South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 1644 . . . . . Wednesday, March 21, 2001

Wednesday, March 21, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. RISER as follows:

Heavenly Father, we pause at the beginning of another day to praise Thy name and to thank Thee for the many blessings that Thou has bestowed upon us. Thou has sent the rain, life giving rain to replenish the earth, to give us the green of spring and the flowers of the season. May we enjoy them as we look to Thee for guidance as we transact the business of our great State. May we always be aware of Thy presence in our everyday lives. Be with our leaders now as they lead this assembly in today's work. Let us be reminded in this upcoming planting season the words of the poet who wrote, "he who plants the seed beneath the sod and waits for it to raise the clod, he trusts in God." 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. BARFIELD moved that when the House adjourns, it adjourn in memory of William Carl Hyman of Conway, which was agreed to.

INVITATIONS

On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1645 . . . . . Wednesday, March 21, 2001

Dear Rep. Fleming:

On behalf of Prevent Child Abuse South Carolina the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on April 4, 2001, from 8:00 to 10:00 a.m.
Sincerely,
Lindsey L. Carter
Director of Public Information

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Poultry Federation the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on April 4, 2001, from 6:00 to 7:30 p.m.
Sincerely,
Connie P. Smith
President

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Pfizer Pharmaceuticals the Members of the House of Representatives are invited to a luncheon. This event will be held at the Capitol City Club on April 10, 2001, from 12:00 to 2:00 p.m.
Sincerely,
Claude Baldwin
District Manager


Printed Page 1646 . . . . . Wednesday, March 21, 2001

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of The Citadel Alumni Association the Members of the House of Representatives, their spouses and staff are invited to a reception. This event will be held in the Cantey Building on the State Fair grounds on April 10, 2001, from 6:30 to 10:00 p.m.
Sincerely,
Henry A. Kennedy, Jr.
Executive Director

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of DuPont Nylon the Members of the House of Representatives, their spouses and staff are invited to a reception. This event will be held at the Columbia Museum of Art on April 17, 2001, from 6:00 to 8:00 p.m.
Sincerely,
John D. Strait
Site Manager

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1647 . . . . . Wednesday, March 21, 2001

Dear Rep. Fleming:

On behalf of The Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held at the Summit Club on April 18, 2001, beginning at 8:00 a.m.
Sincerely,
Kenneth Driggers

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of National Guard Association of South Carolina the Members of the House of Representatives are invited to a barbeque luncheon. This event will be held on the Capitol grounds on April 18, 2001, upon adjournment.
Sincerely,
Phillip E. Gee
Colonel, SC Air National Guard
President, NGASC

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina State Firemen's Association and the South Carolina Department of Labor, Licensing and Regulation the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on the Statehouse grounds on April 24, 2001, from 1:00 to 2:30 p.m.
Sincerely,
Joel E. Turner
Chief


Printed Page 1648 . . . . . Wednesday, March 21, 2001

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina School Boards Association, the South Carolina Chamber of Commerce and the Office of the Governor, the Members of the House of Representatives and their spouses are invited to a reception. This event will be held at the Sheraton Hotel on April 24, 2001, from 7:30 to 9:00 p.m.
Sincerely,
Jeannie M. Henry
Deputy Executive Director

March 20, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Association of Municipal Power Systems the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's on April 25, 2001, from 6:00 to 8:00 p.m.
Sincerely,
Greg Dietterick
Seneca Light & Water, President

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2603
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-300, 59-18-310, and 59-18-320
End-of-Course Tests


Printed Page 1649 . . . . . Wednesday, March 21, 2001

Received by Speaker of the House of Representatives
March 21, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration July 19, 2001(Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 20, 2001

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately upon adjournment on Wednesday, March 21, 2001, for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. HARRELL the invitation was accepted.

