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


Printed Page 1029 . . . . . Tuesday, February 26, 2002

Tuesday, February 26, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:

Dear Father, the Psalmist says, "Be gracious to me, O God, according to Thy lovingkindness." Father, while we deserve Your judgment we cannot endure it. Forgive us, dear Father, for the times we withhold grace from others and are quick to judge each other. Teach us to be graceful toward one another as we work together this week. Let us be known for our lovingkindness. For we pray in Your name, dear Lord. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of former Representative Paul Gelegotis of Charleston, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3145 (Word version) -- Reps. Lourie, J. E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson and Weeks: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS,


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BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4792 (Word version) -- Reps. Kelley, Cooper, Kirsh, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, 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, Kennedy, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION CELEBRATING THE MANY CONTRIBUTIONS OF ROBERT C. "BOB" TOOMEY TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF HIS WELL-DESERVED RETIREMENT, AND EXTENDING THE BEST WISHES OF THE GENERAL ASSEMBLY TO HIM FOR A HEALTHY AND HAPPY HIATUS FROM PROFESSIONAL PUBLIC SERVICE.


Printed Page 1031 . . . . . Tuesday, February 26, 2002

Whereas, Robert C. "Bob" Toomey caps a long career of public service with his retirement as Director of the South Carolina Retirement Systems; and

Whereas, Bob Toomey is a fixture on the premises of South Carolina State Government, having begun his state service with Staff Research for the House of Representatives while attending the University of South Carolina to earn a Ph.D. in Finance; and

Whereas, he followed up his experience with the research staff to become Director of Research for the Medical, Military, Public and Municipal Affairs Committee and, later, Director of Research for the House Ways and Means Committee; and

Whereas, his four years with his father's consulting firm merely confirmed his deep-seated attachment to public service, as he left there in 1985 to join the staff of the Office of Senate Research; and

Whereas, his professional career then turned to his life-long interest in health and medical issues, as he assumed the position of Executive Deputy Commissioner of the Department of Mental Health; and

Whereas, he served as Director of the Division of Budget Analyses of the State Budget and Control Board before beginning his tenure as Director of the South Carolina Retirement Systems; and

Whereas, no recitation of Bob Toomey's contributions to the better governing of this State should fail to mention an idea that he had in the late summer of 1986, when in a meeting of legislative and executive branch staffers seeking ways to improve the processing of the annual general appropriations bill it came to him like a thunder bolt -- "why not number the Part IB provisos in the bill?" The logic of it was so compelling that, unlike many good ideas, it was promptly acted on, and this simple contribution has raised him to Olympian status in the hearts and minds of those who have labored in the budget process since 1986, and for those who will work on all the budgets to come; and

Whereas, his personal contributions to the people of this State are just as varied and just as substantial; and


Printed Page 1032 . . . . . Tuesday, February 26, 2002

Whereas, he has served as Chairman of the South Carolina Deferred Compensation Commission, Chairman of the Board of the Mental Health Association of South Carolina, and board member of the International Foundation for Retirement Education; and

Whereas, this graduate of the University of North Carolina at Chapel Hill, with an MBA degree from Cornell University, is a faithful alumnus of UNC and fan of the Tarheel basketball team; and

Whereas, that understandable affection is the only aberration in Bob Toomey's long-time and total devotion to the State of South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly celebrate the many contributions of Robert C. "Bob" Toomey to the State of South Carolina on the occasion of his well-deserved retirement and extend their best wishes to him for a healthy and happy hiatus from professional public service.

Be it further resolved that a copy of this resolution be forwarded to Bob Toomey.

