House Journal for May 31, 2000 - South Carolina Legislature Online

Wednesday, May 31, 2000 (Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 10:00 a.m. Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Help us, good Lord, to respond to Your blessings with gratitude, to Your wisdom with trust, and to Your teachings with obedience. Make us to realize that before we reach up to You that You are reaching down to us. Cause us always to take advantage of Your constant available strength. May the dazzling lights of the world never blur our eyes to Your truths which are as constant as the stars above. Keep us true to the highest and the best. Thank You, Lord, for hearing our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED Rep. RODGERS moved that when the House adjourns, it adjourn in memory of Carson Rayburn "Jim" Rentz, which was agreed to.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., May 30, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 732:

219 WEDNESDAY, MAY 31, 2000

S. 732 -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, CRIMINAL PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.-AMENDED TITLE and has ordered the Bill Enrolled for Ratification.

Very respectfully, President Received as information.

S. 721 -- 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. and has ordered the Bill Enrolled for Ratification.

CONCURRENT RESOLUTION The following was introduced:

H. 5156 -- Rep. Trotter: A CONCURRENT RESOLUTION CONDEMNING THE NAACP'S CONTINUATION OF ITS BOYCOTT AGAINST SOUTH CAROLINA AND CALLING UPON THE NAACP TO END THE BOYCOTT IMMEDIATELY. The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION The Senate sent to the House the following:

S. 1413 -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR MARY R. "MICKEY" MILLER, DIRECTOR OF THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, ON THE OCCASION OF HER RETIREMENT AFTER TWENTY-TWO YEARS OF LOYAL SERVICE AND TO RECOGNIZE HER DEDICATION AND COMMITMENT TO CHARLESTON COUNTY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

S. 1414 -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 95, BEGINNING AT THE SEVEN MILE MARKER EXTENDING SOUTH TO THE SOUTH CAROLINA WELCOME CENTER, IN MEMORY OF TROOPER FIRST CLASS BRUCE KENNETH SMALLS, KILLED IN THE LINE OF DUTY ON SEPTEMBER 27, 1985. The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

S. 1415 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND DR. EVELYN M. BERRY OF LEXINGTON COUNTY FOR HER DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS TO THE BETTERMENT OF THE PUBLIC EDUCATION SYSTEM IN SOUTH CAROLINA ON THE

OCCASION OF HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.

S. 1416 -- Senators Patterson and Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

S. 1417 -- Senator Martin: A CONCURRENT RESOLUTION HONORING DR. W. DUKE HUCKS, SUPERINTENDENT OF PICKENS COUNTY SCHOOL DISTRICT, ON THE OCCASION OF HIS RETIREMENT AND RECOGNIZING HIS DEDICATION AND COMMITMENT TO THE EDUCATION OF THE STUDENTS OF THE STATE OF SOUTH CAROLINA.

INTRODUCTION OF BILL The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5157 -- Rep. Barrett: A BILL TO AMEND SECTION 16-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE, OFFER TO SELL, DELIVERY, LEASE, RENT, BARTER, EXCHANGE, OR TRANSPORT FOR SALE INTO THIS STATE OF ANY PISTOL TO CERTAIN PERSONS, AND THE UNLAWFUL PURCHASE, SALE, TRANSPORT, PAWNING, RECEIPT, OR POSSESSION OF A STOLEN PISTOL OR A PISTOL FROM WHICH THE ORIGINAL SERIAL NUMBER HAS BEEN REMOVED OR OBLITERATED, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN BOTH CONVICTED OF A CRIME OF VIOLENCE AND RECEIVED A PARDON FOR THE CONVICTION IS SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION. Referred to Committee on Judiciary

ROLL CALL The roll call of the House of Representatives was taken resulting as follows: Allen Allison Altman Bailey Bales Barfield Barrett Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks

Perry Phillips Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell

STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Wednesday, May 31. Jackson Whipper Timothy Wilkes Clementa Pinckney Michael Easterday William Bowers Lynn Seithel Thomas Rhoad Todd Rutherford Douglas Jennings Leon Howard H.B. "Chip" Limehouse Greg Delleney Daniel Tripp Bill Cotty Harry Askins Jerry Govan Joseph Neal Ralph Canty Steve Lanford Doug Smith Donald C. Smith James Battle Theodore Brown Robert Walker Richard Quinn Larry Koon

Total Present--121

LEAVE OF ABSENCE The SPEAKER granted Rep. BATTLE a temporary leave of absence.

LEAVE OF ABSENCE The SPEAKER granted Rep. VAUGHN a leave of absence for the day.

LEAVE OF ABSENCE The SPEAKER granted Rep. HARVIN a leave of absence for the day.

STATEMENT OF ATTENDANCE Rep. QUINN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 30.

DOCTOR OF THE DAY Announcement was made that Dr. Susan Reynolds of Hartsville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION Rep. WALKER presented to the House James E. "Jim" Ervin, President, Lions Clubs International.

S. 1402--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

S. 1402 -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.

Rep. BAILEY proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\2158DW00), which was adopted: Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: / SECTION ___. For purposes of adjusting for a valuation error in Dorchester County School District No. 4, the Department of Revenue may amend the 2000 Index of Taxpaying Ability, as defined in Section 59-20-20(3) of the 1976 Code, for purposes of calculating the 2000 Index of Taxpaying Ability. / Renumber sections to conform. Amend title to conform.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

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

S. 300 -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.

S. 263--DEBATE ADJOURNED The following Bill was taken up:

S. 263 -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5- 1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY- FIVE MILES AN HOUR.

POINT OF ORDER Rep. KIRSH raised the Point of Order that the Bill was out of order under Code Section 2-7-76(B) in that a revised estimated fiscal impact

227 WEDNESDAY, MAY 31, 2000 statement must be prepared before third reading of the Bill due to the significant impact of the amendment to the Bill. SPEAKER WILKINS stated that the attached fiscal impact statement did meet the requirements of Code Section 2-7-76 and he therefore overruled the Point of Order.

POINT OF ORDER Rep. KIRSH raised the Point of Order that the Bill was out of order under Rule 4.4 in that no statewide Bill directly appropriating money shall be considered by the House until after such Bill has been referred to the Ways and Means Committee. SPEAKER WILKINS deferred his ruling to a later point in time.

Rep. TOWNSEND moved to adjourn debate on the Bill, which was agreed to.

RETURNED TO THE SENATE WITH AMENDMENTS The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1163 -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.

S. 1078 -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR

INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.

RETURNED TO THE SENATE WITH AMENDMENTS The following Bill was taken up:

S. 1145 -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.

Rep. KNOTTS, with unanimous consent, proposed the following Amendment No. 2 (Doc Name SKB\AMEND\18519SOM00), which was adopted: Amend the bill, as and if amended, in Section 23-6-435 as contained in SECTION 1, page [1145-2] by deleting subsection (C) on lines 10-17. Amend the bill further, as and if amended, by adding an appropriately numbered section to read: / SECTION __. The 1976 Code is amended by adding: “Section 23-3-65. The South Carolina Law Enforcement Division shall administer the South Carolina Law Enforcement Assistance Program (SC LEAP). The purpose of this program includes, but is not limited to, responding to and providing counseling services to all requesting law enforcement agencies and departments in the state which have experienced deaths or other tragedies involving law enforcement officers or other employees, and providing any other critical incident support services for all South Carolina law enforcement agencies and departments upon their request. The SC LEAP may also utilize local critical incident support service providers including, but not limited to chaplains, mental health professionals, and law enforcement peers. In consultation with the professional staff of the SC LEAP, the South Carolina Criminal Justice Academy shall develop a course of training for the critical incident stress debriefing and peer support team.” / Renumber sections to conform. Amend title to conform.

Rep. KNOTTS explained the amendment. The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

H. 5088--REQUESTS FOR DEBATE The following Joint Resolution was taken up:

H. 5088 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. DAVENPORT explained the Joint Resolution.

Reps. BARRETT, ROBINSON, EASTERDAY, BALES, WOODRUM, SANDIFER, HAYES, KELLEY, YOUNG-BRICKELL and HINSON requested debate on the Joint Resolution.

S. 1009--DEBATE ADJOURNED Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, June 1, which was adopted:

S. 1009 -- Senator Holland: A BILL TO AMEND SECTION 7-13- 430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT

THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13- 1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7- 13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN- LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN- LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.

S. 1350--ORDERED TO THIRD READING The following Bill was taken up:

S. 1350 -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.

Rep. BAILEY proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\2151DW00), which was ruled out of order: Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: / SECTION ___. The Department of Revenue may amend the 2000 Index of Taxpaying Ability, as defined in Section 59-20-20(3) of the 1976 Code, for purposes of calculating the 2000 Index of Taxpaying Ability. / Renumber sections to conform. Amend title to conform.

Rep. BAILEY explained the amendment.

POINT OF ORDER Rep. HAMILTON raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill. Rep. TOWNSEND argued contra. SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. TOWNSEND explained the Bill.