REPORT OF STANDING COMMITTEE

Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments.
Rep. BINGHAM for the minority, submitted an unfavorable report on:

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Altman, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH


Printed Page 1650 . . . . . Wednesday, March 21, 2001

CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3758 (Word version) -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-195 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ENTER INTO CONTRACTS WITH BONA FIDE FARMERS, IN THE STATE'S TEN MOST ECONOMICALLY DISADVANTAGED COUNTIES TO MAINTAIN THE RIGHTS-OF-WAY OF RURAL PORTIONS OF THE STATE'S HIGHWAYS.
Referred to Committee on Education and Public Works

H. 3759 (Word version) -- Reps. Koon, Knotts, Bingham, Frye and Riser: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF


Printed Page 1651 . . . . . Wednesday, March 21, 2001

LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LEASE PURCHASE AND FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITS, SO AS TO FURTHER PROVIDE FOR THE FINANCING AGREEMENTS WHICH ARE SUBJECT TO THIS PROVISION.
Referred to Committee on Ways and Means

H. 3760 (Word version) -- Reps. Knotts, Whatley, Harvin, Keegan, Kelley, Meacham-Richardson, Riser, Sandifer, Simrill, Sinclair, Snow, Stuart and Taylor: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHAL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHAL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White


Printed Page 1652 . . . . . Wednesday, March 21, 2001

and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
Referred to Committee on Judiciary

H. 3762 (Word version) -- Reps. Knotts, Whatley, Bingham, Carnell, Harvin, Keegan, Kelley, Koon, McGee, Meacham-Richardson, Rhoad, Rodgers, Simrill, Sinclair, G. M. Smith, Snow, Stuart, Taylor, Thompson and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
Referred to Committee on Ways and Means

H. 3763 (Word version) -- Rep. W. D. Smith: A BILL TO AUTHORIZE THE WHITNEY RESCUE SQUAD IN SPARTANBURG COUNTY TO TRANSFER AND THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY TO ACCEPT ALL OF THE DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE SQUAD ON SUCH TERMS THE GOVERNING BODIES CONSIDER APPROPRIATE.
On motion of Rep. ALLISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3764 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RESTRICTIONS ON PLEDGING THE CREDIT OF THIS STATE OR ITS POLITICAL SUBDIVISIONS FOR A PRIVATE PURPOSE AND THE RESTRICTION ON THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS BECOMING A JOINT OWNER OR STOCKHOLDER OF A BUSINESS, SO AS TO ALLOW A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR


Printed Page 1653 . . . . . Wednesday, March 21, 2001

PUBLIC SERVICE DISTRICT OF THIS STATE WHICH PROVIDES FIREFIGHTING SERVICE AND WHICH ADMINISTERS A SEPARATE PENSION PLAN FOR ITS EMPLOYEES PERFORMING THIS SERVICE TO INVEST AND REINVEST THE FUNDS IN THIS PENSION PLAN IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE, AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR SUCCESSOR ACT, OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
Referred to Committee on Ways and Means

H. 3765 (Word version) -- Rep. Littlejohn: A BILL TO AMEND SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATIONS FOR STATE CAPITAL IMPROVEMENT BONDS IN ODD-NUMBERED YEARS AND OTHER MATTERS PERTAINING TO THE ISSUANCE OF SUCH BONDS, SO AS TO PROVIDE THAT A BILL AUTHORIZING THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS MUST HAVE A CERTIFICATE ATTACHED FROM THE OFFICE OF STATE BUDGET CERTIFYING THAT CERTAIN CONDITIONS ARE MET AND REQUIRING THIS CERTIFICATE AT SPECIFIED STAGES OF THE MATRICULATION OF THE BILL THROUGH THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means

H. 3766 (Word version) -- Rep. Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.
Referred to Committee on Education and Public Works

H. 3767 (Word version) -- Reps. Harrison and Walker: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL


Printed Page 1654 . . . . . Wednesday, March 21, 2001

COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
Referred to Committee on Judiciary

H. 3768 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 56-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO EXEMPT CERTAIN FIREFIGHTING VEHICLES.
Referred to Committee on Education and Public Works

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3769 (Word version) -- Reps. White and Thompson: A HOUSE RESOLUTION TO COMMEND THE MEMBERS OF THE T. L. HANNA MARCHING BAND OF ANDERSON ON BEING NAMED THE GRAND CHAMPION OF THE REX PARADE, THE OLDEST NEW ORLEANS MARDI GRAS PARADE.

The Resolution was adopted.


