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

A quorum being present, the Senate resumed.

Senators HOLLAND, GREGORY, FORD, JACKSON and ELLIOTT recorded their presence subsequent to the Call of the Senate.

Senator RYBERG argued contra to the adoption of the amendment.

At 2:22 P.M., with Senator RYBERG retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.

At 2:37 P.M., the Senate resumed.

Senator RYBERG argued contra to the adoption of the amendment.

Senator McCONNELL raised a Point of Order that the Senator's remarks were out of order inasmuch as they were not germane to the amendment before the body.

Senators HAYES, MARTIN and McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator RYBERG argued contra to the adoption of the amendment.

Senator RYBERG argued contra to the adoption of the amendment.

At 3:41 P.M., Senator BRANTON assumed the Chair.

Senator RYBERG argued contra to the adoption of the amendment.

Senator THOMAS asked unanimous consent to take up Amendment No. P-8 for immediate consideration.

Senator McCONNELL objected.

Senator RYBERG argued contra to the adoption of the amendment.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 28, 1999, at 3:00 P. M. and the following Acts and Joint Resolutions were ratified:

(R25, S. 240 (Word version)) -- Senators McConnell and Passailaigue: AN ACT TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
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(R26, S. 352 (Word version)) -- Senator Moore: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
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(R27, S. 412 (Word version)) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
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(R28, S. 448 (Word version)) -- Senator Drummond: AN ACT TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.
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(R29, S. 463 (Word version)) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES THAT EXPIRED DECEMBER 31, 1998, CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AND TO PROVIDE WHAT STATUTORY REQUIREMENTS APPLY TO LICENSES RENEWED BETWEEN THOSE DATES.
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(R30, S. 487 (Word version)) -- Senators Matthews and Hutto: AN ACT TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE MEMBERS OF THE BOARD AT A NONPARTISAN ELECTION AT SPECIFIED DATES; TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES; AND TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE AN EXCEPTION FOR THE METHOD OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND DELETE PROVISIONS FOR FILLING VACANCIES.
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(R31, S. 540 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
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(R32, S. 542 (Word version)) -- Senators McConnell and Passailaigue: AN ACT TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.
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(R33, S. 604 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R34, S. 622 (Word version)) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R35, S. 629 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R36, S. 630 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R37, S. 706 (Word version)) -- Senators Holland and Leventis: AN ACT TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
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(R38, S. 733 (Word version)) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R39, H. 3040 (Word version)) -- Reps. Littlejohn, McKay, Rodgers and Barfield: AN ACT TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT CERTAIN CITIZENS OF A FOREIGN JURISDICTION WHOSE LICENSING PROCEDURE IS AT LEAST AS STRICT AS THIS STATE'S WHO HAVE A VALID DRIVER'S LICENSE FROM THAT JURISDICTION MAY DRIVE IN THIS STATE FOR FIVE YEARS.
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(R40, H. 3188 (Word version)) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: AN ACT TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED LIMIT FOR INTERSTATE HIGHWAYS, MULTILANE DIVIDED PRIMARY HIGHWAYS, AND UNPAVED ROADS, TO PROVIDE A MAXIMUM SPEED LIMIT FOR MANUFACTURED, MODULAR, OR MOBILE HOMES, AND TO PROVIDE THAT A LOCAL AUTHORITY MAY DETERMINE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS LESS THAN THIRTY MILES AN HOUR UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1535, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED AT THE BEGINNING OF AN ACTIVE WORK ZONE WHICH INFORM MOTORISTS OF THE PENALTY FOR SPEEDING THROUGH A WORK ZONE; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY INCREASE THE SPEED LIMIT IN AN URBAN DISTRICT TO NOT MORE THAN SEVENTY MILES AN HOUR; BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF HIGHWAYS IN THE OFFICIALLY DESIGNATED NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND CHAPTER 23, TITLE 57, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 17 SO AS TO PROVIDE THE CRITERIA THAT THE DEPARTMENT OF TRANSPORTATION MUST USE WHEN CONDUCTING VEGETATION MANAGEMENT OF MEDIANS, ROADSIDES, AND INTERCHANGES ALONG THE INTERSTATE HIGHWAY SYSTEM; BY ADDING SECTION 56-1-2156 SO AS TO PROVIDE THAT A COMMERCIAL MOTOR VEHICLE DRIVER MAY NOT BE ASSESSED POINTS AGAINST HIS DRIVING RECORD FOR FAILING TO COMPLY WITH LANE RESTRICTIONS POSTED ON THE INTERSTATE HIGHWAY SYSTEM; TO REPEAL SECTION 56-5-1510 RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND THE FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR; AND TO REPEAL SECTION 57-3-175 RELATING TO THE MAXIMUM SPEED LIMIT FOR MOVING MOBILE HOMES ON A HIGHWAY.
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(R41, H. 3261 (Word version)) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
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(R42, H. 3362 (Word version)) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R43, H. 3415 (Word version)) -- Reps. Bailey, Walker and Sandifer: AN ACT TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
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(R44, H. 3429 (Word version)) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 4 AND MARCH 9, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY AND THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAYS OF JANUARY 5 AND 8, 1999, MISSED BY STUDENTS OF MAYO ELEMENTARY SCHOOL IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO A POWER OUTAGE AND MECHANICAL FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R45, H. 3598 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R46, H. 3599 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R47, H. 3600 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R48, H. 3601 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R49, H. 3650 (Word version)) -- Reps. Clyburn and M. Hines: AN ACT TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
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(R50, H. 3661 (Word version)) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R51, H. 3685 (Word version)) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: AN ACT TO AMEND SECTION 51-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
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(R52, H. 3712 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R53, H. 3725 (Word version)) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.
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(R54, H. 3742 (Word version)) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R55, H. 3919 (Word version)) -- Reps. Vaughn, Allison, F. Smith, Cato, Davenport, Easterday, Hamilton, Haskins, Hawkins, Lanford, Leach, Lee, Littlejohn, Loftis, McMahand, Rice, D. Smith, Tripp, Walker and Wilkins: AN ACT TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD TWO NEW AREAS TO THE TERRITORY OF THE AUTHORITY.
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On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ruth Ann Meyer Aiken of Columbia, S.C.

At 4:08 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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