The Bill was read second time and ordered to third reading. RECURRENCE TO THE MORNING HOUR Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

S. 263--DEBATE ADJOURNED Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted:

S. 1008 -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name SKB\AMEND\18482SOM00), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read: “Section 56-1-460. (A) (1) Except as provided in subitem (2), A a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows: (a) for a first offense, be fined two hundred dollars or imprisoned for thirty days, or both; for the first violation, (b) for the a second violation offense, fined five hundred dollars and or imprisoned for sixty consecutive days, or both,; and (c) for the a third and subsequent violation offense, fined seven hundred and fifty dollars and imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. Notwithstanding the provisions of Sections 22 - 3 - 540, 22 - 3 - 545, and 22 - 3 - 550, an offense punishable under this subitem must be tried exclusively in magistrate’s court. (2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56 - 5 - 2990 must, upon conviction, be punished as follows: (a) for a first offense, imprisoned for not less than ten nor more than thirty days; (b) for a second offense, imprisoned for not less than sixty days nor more than six months; (c) for a third and subsequent offense, imprisoned for not less than six months nor more than three years. No portion of the minimum sentence imposed under this subitem may be suspended. (B) The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then

234 WEDNESDAY, MAY 31, 2000 the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section. If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended: (1) for a first offense, imprisoned for not less than ten nor more than thirty days; (2) for a second offense, imprisoned for not less than sixty days nor more than six months; (3) for a third and subsequent offense, not less than six months nor more than three years.” SECTION 2. Section 22-3-545(C) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read: / “(C) All cases transferred to the magistrate’s or municipal court must be prosecuted by the solicitor’s office. The chief judge for administrative purposes for the court of general sessions shall retain administrative supervision of cases transferred pursuant to this section. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor, and approval of the chief judge for administrative purposes for the court of general sessions, shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases.” / SECTION 3. Article 9, Chapter 3, Title 24 of the 1976 Code is amended by adding: “Section 24-3-965. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner under the jurisdiction of the Department of Corrections or to a prisoner in a county jail, municipal jail, prison, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner under the jurisdiction of the Department of Corrections or by a prisoner in any county jail,

235 WEDNESDAY, MAY 31, 2000 municipal jail, prison, work camp, or overnight lockup facility must be tried exclusively in magistrate’s court.” SECTION 4. This act takes effect upon approval by the Governor. / Amend the bill further by striking the title in its entirety and inserting: / A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO INCREASE PENALTIES; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT, SO AS TO PROVIDE THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE RETAINS SUPERVISION OVER THE TRANSFERRED CASES; AND TO ADD SECTION 24-3-965, SO AS TO PROVIDE THE OFFENSES OF PROVIDING CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, TO PRISONERS AND OF POSSESSION OF CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, BY PRISONERS MUST BE TRIED EXCLUSIVELY IN THE MAGISTRATE’S COURT. / Renumber sections to conform.

Rep. DELLENEY explained the amendment. The amendment was then adopted.

S. 746--ORDERED TO THIRD READING The following Bill was taken up:

S. 746 -- Judiciary Committee: A BILL TO AMEND SECTION 7-7- 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A

PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18490SOM00), which was tabled: Amend the bill, as and if amended, in Section 7-7-10 as contained in SECTION 1, page 1, lines 33-34 by striking / a majority of that county’s legislative delegation/ and inserting / the State Election Commission / so that when amended SECTION 1 shall read: / SECTION 1. Section 7-7-10 of the 1976 Code is amended to read: “Section 7-7-10. For the purpose of holding any general, primary, or special election in this State, the voting precincts and voting places in the several counties of the State shall be designated, fixed, and established by the General Assembly. Nothing in this chapter prohibits a county election commission from establishing multiple polling places within a precinct, provided that voters are assigned to these polling places alphabetically or geographically as determined by the county election commission and approved by the State Election Commission. A voter must be notified in writing of his transfer to a new polling place and the location of the new polling place.” / Renumber sections to conform. Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. SIMRILL explained the Bill.

The Bill was read second time and ordered to third reading.

S. 109--OBJECTIONS The following Bill was taken up:

S. 109 -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18488SOM00): Amend the bill, as and if amended, by striking SECTION 1 and inserting: / SECTION 1. The 1976 Code is amended by adding: “Section 15-9-17. Notwithstanding another provision of law, a process server may serve a summons, complaint, or other judicial documents on Sundays; however, a process server may not serve a person who is going to or from or attending a regularly or specially scheduled church or other religious service on Sunday.” / Renumber sections to conform. Amend title to conform.

Rep. HARRISON explained the amendment.

Reps. SCOTT, RUTHERFORD, WHATLEY, GOURDINE, LLOYD, HOSEY, MACK and MOODY-LAWRENCE objected to the Bill.

S. 1012 -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\2147DW00), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Section 61-6-2010 of the 1976 Code is amended to read: “Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty - two week temporary permit for a nonrefundable fee of three thousand dollars per year. Provided, however, that the optional fifty - two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty - two weeks from the date of the application for the optional fifty - two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit. (B)(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes: (a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities; (b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5); (c) festivals which have a demonstrable and significant impact on tourism; (d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51; (f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.; (g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering, and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities; (h) nourishment, renourishment (resanding), and maintenance of beaches; (i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system; (j) maintenance of public beach access; (k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and (l) construction and maintenance of drainage systems. (2) The revenue may not be used for operating expenses of tourism-related buildings. (C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred five thousand qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the

240 WEDNESDAY, MAY 31, 2000 next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows: ‘Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?’ (2) A referendum for this purpose may not be held more often than once in forty-eight months. (3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum.” SECTION 2. This act takes effect upon approval by the Governor. / Renumber sections to conform. Amend title to conform.

Rep. EASTERDAY explained the amendment. The amendment was then adopted.

S. 1291 -- Senator McConnell: A BILL TO AMEND SECTION 62- 5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18481SOM00), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Section 62-5-433 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read: “Section 62-5-433. (A)(1) For purposes of this section and for any claim exceeding ten twenty - five thousand dollars in favor of or against any minor or incapacitated person, ‘court’ means the circuit court of the county in which the minor or incapacitated person resides. For purposes of this section and for any claim not exceeding ten twenty - five thousand dollars in favor of or against any minor or incapacitated person, ‘court’ means either the circuit court or the probate court of the county in which the minor or incapacitated person resides. (2) ‘Claim’ means the net or actual amount accruing to or paid by the minor or incapacitated person as a result of the settlement. (3) ‘Petitioner’ means either a conservator appointed by the probate court for the minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed. (B) The settlement of any claim over ten twenty - five thousand dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner: (1) The petitioner shall must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney’s fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved. For all claims that exceed ten twenty - five thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person. (2) If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt

242 WEDNESDAY, MAY 31, 2000 and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. (3) The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement. (C) The settlement of any claim that does not exceed ten twenty - five thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners: (1) If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may petition the court for approval, as provided in items (1), (2), and (3) of subsection (B) above. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. (2) If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B) above, and without the appointment of a conservator. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. If a party subject to the court order fails or refuses to pay the money or deliver the personal property, as required by the order and in accordance with Section 62-5-103, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement. (D) The settlement of any claim that does not exceed two thousand five hundred dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement

243 WEDNESDAY, MAY 31, 2000 and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103.” SECTION 2. The 1976 Code is amended by adding: “Section 27-7-40. (a) In addition to any other methods for the creation of a joint tenancy in real estate which may exist by law, whenever any deed of conveyance of real estate contains the names of the grantees followed by the words ‘as joint tenants with rights of survivorship, and not as tenants in common’ the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created. This joint tenancy includes, and is limited to, the following incidents of ownership: (i) In the event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants. (ii) In the event of the death of a joint tenant survived by more than one joint tenant in the real estate, the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship. (iii) The fee interest in real estate held in joint tenancy may not be encumbered by a joint tenant acting alone without the joinder of the other joint tenant or tenants in the encumbrance. (iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be effectively encumbered or conveyed to a third party or parties. (v) If real estate is owned by only two joint tenants, a conveyance by one joint tenant to the other joint tenant terminates the joint tenancy and conveys the fee in the real estate to the other joint tenant. (vi) If real estate is owned by more than two joint tenants, a conveyance by one joint tenant to all the other joint tenants therein conveys his interest therein equally to the other joint tenants who

244 WEDNESDAY, MAY 31, 2000 continue to own the real estate as joint tenants with right of survivorship. (vii) Any joint tenancy in real estate held by a husband and wife with no other joint tenants is severed upon the filing of an order or decree dissolving their marriage and vests the interest in both the parties as tenants in common, unless an order or decree of a court of competent jurisdiction otherwise provides. (viii) The interest of any joint tenant in a joint tenancy in real estate sold or conveyed by a court of competent jurisdiction where otherwise permitted by law severs the joint tenancy, unless the order or decree of such court otherwise provides and vests title in the parties as tenants in common. (ix) If real estate is owned by two or more joint tenants, a conveyance by all the joint tenants to themselves as tenants in common severs the joint tenancy and conveys the fee in the real estate to these individuals as tenants in common. (b) The surviving joint tenant or tenants may, following the death of a joint tenant, file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate. (c) Except as expressly provided herein, any joint tenancy severed pursuant to the terms of this section is and becomes a tenancy in common without rights of survivorship. Nothing contained in this section shall be construed to create the estate of tenancy by the entireties. Nothing contained in this section amends any statute relating to joint tenancy with rights of survivorship in personal property but affects only real estate. The provisions of this section must be liberally construed to carry out the intentions of the parties. This section supersedes any conflicting provisions of Section 62-2-804.” SECTION 3. Section 62-2-804 of the 1976 Code, as last amended by Act 405 of 1996, is further amended to read: “Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, such the joint tenancy is deemed to have been severed by the death of the joint tenant

245 WEDNESDAY, MAY 31, 2000 and such the estate is distributable as a tenancy in common unless the instrument which created creates the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall does not occur. While other methods for the creation of a joint tenancy may be utilized, an express provision for a right of survivorship is conclusively deemed to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words ‘as joint tenants with right of survivorship and not as tenants in common’.” SECTION 4. Section 62-3-711 of the 1976 Code is amended to read: “Section 62-3-711. (a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court. (b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court. (c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62 - 3 - 713, the personal representative, acting in trust for the benefit of the creditors and others interested in the estate, may execute a deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62 - 3 - 910(b).” SECTION 5. The first paragraph of Section 62-3-906(a) of the 1976 Code is amended to read: “Section 62-3-906. (a) Unless a contrary intention is indicated by the will, such as the grant to the personal representative of a power of