Printed Page 1655 . . . . . Wednesday, March 21, 2001

CONCURRENT RESOLUTION

The following was introduced:

H. 3770 (Word version) -- Reps. White, Cooper, Martin, Stille, Thompson and Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MATT RHOTON OF THE HOPEWELL FIRE DEPARTMENT UPON BEING NAMED ANDERSON COUNTY FIREMAN OF THE YEAR FOR 2000.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers

Printed Page 1656 . . . . . Wednesday, March 21, 2001

Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 21.

Todd Rutherford                   William Witherspoon
Dwight Loftis                     Bill Cotty
Joseph Neal                       Tracy Edge
Harry Askins                      Bessie Moody-Lawrence
Creighton Coleman                 Richard Quinn

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence due to a court ordered mediation hearing.

DOCTOR OF THE DAY

Announcement was made that Dr. Theodore Watson of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. KLAUBER and the Greenwood Delegation presented to the House the Greenwood High School Football Team, Class AAAA Division II Champions, and its coaching staff.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 1657 . . . . . Wednesday, March 21, 2001

presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3158 (Word version)
Date:   ADD:
03/21/01   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 3610 (Word version)
Date:   ADD:
03/21/01   BARRETT

CO-SPONSOR ADDED

Bill Number:   H. 3163 (Word version)
Date:   ADD:
03/21/01   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3427 (Word version)
Date:   ADD:
03/21/01   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3010 (Word version)
Date:   ADD:
03/21/01   MEACHAM-RICHARDSON


Printed Page 1658 . . . . . Wednesday, March 21, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3010 (Word version)
Date:   ADD:
03/21/01   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3010 (Word version)
Date:   ADD:
03/21/01   STUART

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
03/21/01   THOMPSON

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
03/21/01   LOURIE

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR


Printed Page 1659 . . . . . Wednesday, March 21, 2001

COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES.

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

H. 3014--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. MEACHAM-RICHARDSON having the floor:

H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILLFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

Rep. MEACHAM-RICHARDSON relinquished the floor.

Reps. TOWNSEND, MARTIN and KIRSH proposed the following Amendment No. 1 (Doc Name GGS\AMEND\ 22926CM01), which was adopted:
Amend the bill, as and if amended, Section 56-3-150(C), as contained in SECTION 1, by striking line 8 on page 2, and inserting:
/ vehicle must respond within thirty days after receipt of a written inquiry by the auditor of any county in /
Amend further Section 56-3-150(D), as contained in SECTION 1, by striking Section 56-3-150(D) on page 2 and inserting:


Printed Page 1660 . . . . . Wednesday, March 21, 2001

/   (D)   The written inquiry by the auditor must be delivered in person or sent certified letter, return receipt requested, to the nonresident's last known address.

(E)(1)   The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.

(2)   A person who files a false sworn statement or willfully fails to respond to inquiry from the county auditor, or otherwise willfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest. /
Amend title to conform.

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

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

H. 3529--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20308SD01), which was adopted:


Printed Page 1661 . . . . . Wednesday, March 21, 2001

Amend the bill, as and if amended, Section 59-4-20(10) of the 1976 Code, as contained in SECTION 1, by inserting after / 'Tuition'/ on line 28, page 1, /, for purposes of this chapter only,/ so that when amended Section 59-4-20(10) shall read:

"(10)   'Tuition', for purposes of this chapter only, means the credit-hour charges imposed by a public higher education institution in this State and all mandatory fees required as a condition of enrollment of all students registration or matriculation, credit-hour charges, and mandatory college fees, including athletic or activity, medical or infirmary and capital improvement fees, imposed by a public higher education institution in this State as a condition of enrollment of all full-time, undergraduate students regardless of class. Tuition does not under any circumstance include the expenses for student housing, meal plans, books, class or lab supplies and equipment, uniforms and laundry, transportation, course-specific fees, or any other fees or charges the program did not consider in the determination of the annual contract pricing structure, regardless of how these fees are characterized by the institution."
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3533--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.