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

INTRODUCTION OF BILLS

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

H. 4793 (Word version) -- Rep. Talley: A JOINT RESOLUTION REINSTATING MEDICAID REIMBURSEMENT FOR COUNSELING AND BEHAVIORAL HEALTH SERVICES ELIMINATED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO THE MEDICAID BULLETIN DATED OCTOBER 31, 2001, PUBLISHED BY THE DEPARTMENT.
Referred to Committee on Ways and Means


Printed Page 1033 . . . . . Tuesday, February 26, 2002

H. 4794 (Word version) -- Reps. Howard, J. E. Smith, J. H. Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
On motion of Rep. HOWARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4795 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF VARIOUS SECURITIES REGISTRATIONS, SO AS TO PROVIDE THAT INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND FEDERAL COVERED ADVISERS ARE SUBJECT TO THE SAME REGISTRATION REQUIREMENTS AS BROKER-DEALERS AND BROKER-DEALER AGENTS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO VARIOUS SECURITIES FILING FEES, SO AS TO INCREASE THE FILING FEE FOR INVESTMENT ADVISERS AND FEDERAL COVERED ADVISERS FROM FOUR HUNDRED DOLLARS BIENNIALLY TO THREE HUNDRED DOLLARS ANNUALLY, AND TO INCREASE THE FILING FEE FOR INVESTMENT ADVISER REPRESENTATIVES FROM ONE HUNDRED DOLLARS BIENNIALLY TO ONE HUNDRED DOLLARS ANNUALLY.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 520 (Word version) -- Senator Patterson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
On motion of Rep. SCOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


Printed Page 1034 . . . . . Tuesday, February 26, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 4796 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley, Miller, Witherspoon, Allen, 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, Cotty, Dantzler, Davenport, Delleney, Easterday, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Moody-Lawrence, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT BENEDICT P. (DICK) ROSEN, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, WOULD MAKE AN OUTSTANDING MEMBER OF THE BOARD OF TRUSTEES OF THE YAWKEY FOUNDATION AND TO RECOMMEND HIM TO THE YAWKEY FOUNDATION BOARD OF TRUSTEES AS IT INCREASES THE MEMBERSHIP OF THE BOARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4797 (Word version) -- Reps. J. R. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines,


Printed Page 1035 . . . . . Tuesday, February 26, 2002

M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE JUNE MURFF OF AIKEN FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF AIKEN AND SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT AS PRESIDENT OF THE AIKEN CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4798 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. MARIE DEASON CLEMENT, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1044 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO CELEBRATE THE STORIED HISTORY AND DEVELOPMENT OF LEE COUNTY, SOUTH CAROLINA, AND TO CONGRATULATE


Printed Page 1036 . . . . . Tuesday, February 26, 2002

LEE COUNTY AND ALL ITS CITIZENS ON THE OCCASION OF ITS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 2002.

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

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rice                   Riser
Robinson               Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn

Printed Page 1037 . . . . . Tuesday, February 26, 2002

Walker                 Webb                   Weeks
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 26.

Bill Cotty                        Marty Coates
Lonnie Hosey                      Walton McLeod
William Bowers                    Fletcher Smith
Thomas Rhoad                      Todd Rutherford
Alex Harvin                       Tracy Edge
Joseph Neal
Mickey Whatley   G. Murrell Smith
Ronald Townsend

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. RODGERS a leave of absence for the day due to a doctor's appointment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. TOWNSEND and WHATLEY a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 21.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.

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 presenting any paper shall be endorsed and the papers shall be


Printed Page 1038 . . . . . Tuesday, February 26, 2002

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. 4407 (Word version)
Date:   ADD:
02/26/02   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3056 (Word version)
Date:   ADD:
02/26/02   GILHAM

CO-SPONSOR REMOVED

Bill Number:   H. 4402 (Word version)
Date:   REMOVE:
02/26/02   MEACHAM-RICHARDSON

S. 933--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

Reps. R. BROWN, BREELAND, MACK and WHIPPER objected to the Bill.


Printed Page 1039 . . . . . Tuesday, February 26, 2002

Reps. ALTMAN, CAMPSEN, HARRELL, LIMEHOUSE and SCARBOROUGH requested debate on the Bill.

H. 3481--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Rep. FLEMING moved to adjourn debate on the Bill until Wednesday, March 6.