246 WEDNESDAY, MAY 31, 2000 sale, the distributable assets of a decedent’s estate must be distributed in kind to the extent possible through application of the following provisions:” SECTION 6. Section 62-3-907 of the 1976 Code is amended to read: “Section 62-3-907. (A) If distribution in kind (whether real or personal property) is made, the personal representative shall must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee’s title to the property. (B) If the decedent dies intestate or devises real property to a distributee, the personal representative’s execution of a deed of distribution of real property constitutes a release of the personal representative’s power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62 - 3 - 711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62 - 3 - 908 and 62 - 3 - 910. (C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative’s execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative’s power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62 - 3 - 711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62 - 3 - 908 and 62 - 3 - 910. (D) The personal representative’s execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative’s power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62 - 3 - 711(a). (E) Prior to recording the deed of distribution: (1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to

247 WEDNESDAY, MAY 31, 2000 the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or (2) the deed or distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC.” SECTION 7. Section 62-3-908 of the 1976 Code is amended to read: “Section 62-3-908. Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy.” SECTION 8. Section 62-3-910 of the 1976 Code is amended to read: “Section 62-3-910. (A) If property distributed in kind (whether real or personal property) or a mortgage or other security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested persons, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the appropriate documentary or

248 WEDNESDAY, MAY 31, 2000 revenue stamps are affixed is prima facie evidence that such the transfer was made for value. (B) If a will devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), a purchaser for value who receives a deed from the personal representative takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate. The purchaser is protected whether or not the sale was proper and regardless of whether the heirs or devisees to whom title devolved pursuant to Section 62 - 3 - 101 executed or consented to the deed, because the personal representative exercises the power of sale in trust, for the benefit of creditors, and others interested in the estate, who have recourse against the personal representative under Section 62 - 3 - 712 if the sale constitutes a breach of the personal representative’s fiduciary duty. This section protects a purchaser of real property from a personal representative who has title to the real property or who has sold real property to the purchaser pursuant to an authorization in the will. To be protected under this provision, a purchaser need not inquire whether a personal representative acted properly in making the sale, even if the personal representative and the purchaser are the same person, or whether the authority of the personal representative had terminated before the sale. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that the sale was made for value.” SECTION 9. Section 62-3-1202A of the 1976 Code is repealed. SECTION 10. Section 62-4-207 of the 1976 Code is amended to read: “Section 62-4-207. In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62 - 3 - 101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State.”

SECTION 11. Section 62-5-408(3) of the 1976 Code is amended to read: “(3)(a) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and of his estate and fulfillment of his legal obligations of support of dependents, all the powers over his estate and affairs which he could exercise if present and not under disability, except the power to make a will. These powers include, but are not limited to, the power to: (i)make gifts as the court, in its discretion, believes would be made by the person if he were competent; (ii) convey or release the person’s contingent and expectant interests in property including material property rights and any right of survivorship incident to joint tenancy; (iii) exercise or release the person’s powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment; (iv) enter into contracts; (v) create or amend revocable trusts or create irrevocable trusts of property of the estate which may extend beyond the person’s disability or life; (vi) fund trusts; (vii) exercise options of the disabled person to purchase securities or other property; (viii) exercise the person’s right to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value; (ix) exercise the person’s right to an elective share in the estate of the person’s deceased spouse; (x) renounce any interest by testate or intestate succession or by inter vivos transfer; and (xi) ratify any such actions taken on the person’s behalf. (b) In order to exercise, or direct the exercise of the court’s authority in any powers set forth in item (a), the court must entertain a petition in which the specific relief sought is set forth, the incapacitated person, his known heirs, devisees, donees, and beneficiaries are made parties to the action, and which contains a statement that the person either is incapable of consenting or has consented to the proposed exercise of power. (c) In exercising the powers set forth in item (b), the court also must inquire into and consider any known lifetime gifts or the estate

250 WEDNESDAY, MAY 31, 2000 plan of the person, the terms of any revocable trust of which he is grantor, and any contract, transfer, or joint ownership arrangements with provisions for payment or transfer of benefits or interests at his death to another which he may have originated. In exercising the court’s authority set forth in item (b), the court must set forth in the record specific findings upon which it has based its ruling.” SECTION 12. This act takes effect upon approval by the Governor. / Renumber sections to conform. Amend title to conform.

Rep. EASTERDAY explained the amendment. The amendment was then adopted.

S. 57--RECOMMITTED The following Bill was taken up:

S. 57 -- Senator Alexander: A BILL TO AMEND SECTION 14-25- 115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.

Rep. HARRISON moved to recommit the Bill, which was agreed to.

S. 986--OBJECTIONS AND REQUESTS FOR DEBATE WITHDRAWN Reps. RICE, LAW, CAMPSEN, SIMRILL, DELLENEY, OTT, CHELLIS, GOURDINE and EASTERDAY withdrew their objections and requests for debate on S. 986; however, other requests for debate remained on the Bill.

H. 4953--REQUEST FOR DEBATE WITHDRAWN Rep. ROBINSON withdrew his request for debate on H. 4953; however, other requests for debate remained on the Bill.

S. 986--REQUEST FOR DEBATE WITHDRAWN Rep. BARRETT withdrew his request for debate on S. 986; however, other requests for debate remained on the Bill.

S. 1315--REQUEST FOR DEBATE WITHDRAWN Rep. SCOTT withdrew his request for debate on S. 1315; however, other requests for debate remained on the Bill.

S. 986--REQUESTS FOR DEBATE WITHDRAWN AND DEBATE ADJOURNED Upon the withdrawal of requests for debate by Reps. SHARPE, CATO, MCKAY and MCGEE, the following Bill was taken up:

S. 986 -- Senator Drummond: A BILL TO AMEND SECTION 56-1- 10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE- WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE- WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE

PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56- 5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE- WHEEL VEHICLE MOTORCYCLE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22665CM00): Amend the bill, as and if amended, Section 56-1-130(C), as contained in SECTION 2, page 5, by inserting after line 12: / A person operating a four - wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver’s license, a valid South Carolina driver’s license with a motorcycle classification, or proof that the operator has successfully completed an operator’s test approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver’s license or proof of successful completion of the training course must be carried by the operator at all times the four - wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State. / When amended Section 56-1-130(C) shall read: “(C) A basic driver’s license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver’s license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o’clock a.m. and no later than nine o’clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while

253 WEDNESDAY, MAY 31, 2000 holding a provisional driver’s license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation. A person operating a four - wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver’s license, a valid South Carolina driver’s license with a motorcycle classification, or proof that the operator has successfully completed an operator’s test approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver’s license or proof of successful completion of the training course must be carried by the operator at all times the four - wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State. A classified driver’s license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three - wheel vehicle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license. (D) The department shall include a noncommercial endorsement to the motorcycle classification license to indicate the type of motorcycle to be operated. The ‘M’ classification is for motorcycle operation only. The ‘D’ endorsement to the ‘M’ classification is for motorcycle three - wheel vehicle and motorcycle with detachable side car. The ‘C’ endorsement to the ‘M’ classification is for motorcycle, motorcycle three - wheel vehicle, and motorcycle with detachable side car.” Amend the bill further, Section 56-3-120(5) and (6), as contained in SECTION 4, page 9, by striking / .; / on line 23 and inserting / . /, and by striking lines 24 through 33. When amended Section 56-3-120 shall read: “Section 56-3-120. The following vehicles are exempt from registration and licensing under this chapter: (1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized; (2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type

254 WEDNESDAY, MAY 31, 2000 otherwise subject to registration and license which only incidentally is operated or moved upon a highway; (3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and (4) a vehicle owned and operated by the government of the United States.; (5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860.” Amend the bill further, by adding the following appropriately numbered SECTION: / SECTION _____. The Department of Public Safety is authorized to retain and expend the motor carrier registration fees collected pursuant to Section 58-23-640 for fiscal year 1999-2000.” / Renumber sections to conform. Amend title to conform.

Rep. STUART explained the amendment.

Rep. STUART moved to adjourn debate on the Bill, which was agreed to.

OBJECTION TO RECALL Rep. W. MCLEOD asked unanimous consent to recall S. 97 from the Committee on Ways and Means. Rep. SIMRILL objected.

S. 109--OBJECTIONS WITHDRAWN Reps. RUTHERFORD and GOURDINE, with unanimous consent, withdrew their objections to S. 109; however, other objections remained on the Bill.

S. 986--REQUEST FOR DEBATE WITHDRAWN Rep. KNOTTS, with unanimous consent, withdrew his request for debate on the following Bill:

S. 986 -- Senator Drummond: A BILL TO AMEND SECTION 56-1- 10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE

TITLE, SO AS TO AMEND THE DEFINITION OF A THREE- WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE- WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56- 5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE- WHEEL VEHICLE MOTORCYCLE.

S. 1240--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

S. 1240 -- Senators Fair and Bryan: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED ACTS OF THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE OPERATING THE VEHICLE AT CERTAIN TIMES, SO AS TO ALLOW THE DRIVER TO DISREGARD OTHER TRAFFIC REGULATIONS AS WELL AS SPEED LIMITS UNDER CERTAIN CONDITIONS.