Printed Page 1662 . . . . . Wednesday, March 21, 2001

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20307SD01), which was adopted:
Amend the bill, as and if amended, in Section 59-101-250 of the 1976 Code, as contained in SECTION 1, by striking item (11) which begins on line 27, page 2, and inserting:
/(11)   assessment information for the institution's Title II of the federal Higher Education Act of 1998 report that collects and analyzes data on applicant qualifications and the performance of the candidates and graduates; /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. STILLE explained the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:

Yeas 100; Nays 8

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Hines, J.
Hines, M.              Hosey                  Huggins
Keegan                 Kelley                 Kirsh

Printed Page 1663 . . . . . Wednesday, March 21, 2001

Klauber                Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Neal, J.M.             Owens
Parks                  Phillips               Rhoad
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--100

Those who voted in the negative are:

Haskins                Hayes                  Hinson
Merrill                Moody-Lawrence         Neal, J.H.
Perry                  Robinson

Total--8

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

STATEMENT FOR THE JOURNAL

I voted against H. 3533 because I do not understand all that its proponents claim it does. While I do not intend to offend the sponsor or drafters of H. 3533, it is, in my opinion, inartfully drafted. My objection is based upon the absence of a logical connection between reporting requirements of existing Section 59-101-350(A)(11) and the requirements as amended and contained in the new subsection (12). Current law requires schools to report appropriate information as to their role and mission. To this requirement, the amendment would


Printed Page 1664 . . . . . Wednesday, March 21, 2001

include "policies and procedures to ensure that academic programs support the economic development needs in the State by providing a technologically skilled workforce." There is no nexus between the existing reporting requirement on the role and mission of an institution and the additional requirement that it includes. In other words, reporting on the role and mission is one matter; but reporting on policies and procedures which implement the role and mission is another and independent matter.
Also, I believe one of the main purposes of higher education is to train young people to think, analyze, apply logic and deductive reasoning, etc. The new language of H. 3533 does not reinforce such purpose.
Finally, H. 3533 does not define the terms of economic development needs or technologically skilled workforce. While these are worthy goals, there is nothing in H. 3533 dealing with how these goals are determined, who does so, how such goals are revised, etc.
Rep. Alfred B. Robinson, Jr.

H. 3534--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20306SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 59-101-280 of the 1976 Code as contained in SECTION 1 and inserting:
/   Section 59-101-280.   Acting through guidelines adopted by the Commission on Higher Education, the publicly supported colleges Colleges and universities of this State shall emphasize teaching as a career opportunity and develop programs providing those institutions with teacher education programs should make the preparation of teachers a fundamental part of the institution's mission. These colleges and universities should allocate resources appropriate for support of


Printed Page 1665 . . . . . Wednesday, March 21, 2001

this mission, support of professional development programs for practicing teachers and teacher education faculties to include technology training. Greater attention should be given to attracting diversity in race and ethnicity in faculties and students. Opportunities also should be developed to provide students interested in a teaching career with opportunities to tutor other students. All teacher education programs should strengthen alliances with K-12 education to increase the clinical opportunities for their students and to become more responsive to the needs of practicing teachers. Closer alliances also should be established with the business community and should integrate critical workforce skills into content and methods courses. Teacher education faculties should provide teacher candidates with a variety of effective teaching practices to ensure the state's diverse student population achieve at high levels of learning./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. BALES proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18320SOM01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/   SECTION __.   Section 59-24-10 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-24-10.   (A)   Beginning with the school year 1999-2000, any person prior to permanent appointment as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management capabilities by the Leadership Academy of the South Carolina Department of Education. Districts may appoint such persons on an interim basis until such time as the assessment is completed. A report of this assessment must be forwarded to the district superintendent and board of trustees. The provisions of this section do not apply to any persons currently employed as principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year 1999-2000.

(B)   The Leadership Academy of the State Department of Education shall develop a program where persons who lack specific


Printed Page 1666 . . . . . Wednesday, March 21, 2001

education certification to be a principal but who have at a minimum a baccalaureate degree and at least twenty years of successful administrative experience in the military or in business may apply to school districts to be principals or superintendents. The school districts may employ such persons as principals or superintendents for a period not exceeding two years upon approval of the department and may renew their employment for additional two year periods. The district must provide the department with certification that the vice principal or assistant principal for curriculum or instruction in the schools with a principal who has extensive business experience is fully certified to be a principal. " /
Renumber sections to conform.
Amend title to conform.