Rep. OTT moved to table the motion, which was agreed to.

Reps. FLEMING, DAVENPORT, KLAUBER, LOFTIS and ALTMAN requested debate on the Bill.

H. 4405--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN


Printed Page 1040 . . . . . Tuesday, February 26, 2002

INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20951SD02):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   The 1976 Code is amended by adding:

"Section 59-63-70.   During the season for any high school league sport, a student, while a member of a school squad or team engaged in an interscholastic sport, may become a member of or participate in an organized team that is independent of the school's control as long as the participation does not interfere with the scheduled league games or practices of the school squad or team. A school or student shall not be declared ineligible for participation in interscholastic high school league sport because of participation of a student as a member of an organized team independent of the school's control during the interscholastic sport's season. Any student participating on both a school squad or team and an independent squad shall have on file with the school's athletic director a statement signed by the parent or guardian indicating their child or children have permission to participate on both teams and signed by the independent coach acknowledging that the student's participation shall not interfere with the scheduled league games or practices."/
Amend title to read:
/   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT DURING THE SEASON FOR ANY HIGH SCHOOL LEAGUE SPORT, A STUDENT, WHILE A MEMBER OF A SCHOOL SQUAD OR TEAM ENGAGED IN AN INTERSCHOLASTIC SPORT MAY BECOME A MEMBER OF OR PARTICIPATE IN AN ORGANIZED TEAM THAT IS INDEPENDENT OF THE SCHOOL'S CONTROL UNDER CERTAIN CONDITIONS. /
Renumber sections to conform.
Amend totals to conform.

Rep. WALKER explained the amendment.


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SPEAKER PRO TEMPORE IN CHAIR

Rep. WALKER continued speaking.

Reps. HAYES, MACK, BREELAND, BATTLE, WALKER, EASTERDAY, HAMILTON, JENNINGS, D. C. SMITH, HINSON, MERRILL and LOFTIS requested debate on the Bill.

H. 4013--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO


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RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11143AC02), which was adopted:
Amend the bill, as and if amended, by deleting Sections 1, 2, and 3 of the bill in their entirety.
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 4014--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION


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41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11145AC02), which was adopted:
Amend the bill, as and if amended, Section 41-29-120(A) page 2, line 12 after /results of/ by inserting /statistical surveys,/ and by deleting Section 41-29-120(B) page 2, beginning on line 13 and inserting:
/(B)   The commission may require from an employing unit for the commission's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the following reports:

(1)   The United States Bureau of Labor Statistics report to assign industry codes to South Carolina employers under the ES-202 Covered Employment and Wages Program;

(2)   The United States Bureau of Labor Statistics report to collect employment information on multiple worksites for South Carolina employers under the ES-202 Covered Employment and Wages Program;

(3)   The United States Bureau of Labor Statistics report to collect monthly employment, hours, and earnings from South Carolina employers under the BLS-790 Current Employment Statistics Program;

(4)   The United States Bureau of Labor Statistics report to collect employment information from federal employers under the ES-202 Covered Employment and Wages Program;

(5)   The United States Bureau of Labor Statistics report to collect occupational employment and wage information from South Carolina employers under the Occupational Employment Statistics Program./ so when amended Section 41-29-120 reads:
/   "Section 41-29-120.   (A)   The commission, with the advice and aid of its advisory councils and through its appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment, to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance, to investigate, recommend, advise and assist in the establishment and operation, by


Printed Page 1044 . . . . . Tuesday, February 26, 2002

municipalities, counties, school districts and the State, of reserves for public works to be used in times of business depression and unemployment and to promote the reemployment of unemployed workers throughout the State in every other way that may be feasible and to these ends shall carry on and publish the results of statistical surveys, investigations and research studies.
(B)   The commission may require from an employing unit for the commission's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the following reports:

(1)   The United States Bureau of Labor Statistics report to assign industry codes to South Carolina employers under the ES-202 Covered Employment and Wages Program;