S. 109--OBJECTIONS WITHDRAWN Reps. HOSEY and WHATLEY, with unanimous consent, withdrew their objections to the following Bill:

RECURRENCE TO THE MORNING HOUR Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE Rep. LOFTIS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5147 -- Rep. Townsend: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE RODNEY E. SLATER, SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE ADMINISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA), AND THE UNITED STATES CONGRESS TO OPPOSE THE ADOPTION OF THE REVISIONS TO THE FEDERAL HOURS-OF-SERVICE RULES FOR COMMERCIAL DRIVERS CONTAINED IN THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S RECENTLY ISSUED NOTICE OF PROPOSED RULEMAKING, AND TO URGE THE FMCSA TO ISSUE A NEW PROPOSAL BASED ON SOUND SCIENCE, ENHANCED PUBLIC SAFETY, AND STRENGTHENED ABILITY OF THE TRUCKING INDUSTRY TO MEET THE NEEDS OF THE AMERICAN ECONOMY. Ordered for consideration tomorrow.

Rep. LOFTIS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1390 -- Senators Anderson, Bryan, J. V. Smith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE". Ordered for consideration tomorrow.

S. 1424 -- Senators Alexander, Anderson, Bauer, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION THANKING THE HONORABLE JOHN R. RUSSELL OF SPARTANBURG COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS DEDICATED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND THE SOUTH CAROLINA SENATE, AND WISHING HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

S. 1425 -- Senators Jackson, Matthews, Patterson, Ford, Glover, Alexander, Anderson, Bauer, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Giese, Gregory, Grooms, Hayes, Holland, Hutto, Land, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.

S. 263--RETURNED TO THE SENATE WITH AMENDMENTS The following Bill was taken up:

Rep. TOWNSEND, with unanimous consent, proposed the following Amendment No. 4 (Doc Name SKB\AMEND\18529SOM00), which was adopted: Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Rep. TOWNSEND explained the amendment. The amendment was then adopted.

SPEAKER WILKINS' DEFERRED RULING SPEAKER WILKINS ruled that because the House had adopted Amendment No. 4, the Section related to the Point of Order had been deleted. Therefore, the issue was moot and he would not rule.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

S. 986--OBJECTION, AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

S. 986 -- Senator Drummond: A BILL TO AMEND SECTION 56-1- 10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE- WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE- WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56- 5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES

CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE- WHEEL VEHICLE MOTORCYCLE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22665CM00), which was adopted: Amend the bill, as and if amended, Section 56-1-130(C), as contained in SECTION 2, page 5, by inserting after line 12: / A person operating a four - wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver’s license, a valid South Carolina driver’s license with a motorcycle classification, or proof that the operator has successfully completed an operator’s test approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver’s license or proof of successful completion of the training course must be carried by the operator at all times the four - wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State. / When amended Section 56-1-130(C) shall read: “(C) A basic driver’s license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver’s license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o’clock a.m. and no later than nine o’clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver’s license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation. A person operating a four - wheel all terrain vehicle (ATV) must possess either a valid basic South Carolina driver’s license, a valid South Carolina driver’s license with a motorcycle classification, or proof that the operator has successfully completed an operator’s test

263 WEDNESDAY, MAY 31, 2000 approved by the ATV Safety Institute and administered by either an ATV dealer or manufacturer. A valid driver’s license or proof of successful completion of the training course must be carried by the operator at all times the four - wheel all terrain vehicle is being operated. Nothing in this section shall be construed to allow the operation of all terrain vehicles on the highways of this State. A classified driver’s license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three - wheel vehicle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license. (D) The department shall include a noncommercial endorsement to the motorcycle classification license to indicate the type of motorcycle to be operated. The ‘M’ classification is for motorcycle operation only. The ‘D’ endorsement to the ‘M’ classification is for motorcycle three - wheel vehicle and motorcycle with detachable side car. The ‘C’ endorsement to the ‘M’ classification is for motorcycle, motorcycle three - wheel vehicle, and motorcycle with detachable side car.” Amend the bill further, Section 56-3-120(5) and (6), as contained in SECTION 4, page 9, by striking / .; / on line 23 and inserting / . /, and by striking lines 24 through 33. When amended Section 56-3-120 shall read: “Section 56-3-120. The following vehicles are exempt from registration and licensing under this chapter: (1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized; (2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway; (3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and (4) a vehicle owned and operated by the government of the United States.;

(5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860.” Amend the bill further, by adding the following appropriately numbered SECTION: / SECTION _____. The Department of Public Safety is authorized to retain and expend the motor carrier registration fees collected pursuant to Section 58-23-640 for fiscal year 1999-2000.” / Renumber sections to conform. Amend title to conform.

Rep. STUART explained the amendment.

Rep. KIRSH objected to the Bill.

Rep. STUART continued speaking. Rep. STUART spoke in favor of the amendment. The amendment was then adopted.

Rep. STUART proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\21457SD00), which was adopted: Amend the bill, as and if amended, in Section 56-1-130(C) of the 1976 Code, by striking lines 27-37, page 986-1, and by striking lines 16-26, page 986-2. Renumber sections to conform. Amend totals and title to conform.

Rep. STUART explained the amendment. The amendment was then adopted.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18488SOM00), which was adopted: Amend the bill, as and if amended, by striking SECTION 1 and inserting: / SECTION 1. The 1976 Code is amended by adding: “Section 15-9-17. Notwithstanding another provision of law, a process server may serve a summons, complaint, or other judicial documents on Sundays; however, a process server may not serve a person who is going to or from or attending a regularly or specially scheduled church or other religious service on Sunday.” / Renumber sections to conform. Amend title to conform.

The amendment was then adopted.

H. 4295--NON-CONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Bill were taken up for consideration:

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

POINT OF ORDER Rep. WITHERSPOON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

RULE 5.15 WAIVED Rep. CAMPSEN moved to waive Rule 5.15, which was agreed to by a division vote of 39 to 12.

Rep. CAMPSEN explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 4748--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate amendments to the following Bill were taken up for consideration:

H. 4748 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND

SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.

Rep. SHARPE explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4651--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE The Senate amendments to the following Bill were taken up for consideration:

H. 4651 -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody- Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND

EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.

Reps. SHEHEEN AND J. SMITH proposed the following Amendment No. 1A (Doc Name B21\4651.1), which was adopted: Amend the bill, as and if amended, by STRIKING SECTIONS 2 AND 3 Renumber sections to conform. Amend totals and title to conform.

Rep. SHEHEEN explained the amendment. The amendment was then adopted.

Rep. CATO proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\AMEND\12200AC00), which was adopted: Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 of the bill in their entirety. Amend the bill further, Section 39-6-20(7)(f) page 3, line 36 by deleting /;or/ and inserting /./; and by deleting Section 39-6-20(7)(g) on lines 37 through 39. Amend the bill further, Section 39-6-80 page 12, beginning on line 34 by deleting subsection (C) and inserting : /(C) This section does not apply to: (1) the addition of a new dealership at a location that is within a three-mile radius of a former dealership of the same product line or make of new equipment that has been closed for less than two years; (2) the relocation of an existing dealer to a new location that is farther away from the protesting dealer’s location than the relocated dealer’s previous location; (3) the relocation of an existing dealer to a new location that is within a three-mile radius of the dealer’s current location, when it has been at the current location at least ten years; or (4) a retailer whose outdoor power equipment sales represent less than ten percent of the retailer’s gross sales in the United States./ Renumber sections to conform. Amend totals and title to conform.

Rep. CATO explained the amendment. The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 4003 -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7- 8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.

POINT OF ORDER Rep. W. MCLEOD made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

RULE 5.15 WAIVED Rep. HARRISON moved to waive Rule 5.15, which was agreed to by a division vote of 44 to 7.

Reps. HARRISON and CAMPSEN proposed the following Amendment No. 1A (Doc Name NBD\AMEND\12198AC00), which was adopted: Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting: /SECTION 2. Section 20-7-7205 (C) of the 1976 Code, as added by Act 383 of 1996, is amended to read: “(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410 any offense, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510 (E).”/ Amend the bill further, Section 20-7-8510(E) page 8, by deleting item (2) on lines 14 through 30 and inserting: /(2) The principal of a school may request from the department the child offense history of any child enrolled in or who has applied for enrollment in that school. Upon such request, the department must provide the child offense history to the principal./ Amend the bill further, Section 20-7-8510(H) page 9, line 26 before /law/ by inserting /state or federal/ Amend the bill further, Section 20-7-8515(D) page 10, line 41 before /law/ by inserting /state or federal/ Renumber sections to conform. Amend totals and title to conform.

Rep. HARRISON proposed the following Amendment No. 2A (Doc Name COUNCIL\SKB\AMEND\18526SOM00), which was adopted: Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:

/ SECTION 8. Chapter 9, Title 24 of the 1976 Code is amended by adding: “Section 24-9-50. (A) Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections, at the times and in the form required by the department, data and information prescribed by the department: (1) for the classification and management of inmates who receive sentences greater than three months; and (2) on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally; (B) Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity. (C) To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department.” / Renumber sections to conform. Amend title to conform.

S. 1111--NON-CONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Bill were taken up for consideration:

S. 1111 -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-

420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND

PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE

FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

POINT OF ORDER Rep. BALES made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

RULE 5.15 WAIVED Rep. TOWNSEND moved to waive Rule 5.15, which was agreed to by a division vote of 41 to 18.

Rep. TOWNSEND explained the Senate Amendments.

H. 4426--NON-CONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Bill were taken up for consideration:

H. 4426 -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.

Rep. TOWNSEND explained the Senate Amendments.