Rep. BALES explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the Bill related to teachers and the amendment dealt with certification programs for principals. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. STILLE explained the Bill.

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

H. 3030--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3030 (Word version) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO


Printed Page 1667 . . . . . Wednesday, March 21, 2001

CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\ 22896CM01), which was adopted:
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/ SECTION   ___.   References to the "South Carolina Law Enforcement Hall of Fame", "Hall of Fame", or "Hall", as contained in Chapter 25 of Title 23, Section 1-30-90, and Sections 14-1-206, 14-1-207, and 14-1-208 shall be construed to mean the "South Carolina Law Enforcement Officers Hall of Fame" administered by the Department of Public Safety, and the Code Commissioner is directed to correct all references therein to correctly reflect this name. /
Renumber sections to conform.
Amend title to conform.

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

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

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE


Printed Page 1668 . . . . . Wednesday, March 21, 2001

DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.

Rep. STUART explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.


Printed Page 1669 . . . . . Wednesday, March 21, 2001

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J. H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 365 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3771 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference


Printed Page 1670 . . . . . Wednesday, March 21, 2001

H. 3772 (Word version) -- Reps. J. Brown, Allen, Breeland, M. Hines, Hosey, Littlejohn, Mack, Martin, Rivers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-305 SO AS TO REQUIRE A HEALTH MAINTENANCE ORGANIZATION TO HAVE A MEDICAL DIRECTOR, TO PROVIDE FOR THE RESPONSIBILITIES OF A MEDICAL DIRECTOR, AND TO PROVIDE THAT A MEDICAL DIRECTOR MAY ASSIGN DUTIES BUT RETAINS RESPONSIBILITY FOR THESE DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3773 (Word version) -- Reps. Gilham, Simrill, Battle, Cato, Chellis, Haskins, Leach, Riser, Rodgers, Sinclair, G. M. Smith, Vaughn, Webb and A. Young: A BILL TO AMEND SECTION 40-79-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO REQUIRE AN APPLICANT TO OBTAIN A CERTIFICATE OF COMPLETION OF TRAINING OR COURSE WORK FROM THE NATIONAL TRAINING SCHOOL OR THE NICET; TO AMEND SECTION 40-79-240, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL; AND TO ADD SECTION 40-79-245 SO AS TO REQUIRE CONTINUING EDUCATION COURSES TO BE APPROVED BY THE BOARD.
Referred to Committee on Labor, Commerce and Industry

H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002,


Printed Page 1671 . . . . . Wednesday, March 21, 2001

CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Referred to Committee on Judiciary

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3704 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

H. 3705 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE AND PALMETTO FELLOWS SCHOLARSHIP APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2514, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

S. 102--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:

S. 102 (Word version) -- Senators Hutto, Ford, Reese, Hayes and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER


Printed Page 1672 . . . . . Wednesday, March 21, 2001

TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.

H. 3706--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.


Printed Page 1673 . . . . . Wednesday, March 21, 2001

H. 3227--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3227 (Word version) -- Reps. Altman and Neilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.

Rep. ALTMAN 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.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 11:30 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF EASTER SEALS REPRESENTATIVES

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 451 (Word version) -- Senators Giese, Martin and Alexander: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 21, 2001, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH


Printed Page 1674 . . . . . Wednesday, March 21, 2001

21, 2001, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents, and members of their party entered the Chamber.
The PRESIDENT of the Senate then recognized Senator Giese who addressed the Joint Assembly as follows:
"Thank you, Mr. PRESIDENT, members of the House and Senate and all you honored guests who have come to join in this wonderful celebration today. Several things have happened to make this possible and the very first thing I want to do is introduce the person who fifty years ago came up with the idea of bracing a child and calling this 'Buck-A-Cup'. He is here with us today and we want to pay tribute to him for the magnificent thing that he started that has raised so very much money. Mr. W. C. Hunter, founder of 'Buck-A-Cup,' please stand and be recognized. The efforts that we started some fifty years ago have raised over twelve million dollars in the State of South Carolina to help people with disabilities. Last year they raised over four hundred thirty-five thousand dollars. What a great effort that has been. There have been a number of groups that have helped with this. I would like to thank all my colleagues in the Senate and House who created the Concurrent Resolution that designated today, March 21, 2001, as 'Buck-A-Cup' Day for people with special needs. Easter Seals has again embarked upon its most worthy project to raise funds for people with disabilities and we want to all pay special attention to the people who are going to be presented to us who are benefiting from the Easter Seals movement. It is now my pleasure to call some of the legislators to the podium to introduce the Easter Seals Representatives."