(2)   The United States Bureau of Labor Statistics report to collect employment information on multiple worksites for South Carolina employers under the ES-202 Covered Employment and Wages Program;

(3)   The United States Bureau of Labor Statistics report to collect monthly employment, hours and earnings from South Carolina employers under the BLS-790 Current Employment Statistics Program;

(4)   The United States Bureau of Labor Statistics report to collect employment information from federal employers under the ES-202 Covered Employment and Wages Program;

(5)   The United States Bureau of Labor Statistics report to collect occupational employment and wage information from South Carolina employers under the Occupational Employment Statistics Program."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

SPEAKER IN CHAIR


Printed Page 1045 . . . . . Tuesday, February 26, 2002

H. 4633--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4633 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90,


Printed Page 1046 . . . . . Tuesday, February 26, 2002

TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18245ZCW02), which was adopted:
Amend the bill, as and if amended, in Section 38-90-175 as contained in SECTION 1, page 2, lines 22 and 23, by striking / premiums taxed under Section 38-90-140(H) / and inserting:
/ taxes collected by the department pursuant to Chapter 90 of Title 38 /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. TRIPP explained the Bill.

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

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:30 p.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.

ADDRESS BY THE NATIONAL COMMANDER OF THE AMERICAN LEGION

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

S. 896 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RICHARD J. SANTOS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 26, 2002.


Printed Page 1047 . . . . . Tuesday, February 26, 2002

The Honorable Richard J. Santos and distinguished party were escorted to the rostrum by Senators Drummond, Courson, Matthews, Hayes and Kuhn and Representatives BALES, KNOTTS, DANTZLER, LLOYD and LITTLEJOHN.

The Lt. Governor recognized our special guests and then introduced Mr. Richard J. Santos, the National Commander of the American Legion, who addressed the Joint Assembly as follows:

"Lt. Governor Peeler, Senate Pro Tempore McConnell, House Speaker Wilkins, Members of the South Carolina Senate and House and distinguished guests. What sets military men and women apart from others? Why do men and women forego further educational opportunities, improved vocational prospects and formation of their families to don a uniform of military service to the United States of America and their fellow citizens? I submit to you that it is their dedication and service to the United States of America while in uniform and during the times of peace and concern for their fellow citizens. They represent a crosscut of the communities throughout America, especially South Carolina. Why does the South Carolina American Legion continue to flourish and grow when so many organizations are struggling for members? Frankly, I don't have the answer, but I do have an idea. In a speech to the soldiers of the National Army in 1917, Woodrow Wilson submitted one of the best descriptions of military men and women and I quote, 'Let it be your pride therefore, to show all men everywhere not only what good solders you are, but what good men you are. Let us set for ourselves a standard so high that it would be a glory to live up to it and add a new laurel to the crown of America.' It appears that some World War I veterans took heed to these words and created the American Legion following the close of the war to end all wars. The words of President Wilson are the spirit of the American Legion, the nations largest wartime veterans' organization and that of the legionnaires who call South Carolina their home. The American Legion is an organization founded in the days after World War I and nurtured and grown from the cliffs of Normandy to the mountains of Afghanistan on countless battlefields around the globe. The American Legion worldwide consists of 2.8 million men and women, dedicated and committed military veterans that I am honored to represent today. Every veteran that becomes a legionnaire continues to set high standards because they love their nation and the freedom and prosperity that it provides to all.