S. 1242--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate amendments to the following Bill were taken up for consideration:

S. 1242 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES

INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.

Rep. SHARPE explained the Senate Amendments.

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

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18525SOM00), which was adopted: Amend the bill, as and if amended, by striking SECTIONS 3, 4, 5 in their entirety.

Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read: / SECTION __. Section 14-7-860 of the 1976 Code is amended to read: “Section 14-7-860. The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. The provisions of Section 14-7-870 shall not apply to any such woman juror. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person must be excused if the person performs services for a business, commercial, or agricultural enterprise, and the person’s services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days or both.” SECTION __. Section 14-25-15 of the 1976 Code is amended to read: “Section 14-25-15. (A) Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council. (B) The council shall notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges. (C) Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution. (D) Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges: (1) All municipal judges shall complete a training program or pass certification or recertification examinations, or both, pursuant to

278 WEDNESDAY, MAY 31, 2000 standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from taking an examination based upon experience or education factors. (a) Municipal judges appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later. (b) Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, shall pass a certification examination before April 30, 2001. (c) Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 2002. (d) Every municipal judge shall pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter. (2) If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier. (E) Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge’s office is declared vacant, the municipal judge does not hold over, and the council shall appoint a successor, as provided in Section 14 - 25 - 25; however, the council shall not reappoint the current municipal judge who failed to complete the training program or pass the certification examination required pursuant to subsection (D) to a new term or to fill the vacancy in the existing term.

(F) No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed. (G) All municipal judges shall attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges’ duties which are required by the Supreme Court of South Carolina. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from the continuing education hours required by this section based upon experience or education factors.” SECTION __. Section 14-25-115 of the 1976 Code is amended to read: “Section 14-25-115. The council of any a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates, but shall have no other judicial power. Ministerial recorders shall have no other judicial authority.” SECTION __. The 1976 Code is amended by adding: “Section 14-25-180. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person must be excused if the person performs services for a business, commercial, or agricultural enterprise, and the person’s services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.” / Renumber sections to conform. Amend title to conform.

Rep. HARRISON explained the amendment. The amendment was then adopted.

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

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\12199AC00), which was adopted: Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 of the bill in their entirety. Renumber sections to conform. Amend totals and title to conform.

H. 4358 -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING,

SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.

POINT OF ORDER Rep. ROBINSON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

RULE 5.15 WAIVED Rep. MCGEE moved to waive Rule 5.15, which was agreed to by a division vote of 51 to 12.

Rep. PERRY proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\AMEND\21466SD00), which was adopted: Amend the bill, as and if amended, in Section 50-1-91(B) of the 1976 Code, as contained in SECTION 2, page 2, by striking the first sentence and inserting: /When hunting deer, except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across the right-of-way of any paved road with a weapon./ Renumber sections to conform. Amend totals and title to conform.

Rep. PERRY explained the amendment.

POINT OF ORDER Rep. KIRSH raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill. SPEAKER WILKINS overruled the Point of Order.

Rep. SHARPE moved to table the amendment.

Rep. MCGEE demanded the yeas and nays which were taken, resulting as follows: Yeas 22; Nays 72

Those who voted in the affirmative are: Askins Bailey Barfield Bowers Delleney Frye Gilham Harris Kennedy Knotts Koon Limehouse Lucas McCraw McLeod, W. Neal, J.M. Ott Rhoad Riser Sharpe Whipper Witherspoon

Total--22

Those who voted in the negative are: Allen Altman Bales Barrett Breeland Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Easterday Edge Emory Gamble Gourdine Govan Hamilton Harrison Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Keegan Kirsh Klauber Leach Lloyd Loftis Lourie Mack Maddox Martin McGee McLeod, M. McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Parks Perry Pinckney Quinn Rice Robinson Rodgers Scott Seithel Sheheen Simrill Smith, D.C. Smith, F. Smith, J. Smith, R. Stuart Taylor Tripp Trotter Webb

Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell

Total--72

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

H. 3553--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate amendments to the following Bill were taken up for consideration:

H. 3553 -- Rep. Campsen: A BILL TO AMEND SECTION 20-7- 8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.

Rep. CAMPSEN explained the Senate Amendments.

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

Rep. CATO proposed the following Amendment No. 1A (Doc Name DKA\AMEND\3969MM00), which was adopted: Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety. Amend further by inserting: / SECTION 2. Upon approval by the Governor, this act takes effect January 1, 2001. / Renumber sections to conform. Amend totals and title to conform.

RETURNED TO THE SENATE WITH AMENDMENTS The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 544 -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH

CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE- HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

MOTION PERIOD The motion period was dispensed with on motion of Rep. RICE.

Rep. ALLISON moved that the House recede until 2:15 p.m., which was agreed to.

THE HOUSE RESUMES At 2:15 p.m. the House resumed, Acting Speaker J. H. NEAL in the Chair.

POINT OF QUORUM The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR

LEAVE OF ABSENCE The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day due to personal reasons.

H. 4899--INTERRUPTED DEBATE Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. ALTMAN having the floor:

H. 4899 -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING

TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.

Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\AMEND\2148DW00): Amend the bill, as and if amended, page 2, immediately following line 21, by inserting the following paragraph: / Notwithstanding any other provision of this act, no funds collected under the millage cap provision shall be spent, directly or indirectly, by the Charleston County School District to teach any sex education courses that do not stress abstinence only sex education as their primary purpose, text, and curriculum. / Amend title to conform.

Rep. ALTMAN continued speaking. Rep. ALTMAN spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. ALTMAN continued speaking.

Further proceedings were interrupted by expiration of time on the local contested Calendar, the pending question being consideration of Amendment No. 9, Rep. ALTMAN having the floor.

S. 934--DEBATE ADJOURNED The following Bill was taken up:

S. 934 -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.

Rep. ROBINSON proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18485SOM00): Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. The 1976 Code is amended by adding: “Section 38-77-144. There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State. If an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned, transferred, or subrogated and is not subject to a setoff or a counterclaim. Any judgments or decrees shall draw interest pursuant to Section 34-31-20.” SECTION 2. Section 34-31-20(B) of the 1976 Code is amended to read: “(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen ten percent per annum a year.” SECTION 3. SECTION 1 of this act takes effect upon approval by the Governor and SECTION 2 of this act takes effect January 1, 2000, and applies with respect to interest calculated pursuant to Section 34-31-20(B) of the 1976 Code that first attaches on or after that date. / Amend the bill further by striking the title in its entirety and inserting: / TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE

THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT, IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED, TRANSFERRED, OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF OR A COUNTERCLAIM AND ANY JUDGMENTS OR DECREES DRAW INTEREST PURSUANT TO SECTION 34-31-20; AND TO AMEND SECTION 34-31-20, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT TEN PERCENT./

Rep. ROBINSON explained the amendment.

POINT OF ORDER Rep. MCGEE raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill. Rep. ROBINSON argued contra. SPEAKER WILKINS overruled the Point of Order.

Rep. JENNINGS moved to divide the question.

POINT OF ORDER Rep. CATO raised the Point of Order that the motion to divide the question was out of order in that Section 3 could not stand alone. SPEAKER WILKINS sustained the Point of Order and ruled the motion out of order.

Rep. JENNINGS moved to divide the question.

Rep. ROBINSON moved to table the motion.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows: Yeas 27; Nays 69

Those who voted in the affirmative are: Barrett Cato Chellis Cooper Cotty Dantzler

Easterday Hamilton Hinson Klauber Koon Law Leach Loftis McCraw Meacham-Richardson Perry Rice Robinson Sandifer Smith, D.C. Smith, R. Taylor Tripp Walker Woodrum Young-Brickell

Total--27

Those who voted in the negative are: Allen Altman Askins Bailey Barfield Battle Bowers Breeland Brown, T. Campsen Clyburn Cobb-Hunter Delleney Edge Emory Frye Gamble Gourdine Harris Harrison Hayes Hines, M. Hosey Jennings Keegan Kennedy Kirsh Knotts Lanford Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Riser Rodgers Rutherford Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Stille Stuart Townsend Webb Whatley Whipper Wilder Wilkins Witherspoon

Total--69

So, the House refused to table the motion.

The question then recurred to the motion to divide the question, which was agreed to.

QUESTION 1-- DEBATE ADJOURNED SECTION 1. The 1976 Code is amended by adding: “Section 38-77-144. There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State. If an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned, transferred, or subrogated and is not subject to a setoff or a counterclaim. Any judgments or decrees shall draw interest pursuant to Section 34-31-20.”

Rep. ROBINSON explained the question.

Rep. JENNINGS moved to adjourn debate on the question, which was agreed to.

QUESTION 2-- RULED OUT OF ORDER SECTION 2. Section 34-31-20(B) of the 1976 Code is amended to read: “(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen ten percent per annum a year.” SECTION 3. SECTION 1 of this act takes effect upon approval by the Governor and SECTION 2 of this act takes effect January 1, 2000, and applies with respect to interest calculated pursuant to Section 34-31-20(B) of the 1976 Code that first attaches on or after that date. Amend the bill further by striking the title in its entirety and inserting: / TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT, IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED, TRANSFERRED, OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF OR A COUNTERCLAIM AND ANY JUDGMENTS OR DECREES DRAW INTEREST PURSUANT TO SECTION 34-31-20; AND TO AMEND SECTION 34-31-20,

RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT TEN PERCENT./

POINT OF ORDER Rep. J. SMITH raised the Point of Order that Section 2 was out of order in that it was not germane to the Bill. SPEAKER WILKINS sustained the Point of Order and ruled the Section out of order.