Senator Drummond and Representative CARNELL escorted Joseph Floyd, son of Daisy and Carnell Floyd of Greenwood.

Representative CATO escorted Brian Cooper of Travelers Rest.

Senator Leatherman and Representative LUCAS escorted Meghan Johnson, daughter of Susan and Glen Johnson of Darlington.

Senator Ritchie and Representative ALLISON escorted Amy Stather of Spartanburg.


Printed Page 1675 . . . . . Wednesday, March 21, 2001

Senator Alexander and Representative MARTIN escorted Taylor Whitman, daughter of Donald and Lyn Whitman of Townville.

Senator Giese and Representative LOURIE escorted Taylor McEntire, son of Diane McEntire of Blythewood.

Representative MACK escorted Pamela Linder of Hanahan.

Representative CATO escorted Harriett Lowe of Columbia.

Upon the conclusion of the presentation the State Easter Seals Representatives and their escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:01 p.m. the House resumed, the SPEAKER in the Chair.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRELL.

H. 3633--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3633 (Word version) -- Reps. D. C. Smith and J. R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.

Rep. J. R. SMITH explained the Bill.


Printed Page 1676 . . . . . Wednesday, March 21, 2001

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Barfield               Barrett
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, M.              Hinson
Hosey                  Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McGee                  McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Owens                  Parks
Perry                  Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--102


Printed Page 1677 . . . . . Wednesday, March 21, 2001

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3775 (Word version) -- Reps. Bales, Cato, Cobb-Hunter, Coleman, Davenport, Keegan, Kelley, Klauber, Lourie, McCraw, McLeod, Ott, Phillips, Rhoad, Sinclair, F. N. Smith, J. E. Smith, Snow, Taylor, Witherspoon and A. Young: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A STUDENT MAY HAVE GRADUATED FROM HIGH SCHOOL OR PREPARATORY SCHOOL OR COMPLETED A HOME SCHOOL PROGRAM AT ANY TIME RATHER THAN AFTER A SPECIFIED DATE IF HE IS TO ATTEND OR ATTENDS A TECHNICAL COLLEGE.
Referred to Committee on Education and Public Works

H. 3776 (Word version) -- Reps. Rodgers, Simrill, Bingham, Cato, Easterday, Frye, Gilham, Haskins, J. Hines, Hosey, Koon, Leach, Loftis, Robinson and Stuart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE AT WHICH AN UNMARRIED WOMAN CAN LEGALLY CONSENT TO SEXUAL INTERCOURSE, SO AS TO CHANGE THE AGE FROM FOURTEEN YEARS TO SIXTEEN YEARS.
Referred to Committee on Judiciary

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING


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CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY

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EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO

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CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-

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2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATES COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE

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EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.
Referred to Committee on Ways and Means

MOTION ADOPTED

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

Further proceedings were interrupted by the the Ratification of Acts.

RATIFICATION OF ACTS

At 12:10 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R21, S. 207 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY


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DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

(R22, S. 235 (Word version)) -- Senators McConnell and Branton: AN ACT TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEOTAPE A PUBLIC MEETING.

(R23, H. 3124 (Word version)) -- Reps. Emory, Clyburn, Robinson and Whipper: AN ACT TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

(R24, H. 3546 (Word version)) -- Reps. Knotts, Altman, Bingham, Whatley and Wilkins: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2002, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO PROVIDE THAT A PERSON APPOINTED TO THE TASK FORCE BEFORE FEBRUARY 1, 2001, SHALL REMAIN ON THE TASK FORCE.

(R25, H. 3634 (Word version)) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence,


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J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.

ADJOURNMENT

At 12:20 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of William Carl Hyman of Conway, to meet at 10:00 a.m. tomorrow.

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