Printed Page 1048 . . . . . Tuesday, February 26, 2002

One year ago, my predecessor, Ray G. Smith of North Carolina, then the National Commander of the American Legion, had the honor to stand before this distinguished group to represent the American Legion. It is my pleasure today to continue that privilege. As we recall the events since Commander Smith's presentation to you, I believe it is safe to say that it has been a life changing time for all of us. Just a year ago our nation seemed at peace, the economy was slumping, but no one was rushing to sell every share of company stock that they had invested or involuntarily lost that investment. Just a year ago a great gentleman proudly watched and listened as his national commander spoke. Mr. E. Roy Stone of Greenville is physically no longer with us, but he remains in spirit. I am certain that he is in heaven watching down on each of you as you do the peoples' work for South Carolina, the State he loved so dearly. Mr. Stone was an inspiration for countless veterans and legionnaires who served at every level of our organization. He learned the life of a true legionnaire from those very veterans of World War I. He took a bold step to create an organization for veterans, their families and the children of our nation. Mr. Stone learned and shared his lessons well and today he would be called a mentor. He mentored me as I became more and more active in the American Legion. He taught me about the history of our great organization and he taught me a little history about South Carolina. He knew that our grateful nation should take care of its veterans. It was Mr. E. Roy Stone who inspired me to do more that just to know about this need. I ask that you could pause to remember a patriot, a passionate veterans' advocate and a true Southern gentleman, Mr. E. Roy Stone. The American Legion is alive and well and growing in the Palmetto State. Membership in the American Legion in South Carolina is higher than a year ago with 26,209 members and growing. It marks the sixth consecutive year of membership growth in the State. Certainly that is not the telltale sign of an organization destined for the 'has beens' of history. It is no secret why the American Legion of South Carolina is growing. It is because South Carolina veterans understand what it is like to serve in a military uniform. They understand about family separation, they understand about over deployments, lack of training funds and the old do more with less system and attitude. Because they understand, their reputation as a strong veterans' advocate is second to none. Couple that reputation with great works of the members of the American Legion Auxillary and the Sons of the American Legion, you have a family organization of men and women who take community service to its highest level. Let there be no mistake that I am extremely proud of the American

Printed Page 1049 . . . . . Tuesday, February 26, 2002

Legion family here in South Carolina. They are active, they are making a difference and they are adding to their membership ranks. South Carolina is home to almost 414,000 veterans. That is roughly ten percent of your population. Today, just six percent of that 414,000 belong to the American Legion. It is obvious that our growth potential in South Carolina is simply unlimited. Commander Whittle and his officers are working for sustained growth, so they continue to serve all veterans of the State. Another fact that gives me great confidence in the American Legion's growth in South Carolina, nearly 19 percent of the veterans in South Carolina are under the age of 40. Those figures represent a significant group of young men and women with leadership skills necessary to meet your State's and the nation's needs for generations to come. Just as the American Legion in South Carolina is doing a good job, the same holds true for the executive branch in the bodies of the state legislature. In 2001 a state veterans cemetery near Anderson was approved for preliminary studies, planning and design. Additionally, a U.S. Department of Veterans' Affairs studies show that over the next twenty years, South Carolina will have the smallest percentage of decline in the veterans' population age 65 and over. You will have one of the largest increases in veterans age 80 and over. On a larger scale, the workload of the National Cemetery Administration will continue to grow for the next 15 to 20 years. Those of us in the American Legion fully support further development of the state cemetery program to assist in providing needed hallowed ground in South Carolina. Let me make a plea to this body on behalf of all veterans in South Carolina. The Veteran's Nursing Home in Walterboro needs your action. The seven million dollars in state funding and the 17.8 million dollars from the U.S. Department of Veteran's Affairs means you lack 3 million dollars. Three million dollars will fully fund a much needed 280 bed facility. If you do not approve the additional funding in this legislative session, South Carolina will lose a minimum of 60 beds and forfeit approximately 4.8 million dollars in federal funding. That 4.8 million dollars would be diverted to another state and the veterans of South Carolina would be the losers. The site location in Walterboro has been made and the federal money is available. The next step is up to you all. I ask that the executive branch and the members of the Senate and the House, on both sides of the aisle come together for a common good for South Carolina veterans and their families. Your actions will make a significant difference in the lives of all veterans in South Carolina. Caring for veterans in South Carolina has always been a priority. The