QUESTION 1-- TABLED SECTION 1. The 1976 Code is amended by adding: “Section 38-77-144. There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State. If an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned, transferred, or subrogated and is not subject to a setoff or a counterclaim. Any judgments or decrees shall draw interest pursuant to Section 34-31-20.”

Rep. ROBINSON moved to table the question, which was agreed to.

Rep. ROBINSON moved to adjourn debate on the Bill until Thursday, June 1, which was agreed to.

RECURRENCE TO THE MORNING HOUR Rep. CATO moved that the House recur to the morning hour, which was agreed to.

S. 935 -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION, AND TO REQUIRE THAT AN INDIVIDUAL FIRE DEPARTMENT KEEP NECESSARY RECORDS ON FORMS PROVIDED BY THE SECRETARY OF STATE.-AMENDED TITLE and has ordered the Bill Enrolled for Ratification.

S. 1041 -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-760 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN, AS OF JANUARY 1, 2002, TO PROVIDE COVERAGE FOR TREATMENT OF MEDICALLY NECESSARY MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.39 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE DURING A THREE-YEAR PERIOD; AND TO REPEAL THIS ACT JANUARY 1, 2005.-AMENDED TITLE and has ordered the Bill Enrolled for Ratification.

S. 1078 -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION. and has ordered the Bill Enrolled for Ratification.

H. 3693--COMMITTEE OF CONFERENCE APPOINTED The following was received from the Senate:

MESSAGE FROM THE SENATE Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3693:

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

Very respectfully, President

On motion of Rep. CATO, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LAW, TROTTER and CANTY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION The following was introduced:

H. 5158 -- Rep. H. Brown: A HOUSE RESOLUTION T0 EXPRESS THE GRATITUDE AND FRIENDSHIP OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. FRANK FUSCO OF COLUMBIA FOR HIS YEARS OF SERVICE TO THE HOUSE OF REPRESENTATIVES, AND ESPECIALLY FOR HIS SERVICE AS DIRECTOR OF RESEARCH FOR THE HOUSE WAYS AND MEANS COMMITTEE, AND WISH HIM WELL IN THE POSITION OF DEPUTY CHIEF OF STAFF FOR LEGISLATIVE AND BUDGET AFFAIRS FOR GOVERNOR JAMES H. HODGES.

Whereas, Frank Fusco received his Bachelor of Arts degree from Florida Southern College and received subsequent training as a Total Quality Management Team Leader and as a General Accounting Office Management Auditor; and

Whereas, Frank Fusco served for five years as a Research Analyst for the Joint Appropriations Review Committee, for over five years as Principal Auditor for the Legislative Audit Council, and for over two years as Internal Auditor for the Governor’s Office; and

Whereas, Frank served his country honorably as a First Lieutenant with the United States Army Signal Corps; and

Whereas, Frank Fusco ably and faithfully served the House of Representatives as a member of the House Ways and Means staff from 1985 until 1999; and

Whereas, he served approximately five years of this period as staff to the Education Subcommittee, handling both K-12 and Higher Education budgets, and then nearly nine years as Director of Research for the full committee; and

Whereas, his service in those capacities inspired and established a model of professionalism for all staff of the House; and

Whereas, he particularly distinguished himself as a committed advocate for improving government at all levels through the use of Total Quality Management; and

Whereas, Frank was an enormously creative problem solver, who thought outside the boundaries of the usual and established patterns to suggest answers when the committee and the House needed them the most; and

Whereas, Frank possessed great skill as an organizer and strategic planner, which he used to improve staff support of the budget process and to anticipate and thereby avoid problems and oftentimes crises; and

Whereas, Frank was a leader of staff, holding them together as a unit through grueling hours of work, providing them with encouragement, support, and a game plan, and serving as a steady, calming influence in times of adversity; and

Whereas, Frank cheered us all with his wry sense of humor and flair for the practical joke; and

Whereas, Frank worked many weekends and extraordinarily long hours, tirelessly and without complaint, to achieve the goals of the committee and the House; and

Whereas, his long hours and weekend work meant his mountain cabin went unused for most of the year, which must have caused great internal conflict for a person whose life revolves around cost-benefits analysis; and

Whereas, 400 budget amendments were a gracious plenty when Frank worked for the House; but now that he works for the Governor, 700 is too few; and

Whereas, Frank never met two versions of a budget bill that could not be reconciled without free conference; and

Whereas, two of Frank’s former employers, the Joint Appropriations Review Committee and the Legislative Audit Council, are defunct or have been targeted for dissolution in the past, so that the House now fears for its future; and

Whereas, for Frank, the lower chamber now means the room where the press listens to the Governor’s speech rehearsal; and

Whereas, Frank is a closet rock and roll musician without a band or talent; and

Whereas, more than anything, Frank Fusco is a fair, honorable, gentle, generous, and caring man, who has been a friend to us all; and

Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations so they might express their high regard and appreciation for this dedicated public servant.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, express their gratitude and friendship to Mr. Frank Fusco of Columbia for his years of service to the House of Representatives, and especially for his service as Director of Research for the House Ways and Means Committee, and wish him well in the position of Deputy Chief of Staff for Legislative and Budget Affairs for Governor James H. Hodges.

Be it further resolved that a copy of this resolution be presented to Mr. Frank Fusco of Columbia.

The Resolution was adopted.

H. 5159 -- Rep. McMahand: A CONCURRENT RESOLUTION TO HONOR AND COMMEND JULIA CHILES ADAMS, DIRECTOR FOR THE PAST THIRTEEN YEARS OF THE GREENVILLE COUNTY HUMAN RELATIONS COMMISSION UPON HER RETIREMENT, AND TO THANK HER FOR ALL THE CONTRIBUTIONS SHE HAS MADE DURING THE THIRTY-FIVE YEARS SHE HAS SPENT IN LEADERSHIP POSITIONS AT LOCAL, STATE, AND REGIONAL LEVELS WORKING EFFECTIVELY ON HUMAN, SOCIAL, AND CIVIL RIGHTS ISSUES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

S. 1419 -- Senators Alexander and J. V. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE BELIEF OF THE GENERAL ASSEMBLY THAT THE USE OF PRAYER IN PUBLIC EDUCATIONAL SETTINGS AND AT SCHOOL-RELATED EVENTS IS AN APPROPRIATE ACTION THAT SHOULD BE PROMOTED AND ENCOURAGED WHEN SUCH PRAYER COMPLIES WITH CONSTITUTIONAL REQUIREMENTS. The Resolution was ordered referred to the Committee on Education and Public Works.

S. 1420 -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING SERGEANT MAJOR ROBERT E. HALL FOR HIS YEARS OF SERVICE IN THE UNITED STATES ARMY AND FOR ATTAINING THE RANK OF SERGEANT MAJOR OF THE ARMY, AND CONGRATULATING HIM UPON HIS RETIREMENT FROM THE ARMED FORCES AFTER THIRTY-TWO YEARS OF SERVICE.

S. 1421 -- Senator Alexander: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF JANIE S. ROTHELL IN HER THIRTY-THREE YEAR CAREER WITH THE OCONEE COUNTY OFFICE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT AND WISHING HER GOOD HEALTH AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

S. 1422 -- Senators Wilson, Branton, Leventis and Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE 14TH AIR FORCE AND ITS IMMEDIATE PREDECESSORS, THE FAMED "FLYING TIGERS" OF THE AMERICAN VOLUNTEER GROUP AND THE CHINA AIR TASK FORCE, WHO SERVED SO VALIANTLY IN THE CHINA, BURMA, INDIA THEATER, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE PILOTS, AIRMEN, AND SUPPORT PERSONNEL WHO WERE WOUNDED OR LOST THEIR LIVES AS THE RESULTS OF ENEMY ACCTION OR DISEASE DURING THE CRITICAL DAYS OF WORLD WARE II SOUTHEAST ASIA, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE 14TH AIR FORCE AND ITS IMMEDIATE PREDECESSORS ON THE OCCASION OF THE 14TH AIR FORCE ASSOCIATION'S MEETING, OCTOBER 11TH-14TH, 2000, IN CHARLESTON, SOUTH CAROLINA.

H. 5160 -- Rep. Canty: A CONCURRENT RESOLUTION CONGRATULATING CALVARY BAPTIST CHURCH OF PINEWOOD, SOUTH CAROLINA, ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY, AND RECOGNIZING ITS LONG AND LAUDABLE HISTORY OF SERVING THE EDUCATIONAL, HUMANITARIAN, AND SPIRITUAL NEEDS OF ITS MEMBERS AND THE PINEWOOD COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

STATEMENT BY REP. RHOAD AND THE DORCHESTER DELEGATION Rep. RHOAD and the Dorchester Delegation made a statement relative to Rep. BAILEY'S service in the House.

STATEMENT BY REP. BAILEY Rep. BAILEY made a statement relative to his service in the House.

H. 4199--ORDERED COMMITTED TO COMMITTEE ON JUDICIARY PURSUANT TO RULE 4.8 The Senate amendments to the following Bill were taken up for consideration:

H. 4199 -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.

The SPEAKER, citing Rule 4.8, ordered the Bill committed to the Committee on Judiciary.

SPEAKER PRO TEMPORE IN CHAIR

STATEMENT BY REP. HARRELL Rep. HARRELL made a statement relative to the Conference Committee on H. 4775, the General Appropriation Bill.

Rep. SHEHEEN moved that the House resolve itself into a Committee of the Whole.