Printed Page 1050 . . . . . Tuesday, February 26, 2002

American Legion shares that concern and asks that you continue to provide the care so richly deserved by the veterans of this State. Whatever the difficulty, it is time for you to step forward and clear the way. Your veterans deserve your attention and they deserve only the very best. In an uncertain world there is one thing certain about people in South Carolina and their elected officials here in Columbia and in Washington, that they are all proud Americans who understand values. South Carolina was the first state to pass a memorializing resolution supporting an amendment to the U. S. Constitution to restore to Congress the right to protect the American flag from acts of desecration. I am aware that you are ready to act once again when the U. S. Senate decides to listen to the will of the people of South Carolina and the nation by voting yes on Senate Joint Resolution 7 and sending a proposed constitutional amendment to the states for ratification. It is my belief that once the proposal finally gets to the states it will become the quickest amendment ever ratified and rightfully so. Over the years as I have studied the history of the American Legion, and as I have learned from notable figures such as E. Roy Stone, the foresight and judgment of the World War I veterans are amazing. Think of the obstacles they had to overcome in organizing the American Legion in 1919. No television, no radio, no CNN, no airplane travel, no internet and they got over 1 million members in under a year. How could those men and women be so convincing that the American Legion came from an idea to a reality in just a couple of months. Because of their vision and zeal, the American Legion has provided a legacy to the nation without equal. We came into existence for the veterans, their widows and their orphans. We grew to continue to care for veterans while taking care of their families and children. More often than not we see needs and set out to meet them long before people even comprehend them. In the February edition of the American Demographics, there is an article about the attitudes towards the military. Listen to some of the conclusions that the article draws from a recent Gallup poll. The military is enjoying the highest level of confidence among the American public since the early Vietnam War era. Americans are willing to make sacrifices for military success and satisfaction with the military tends to run highest during the early stages of conflicts. What do the men and women of the American Legion draw from such an article? Nothing. These are issues that are top priority to them. The American Legion is not an organization that comes to the national fence in national veterans' issues debate as a rookie player. For more than 83 years the members of the organization

Printed Page 1051 . . . . . Tuesday, February 26, 2002

have continued a drumbeat on defense and veterans issues that remains constant. America's military must be well manned and equipped not to pursue war, but to preserve the hard earned peace. And during peace, America and South Carolina must tend to the care of those who have borne the battle. We, in the American Legion, continue to serve our nation, its veterans, their families and the children of our nation. Not because of recent world events, but instead, it is what we have always done and it is the right thing to do. The men and women of the American Legion of South Carolina and across this land hold a spirit that remains steadfast. Let us appreciate the sacrifices of the sons and daughters, grandsons and granddaughters and nieces and nephews of South Carolina. Sacrifices made each day as they proudly wore the uniform of a branch of the armed services. As we have done for 83 years, we will continue to appreciate, acknowledge and recognize those sacrifices. Again we do it because it is the right thing to do. I ask you to do the right thing. Do the right thing by taking care of the men and women of South Carolina, those veterans of our wars. The men and women who did bear the weight of battle and who did forego further educational opportunities, improved vocational prospects and formation of their families in order to don a uniform for the military service to the United States and to their fellow citizens in South Carolina. I know that you will do the right thing. Thank you for this opportunity to address this distinguished body of legislators. God Bless, as you continue your work in your daily deliberations and always in the best interest of your veterans of this State. Thank you for this opportunity to present ourselves and our comments. God Bless You.

Upon conclusion of his address, the National Commander and his 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 12:55 p.m. the House resumed, the SPEAKER in the Chair.


Printed Page 1052 . . . . . Tuesday, February 26, 2002

H. 4416--POINT OF ORDER

The following Bill was taken up:

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young, Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Battle, Miller, Delleney, Harvin, Barrett, Emory and Knotts: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING


Printed Page 1053 . . . . . Tuesday, February 26, 2002

WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE

Printed Page 1054 . . . . . Tuesday, February 26, 2002

INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO

Printed Page 1055 . . . . . Tuesday, February 26, 2002

PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF

Printed Page 1056 . . . . . Tuesday, February 26, 2002

REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was 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.