Rep. QUINN moved to table the motion.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows: Yeas 64; Nays 49

Those who voted in the affirmative are: Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Neilson Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, D.C. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell

Total--64

Those who voted in the negative are: Allen Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Govan Harris Hayes Hines, J. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rutherford Scott Sheheen Smith, F. Smith, J. Whatley Whipper Wilder Wilkes

Total--49

So, the motion to resolve itself into the Committee of the Whole was tabled.

SPEAKER IN CHAIR

STATEMENT BY REP. LANFORD Rep. LANFORD made a statement relative to his service in the House.

STATEMENT BY REP. J.H. NEAL AND THE BLACK CAUCUS Rep. J.H. NEAL and the Black Caucus made a statement relative to Rep. CANTY'S service in the House.

STATEMENT BY REP. CANTY Rep. CANTY made a statement relative to his service in the House.

STATEMENT BY REP. J.H. NEAL AND THE BLACK CAUCUS Rep. J. H. NEAL and the Black Caucus made a statement relative to Rep. T. BROWN'S service in the House.

STATEMENT BY REP. T. BROWN Rep. T. BROWN made a statement relative to his service in the House.

H. 4003 -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7- 8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. ALLEN, JENNINGS and KNOTTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

On motion of Rep. CATO, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. YOUNG-BRICKELL, LAW and DANTZLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4651:

H. 4651 -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody- Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS. and has ordered the Bill Enrolled for Ratification.

Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3735:

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

H. 4358 -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.

On motion of Rep. SHARPE, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WITHERSPOON, RHOAD and EDGE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 1111--COMMITTEE OF CONFERENCE APPOINTED The following was received from the Senate:

MESSAGE FROM THE SENATE Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1111:

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

TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT

AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES. and asks for a Committee of Conference and has appointed Senators BRYAN, HAYES and SHORT of the Committee of Conference on the part of the Senate.

Whereupon, the Chair appointed Reps. LITTLEJOHN, MCMAHAND and RODGERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4295:

H. 4295 -- Rep. Campsen: A BILL TO AMEND SECTION 50-21- 133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150. and asks for a Committee of Conference and has appointed Senators GREGORY, BRANTON and GROOMS of the Committee of Conference on the part of the Senate.

Whereupon, the Chair appointed Reps. CAMPSEN, BAILEY and FRYE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE The following was received from the Senate:

Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3692:

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

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LUCAS, F. SMITH and J. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 283 -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER. and has ordered the Bill Enrolled for Ratification.

Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:30 p.m. today for the purpose of Ratifying Acts.

On motion of Rep. HASKINS the invitation was accepted.

Columbia, S.C., May 31, 2000 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it requests the return of S. 705:

S. 705 -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.

S. 705--ORDERED RETURNED TO THE SENATE The Bill was ordered returned to the Senate upon their request.

MOTION ADOPTED Rep. WEBB moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS At 5:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R362, S. 44) -- Senators Jackson, Elliott, Wilson, Washington and Reese: AN ACT TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED EIGHT DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.

(R363, S. 389) -- Senator Martin: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY OF A DEBTOR THAT IS EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR BANKRUPTCY PROCEEDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN DISABILITY BENEFITS SUBJECT TO CERTAIN COURT ORDERED LEVIES OR EXECUTION OF JUDGMENTS; BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FOR DISABILITY BENEFITS OF A DEBTOR FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR BANKRUPTCY PROCEEDING DOES NOT APPLY TO CERTAIN COURT ORDERED LEVIES OR EXECUTION OF JUDGMENTS; AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 15-41-33 APPLY TO DISABILITY PAYMENTS RECEIVED PROSPECTIVELY.

(R364, S. 518) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: AN ACT TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF

PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.

(R365, S. 560) -- Senator Alexander: AN ACT TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.

(R366, S. 732) -- Senators Leventis, Courson and Grooms: AN ACT TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, CRIMINAL AND OTHER PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.

(R367, S. 771) -- Senator Martin: AN ACT 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 NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER’S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT NO POLLING PLACE MAY EMPLOY MORE THAN ONE

SIXTEEN OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER.

(R368, S. 916) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: AN ACT TO AMEND SECTION 16-3-652, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELEMENTS OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO CHANGE A REFERENCE TO A CONTROLLED SUBSTANCE USED TO CAUSE ONE TO BE MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS AS A VICTIM OF CRIMINAL SEXUAL CONDUCT; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO CONTROLLED SUBSTANCES, SO AS TO DEFINE THE TERM “CONTROLLED SUBSTANCE ANALOGUE”; TO AMEND SECTIONS 44-53-190 AND 44-53-230, RELATING TO SCHEDULE I AND III CONTROLLED SUBSTANCES, RESPECTIVELY, SO AS TO ADD GAMMA HYDROXYBUTYRIC ACID AS A SCHEDULE I AND II CONTROLLED SUBSTANCE HAVING A DEPRESSANT EFFECT; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO UNLAWFUL ACTS CONCERNING CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO, AMONG OTHER THINGS, MANUFACTURE OR DISTRIBUTE A CONTROLLED SUBSTANCE ANALOGUE AND TO MAKE IT UNLAWFUL TO POSSESS A CERTAIN AMOUNT OF GAMMA HYDROXYBUTYRIC ACID OR A CONTROLLED SUBSTANCE ANALOGUE OF SUCH ACID AND TO PROVIDE PENALTIES FOR SUCH MANUFACTURE, DISTRIBUTION, OR POSSESSION AND FOR TRAFFICKING IN SUCH SUBSTANCES; TO AMEND SECTION 44-53-250, AS AMENDED, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO ADD BUTORPHANOL AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO PRESCRIPTIONS, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT WHICH APPROVES FACILITIES AND PROGRAMS WHICH ADMINISTER CERTAIN CONTROLLED SUBSTANCES, TO DELETE VARIOUS PROVISIONS PERTAINING TO FEDERAL LAW AND CONTROLLED SUBSTANCES, AND TO INCREASE DOSAGE UNITS AUTHORIZED TO BE PRESCRIBED FOR CERTAIN CONTROLLED SUBSTANCES; TO AMEND SECTION 44-53-710,

AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAVING EXCLUSIVE CONTROL OVER METHADONE AND TO PROVIDE EXCEPTIONS, SO AS TO DELETE THE EXCEPTIONS; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CHANGE REFERENCES TO CONFORM TO THIS ACT AND TO AUTHORIZE THE DISPENSING OF METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, SO AS TO CHANGE REFERENCES TO CONFORM WITH THIS ACT; AND TO AMEND SECTION 44-53- 740, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO CHANGE REFERENCES TO CONFORM TO THIS ACT.

(R369, S. 935) -- Senator Alexander: AN ACT TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION, AND TO REQUIRE THAT AN INDIVIDUAL FIRE DEPARTMENT KEEP NECESSARY RECORDS ON FORMS PROVIDED BY THE SECRETARY OF STATE.

(R370, S. 951) -- Senator Alexander: AN ACT TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE “GRACE PERIOD” FOR FILING FROM TEN DAYS TO TWENTY DAYS.

(R371, S. 958) -- Senators Giese and Hayes: AN ACT TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO FURTHER CLARIFY THE BOARD’S AUTHORITY TO ISSUE

PERMITS; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86 RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, FEES, AND DISPENSING DRUGS UNDER CERTAIN CIRCUMSTANCES, SO AS, RESPECTIVELY, TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER, TO ESTABLISH FEES IN STATUTE RATHER THAN IN REGULATION, AND TO AUTHORIZE PHYSICIANS IN CHARGE OF ATHLETIC DEPARTMENT TRAINING ROOMS TO DISPENSE CERTAIN DRUGS OWNED BY THE FACILITY; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 40-43-83 RELATING TO REQUIRING A PERMIT FOR THE SALE, DISTRIBUTION, POSSESSION, OR DISPERSING OF PRESCRIPTION DRUGS, SO AS TO EXTEND THIS PERMIT REQUIREMENT TO ENTITIES OUTSIDE OF THIS STATE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.

(R372, S. 975) -- Senators Short, Hayes, O’Dell, McGill, Passailaigue, McConnell and Elliott: AN ACT TO AMEND THE

CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED “GENERAL PROVISIONS”, AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.

(R373, S. 1041) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-760 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN, AS OF JANUARY 1, 2002, TO PROVIDE COVERAGE FOR TREATMENT OF MEDICALLY NECESSARY MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.39 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE DURING A THREE-YEAR PERIOD; AND TO REPEAL THIS ACT JANUARY 1, 2005.

(R374, S. 1048) -- Senator Moore: AN ACT TO AMEND CHAPTER 3, TITLE 53 OF THE CODE OF LAWS OF SOUTH

CAROLINA, 1976, BY ADDING SECTION 53-3-120, SO AS TO ESTABLISH THE THIRD SATURDAY IN FEBRUARY EACH YEAR AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.

(R375, S. 1062) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.