H. 4402--POINT OF ORDER

The following Bill was taken up:

H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.

POINT OF ORDER

Rep. RUTHERFORD made the Point of Order that the Bill was 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.


Printed Page 1057 . . . . . Tuesday, February 26, 2002

H. 3957--POINT OF ORDER

The following Bill was taken up:

H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.

POINT OF ORDER

Rep. RUTHERFORD made the Point of Order that the Bill was 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.

H. 4571--POINT OF ORDER

The following Bill was taken up:

H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.

POINT OF ORDER

Rep. RUTHERFORD made the Point of Order that the Bill was 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.


Printed Page 1058 . . . . . Tuesday, February 26, 2002

H. 3403--DEBATE ADJOURNED

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

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.

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Wednesday, February 27, which was agreed to.

H. 3510--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING


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PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.

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.

S. 134--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

Rep. HARRISON explained the Senate Amendments.


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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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3009 (Word version) -- Reps. Campsen, Sandifer, McGee, Davenport, Altman, Wilder, Meacham-Richardson, Stille, J. Young, Simrill, Walker, Cotty, Wilkins, Harrison, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4799 (Word version) -- Rep. Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF LOVING MOTHER, TEACHER, AND COMFORTER, MRS. ESSIE VERMELL GIBSON BENBOW OF SUMTER ON FEBRUARY 15, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 4800 (Word version) -- Reps. Taylor, Wilder, Carnell, J. Brown, Klauber and Parks: A CONCURRENT RESOLUTION TO CELEBRATE THE REMARKABLE LIFE OF MRS. MILDRED HENDERSON LINDSAY OF LAURENS ON THE JOYOUS OCCASION OF HER EIGHTIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

INTRODUCTION OF BILLS

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

H. 4801 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-461 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY ALLOW ANOTHER PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED TO OPERATE A MOTOR VEHICLE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary

H. 4802 (Word version) -- Reps. Sandifer and Barrett: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Referred to Committee on Ways and Means

H. 4803 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 41, TITLE 33, AND BY ADDING SECTION 33-42-2050 TO CHAPTER 42, TITLE 33, SO AS TO PROVIDE FOR MERGER INTO A LIMITED LIABILITY COMPANY BY A GENERAL PARTNERSHIP AND A LIMITED PARTNERSHIP,


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RESPECTIVELY; TO AMEND SECTIONS 33-44-902 AND 33-44-903, RELATING TO CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR CONVERSION FROM A BUSINESS CORPORATION TO A LIMITED LIABILITY COMPANY AND TO PROVIDE FOR A FILING OF AFFIDAVIT OF NAME CHANGE PROCEDURE; BY ADDING SECTION 33-11-110 SO AS TO PROVIDE FOR MERGER OF A BUSINESS CORPORATION INTO A LIMITED LIABILITY COMPANY; TO AMEND SECTIONS 33-11-101, AS AMENDED, AND 33-31-1101, RELATING TO MERGER INTO ANOTHER ENTITY BY A BUSINESS CORPORATION AND A NONPROFIT CORPORATION, RESPECTIVELY, SO AS TO PROVIDE FOR MERGER INTO A LIMITED LIABILITY COMPANY BY A BUSINESS CORPORATION AND A NONPROFIT CORPORATION; TO AMEND SECTION 33-44-501, RELATING TO THE DISTRIBUTIONAL INTEREST OF A MEMBER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR FIRST REFUSAL RIGHTS IN THE LIMITED LIABILITY COMPANY FOR THE TRANSFER OF A DISTRIBUTIONAL INTEREST BY A LIVING MEMBER; BY ADDING SECTION 33-44-505 SO AS TO PROVIDE FOR FIRST REFUSAL RIGHTS IN THE LIMITED LIABILITY COMPANY FOR THE TRANSFER OF THE ESTATE OF A DECEASED MEMBER; TO AMEND SECTION 33-44-101, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM LIMITED LIABILITY COMPANY ACT, SO AS TO DEFINE A "PERPETUAL COMPANY"; TO AMEND SECTIONS 33-44-203 AND 33-44-208, RELATING TO ORGANIZATION OF A LIMITED LIABILITY COMPANY, BOTH SO AS TO PROVIDE FOR A COMPANY WITH PERPETUAL EXISTENCE; TO AMEND SECTIONS 33-44-603, AS AMENDED, AND 33-44-801, AS AMENDED, RELATING TO RIGHTS OF A DISSOCIATED MEMBER TO DISTRIBUTION IN A LIMITED LIABILITY COMPANY, BOTH SO AS TO PROVIDE FOR WINDING UP OF THE BUSINESS AND EFFECT OF DISSOCIATION ON A MEMBER OF A PERPETUAL LIMITED LIABILITY COMPANY; TO AMEND SECTION 33-44-301, RELATING TO AGENCY OF A MEMBER AND OF A MANAGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT A DESIGNEE OF EITHER MAY SIGN AND DELIVER FOR THE MEMBER OR MANAGER ANY INSTRUMENT IN THE ORDINARY COURSE