(R376, S. 1129) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: AN ACT TO ENACT THE “ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT” INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA’S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA’S MEMBERSHIP; TO AUTHORIZE AND PROVIDE PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE FOR THE APPOINTMENT OF THE STATE’S COMMISSIONERS TO THE COMPACT COMMISSION AND TO PROVIDE POLICIES APPLICABLE TO VOTING BY THE COMMISSIONERS; TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT INTO THIS ACT; TO

AMEND SECTION 13-7-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ATOMIC ENERGY AND RADIATION CONTROL ACT SO AS TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO REPEAL, EFFECTIVE JULY 1, 2000, CERTAIN PROVISIONS OF SECTION 48-48-140, RELATING TO THE IMPOSITION AND DISTRIBUTION OF TAXES ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AND TO REPEAL THE REMAINING PROVISIONS OF CHAPTER 48, TITLE 48, RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, EFFECTIVE UPON THE STATE JOINING THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND TO FURTHER PROVIDE THAT SECTION 48-48-140 MUST BE REINSTATED OCTOBER 1, 2000, IF THE STATE HAS NOT BECOME A MEMBER OF THE COMPACT; TO AMEND ARTICLE 9, CHAPTER 7, TITLE 13, RELATING TO THE GOVERNOR’S NUCLEAR ADVISORY COUNCIL, SO AS TO REQUIRE THE COUNCIL TO ADVISE THE GOVERNOR ON MATTERS RELATING TO THE ATLANTIC COMPACT, TO INCREASE THE COUNCIL FROM FIVE TO NINE MEMBERS, AND TO DIRECT THAT SUPPORT STAFF MUST BE PROVIDED BY THE STATE ENERGY OFFICE; AND TO REPEAL THIS ACT IF THE STATE DOES NOT BECOME A MEMBER OF THE COMPACT BY OCTOBER 1, 2000.

(R377, S. 1166) -- Senator Alexander: AN ACT TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE

CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.

(R378, S. 1169) -- Senator Giese: AN ACT TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R379, S. 1322) -- Senators Holland and Giese: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE

TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

(R380, S. 1340) -- Senators Ravenel, Mescher and McConnell: AN ACT TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT OBTAIN OR HOLD A SHRIMP BAITING LICENSE EFFECTIVE JULY 1, 2000, AND SECTION 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.

(R381, S. 1359) -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THE PORTIONS OF LAKE MARION KNOWN AS POTATO CREEK OR WYBOO CREEK WITHIN TWO HUNDRED YARDS OF A DWELLING OR MARINA WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THESE PORTIONS OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R382, H. 3186) -- Reps. Harrell and Knotts: AN ACT TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.

(R383, H. 3475) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: AN ACT TO AMEND ARTICLE 17, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-5-1711 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME

FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC “GRASS” SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R384, H. 3553) -- Rep. Campsen: AN ACT TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.

(R385, H. 3925) -- Rep. Sharpe: AN ACT TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM “WATER SUPPLY” TO “WATER SYSTEM”, TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEM CLASSIFICATIONS, TO ESTABLISH WATER DISTRIBUTION SYSTEM CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION; AND TO AMEND SECTION 40-23-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF “OPERATOR” AND ADD DEFINITIONS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION REQUIREMENTS FOR VARIOUS ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO

REQUIRE A WELL DRILLER TO FURNISH PROOF OF A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO FURTHER PROVIDE FOR LICENSURE, INCLUDING RENEWAL REQUIREMENTS AND GRANDFATHER PROVISIONS; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE BOND REQUIREMENTS; BY ADDING SECTION 40-23-300 SO AS TO PROVIDE CERTIFICATION CLASSIFICATIONS FOR OPERATORS OF WATER TREATMENT FACILITIES AND REQUIREMENTS FOR VARIOUS CLASSES OF LICENSURE FOR SUCH WATER TREATMENT OPERATORS; BY ADDING SECTION 40-23-305 SO AS TO REQUIRE WASTEWATER TREATMENT PLANT OPERATORS TO BE LICENSED IN THE APPLICABLE CERTIFICATION CLASS; AND BY ADDING SECTION 40-23-310 SO AS TO REQUIRE A WATER DISTRIBUTION SYSTEM FACILITY OPERATOR TO BE LICENSED UNDER THE APPLICABLE CERTIFICATION CLASS AND TO PROVIDE LICENSE REQUIREMENTS FOR VARIOUS CLASSES OF OPERATORS.

(R386, H. 4205) -- Rep. Stille: AN ACT TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS’ COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS’ COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.

(R387, H. 4349) -- Reps. Bailey and Littlejohn: AN ACT TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

(R388, H. 4467) -- Reps. Cato and Tripp: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS

TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES INCLUDING, AMONG OTHER THINGS, THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY’S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.

(R389, H. 4685) -- Rep. W. McLeod: AN ACT TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF “OPERATOR” AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.

(R390, H. 4743) -- Reps. D. Smith and Rodgers: AN ACT TO ENACT THE “SAFE HAVEN FOR ABANDONED BABIES ACT”, INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD’S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

(R391, H. 4881) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.

(R392, H. 4939) -- Reps. Cato, Tripp and Sharpe: AN ACT TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS, OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE

ADMINISTRATIVE PENALTIES; BY AMENDING SECTION 38-1- 20, AS AMENDED, RELATING TO DEFINITIONS USED IN TITLE 38 CONCERNING INSURANCE, SO AS TO DELETE THE DEFINITION OF LEGAL INSURANCE; BY ADDING SECTION 37-6-512 SO AS TO PROVIDE THAT THE DEPARTMENT OF CONSUMER AFFAIRS MAY APPOINT AN ADVISORY COMMITTEE OF PERSONS WITH HANDICAPS TO PROVIDE ADVICE REGARDING THE CONSUMER RIGHTS OF SUCH PERSONS ESPECIALLY AS THEY INTERACT WITH ENTITIES REGULATED BY THE PUBLIC SERVICE COMMISSION; AND TO REPEAL SECTIONS 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.

(R393, H. 4970) -- Reps. Battle and M. Hines: AN ACT TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.

(R394, H. 5024) -- Rep. Campsen: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

(R395, H. 5063) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.

(R396, H. 5070) -- Reps. Emory and J.M. Neal: AN ACT TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.

(R397, H. 5080) -- Rep. Sheheen: AN ACT TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE HISTORIC CAMDEN FOUNDATION; TO INSTRUCT THE CLERK OF COURT OF KERSHAW COUNTY TO ENTER IN THE REAL ESTATE INDEX THE CHANGE OF OWNERSHIP OF THE COMMISSION’S PROPERTIES; TO ABOLISH THE CAMDEN HISTORICAL COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND RESPONSIBILITIES UPON THE HISTORIC CAMDEN FOUNDATION AND TO REPEAL ACT 308 OF 1969, RELATING TO THE CAMDEN HISTORICAL COMMISSION, ALL ON JUNE 30, 2000.

(R398, H. 5101) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

(R399, H. 5102) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.

RETURNED WITH CONCURRENCE The Senate returned to the House with concurrence the following:

H. 5103 -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15

OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

H. 5106 -- Reps. Harrison, D. Smith, Knotts, Altman, Campsen, Cotty, Delleney, Easterday, Fleming, Govan, Harris, Hawkins, Jennings, Klauber, Lucas, Maddox, McGee, W. McLeod, Scott, Seithel, Simrill, F. Smith, J. Smith, Taylor and Whipper: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF JULY 23-29, 2000, AS "SOUTH CAROLINA PROBATION AND PAROLE OFFICERS WEEK", TO RECOGNIZE THE MANY CONTRIBUTIONS MADE BY PROBATION AND PAROLE OFFICERS TO INSURE THE SAFETY OF THE CITIZENS OF THE STATE AND TO INCREASE THE PUBLIC'S AWARENESS THAT THE AGENTS AND OFFICERS OF THIS DEPARTMENT ARE AN INTEGRAL PART OF THE OVERALL CRIMINAL JUSTICE SYSTEM IN THE STATE.

H. 5145 -- Reps. Carnell, Keegan, H. Brown, Harrell, Quinn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR HIGHLY REGARDED FRIEND,

SARA ELIZABETH "LIB" CROFT, FOR HER MANY YEARS OF DEDICATED AND LOYAL SERVICE TO THE GENERAL ASSEMBLY ON THE OCCASION OF HER JUSTLY EARNED RETIREMENT.

H. 5146 -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT THANKS OF THE STATE OF SOUTH CAROLINA TO DR. W. DUKE HUCKS, SUPERINTENDENT OF EDUCATION FOR PICKENS COUNTY, FOR MORE THAN THIRTY-FIVE YEARS OF DEDICATION TO PUBLIC EDUCATION IN THIS STATE AS TEACHER, PRINCIPAL, AND SUPERINTENDENT, AND WISHING HIM A WELL-DESERVED AND HARD-EARNED RELAXING RETIREMENT.

H. 5148 -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIS M. ROSS OF RICHLAND COUNTY ON HIS RETIREMENT FROM THE GOODYEAR TIRE AND RUBBER COMPANY, AND EXTENDING BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

H. 5149 -- Reps. J. Brown, Breeland, Clyburn, M. Hines, Pinckney, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle,

Bowers, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

H. 5150 -- Reps. W. McLeod, Wilder and Stille: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION AND EXTENDING BEST WISHES TO DR. THOMAS M. FAULKENBERRY, SUPERINTENDENT OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, FOR HIS DEDICATED AND DISTINGUISHED LEADERSHIP OF THE DISTRICT.

H. 5152 -- Rep. Perry: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM T. (TOMMY) GIBBS III OF AIKEN COUNTY ON THE OCCASION OF BEING RECOGNIZED AND PRESENTED THE "YOUNG AMERICAN MEDAL FOR BRAVERY" AWARD BY THE UNITED STATES JUSTICE DEPARTMENT IN WASHINGTON, D.C. ON APRIL 27, 2000, FOR HIS HEROIC RESCUE FIFTY-TWO YEARS AGO.

H. 5153 -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. GWENDOLYN WASHINGTON- RICHARDSON OF RICHLAND COUNTY ON THE OCCASION OF HER RETIREMENT FROM HAND MIDDLE SCHOOL.

ADJOURNMENT At 5:40 p.m. the House, in accordance with the motion of Rep. RODGERS, adjourned in memory of Carson Rayburn "Jim" Rentz, to meet at 10:00 a.m. tomorrow. ***