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OF THE COMPANY'S BUSINESS; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE APPOINTMENT OF COMMITTEES TO EXERCISE CERTAIN POWERS; AND BY ADDING ARTICLE 13 TO CHAPTER 44, TITLE 33, SO AS TO PROVIDE FOR A LIMITED LIABILITY COMPANY THAT RENDERS A PROFESSIONAL SERVICE.
Referred to Committee on Judiciary

H. 4804 (Word version) -- Reps. Harvin and J. Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.
On motion of Rep. HARVIN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


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Rep. KLAUBER moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4706 (Word version) -- Reps. McGee, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, 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, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 14, 2002.

H. 4798 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. MARIE DEASON CLEMENT, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.


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H. 4792 (Word version) -- Reps. Kelley, Cooper, Kirsh, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, 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, Kennedy, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION CELEBRATING THE MANY CONTRIBUTIONS OF ROBERT C. "BOB" TOOMEY TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF HIS WELL-DESERVED RETIREMENT, AND EXTENDING THE BEST WISHES OF THE GENERAL ASSEMBLY TO HIM FOR A HEALTHY AND HAPPY HIATUS FROM PROFESSIONAL PUBLIC SERVICE.

H. 4796 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley, Miller, Witherspoon, Allen, 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, Cotty, Dantzler, Davenport, Delleney, Easterday, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Moody-Lawrence, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb,


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Weeks, Whatley, Whipper, White, Wilder, Wilkins, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT BENEDICT P. (DICK) ROSEN, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, WOULD MAKE AN OUTSTANDING MEMBER OF THE BOARD OF TRUSTEES OF THE YAWKEY FOUNDATION AND TO RECOMMEND HIM TO THE YAWKEY FOUNDATION BOARD OF TRUSTEES AS IT INCREASES THE MEMBERSHIP OF THE BOARD.

H. 4797 (Word version) -- Reps. J. R. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, 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, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE JUNE MURFF OF AIKEN FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF AIKEN AND SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT AS PRESIDENT OF THE AIKEN CHAMBER OF COMMERCE.

H. 4799 (Word version) -- Rep. Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF LOVING MOTHER, TEACHER, AND COMFORTER, MRS. ESSIE VERMELL GIBSON BENBOW OF SUMTER ON FEBRUARY 15,


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2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4800 (Word version) -- Reps. Taylor, Wilder, Carnell, J. Brown, Klauber and Parks: A CONCURRENT RESOLUTION TO CELEBRATE THE REMARKABLE LIFE OF MRS. MILDRED HENDERSON LINDSAY OF LAURENS ON THE JOYOUS OCCASION OF HER EIGHTIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of former Representative Paul Gelegotis of Charleston, to meet at 10:00 a.m. tomorrow.

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