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


Printed Page 1924 . . . . . Thursday, March 21, 2002

Thursday, March 21 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:

O God, our help in ages past, our hope for years to come, when it comes to what You want from humankind, there are no surprises. You want us and a certain way of living. You have showed us what is good and what You require: to do justice, love mercy, and to walk humbly with God. Help us to walk with You this day and please You in all we do or say to fulfill Your intention for all creation. 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. EMORY moved that when the House adjourns, it adjourn in memory of Reverend Billy Deason of Lancaster, which was agreed to.

REPORT OF STANDING COMMITTEE

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

H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS WHERE IT INTERSECTS WITH UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER MR. LARRY DOBY".


Printed Page 1925 . . . . . Thursday, March 21, 2002

H. 4321--AMENDED, ADOPTED AND SENT TO THE SENATE

On motion of Rep. SHEHEEN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY".

Whereas, on July 5, 1947, Mr. Larry Doby debuted with the Cleveland Indians, an event which also served as the integration of Major League Baseball's American League; and

Whereas, Mr. Doby is a "native son" of South Carolina, having been born in Camden on December 13, 1924, and having resided in Camden until his teen years; and

Whereas, he was also among the first African-Americans to appear in a Major League Baseball All-Star Game and appeared on six consecutive All-Star teams; and

Whereas, Larry Doby hit more than two hundred-fifty home runs and drove in almost one thousand runs in a productive thirteen-year career; and

Whereas, the Cleveland Indians have retired Mr. Doby's uniform number 14, and he is a member of Major League Baseball's Hall of Fame; and

Whereas, it is fitting and proper to honor this native of South Carolina by erecting appropriate signs outside the Camden city limits that proclaim it as the home of a legendary baseball hero. Now, therefore,


Printed Page 1926 . . . . . Thursday, March 21, 2002

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

That the members of the General Assembly request that the Department of Transportation erect signs outside the Camden city limits on United States Highway 521 South and North, and United States Highway 1 East and West, that contain the words:

"Camden
Home of Baseball
Hall-of-Famer
Larry Doby"

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Rep. SHEHEEN proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21063SD02), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the title and inserting:
/Whereas, on July 5, 1947, Larry Doby debuted with the Cleveland Indians, an event which also served as the integration of Major League Baseball's American League; and
Whereas, Mr. Doby is a "native son" of South Carolina, having been born in Camden on December 13, 1924, and having resided in Camden until his teen years; and
Whereas, he was also among the first African-Americans to appear in a Major League Baseball All-Star Game and appeared on six consecutive All-Star teams; and
Whereas, Larry Doby hit more than two hundred-fifty home runs and drove in almost one thousand runs in a productive thirteen-year career; and
Whereas, the Cleveland Indians have retired Mr. Doby's uniform number 14, and he is a member of Major League Baseball's Hall of Fame; and
Whereas, it is fitting and proper to honor this native of South Carolina by erecting appropriate signs outside the Camden city limits that proclaim it as the home of a legendary baseball hero. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:


Printed Page 1927 . . . . . Thursday, March 21, 2002

That the members of the General Assembly request that the Department of Transportation erect signs outside the Camden city limits on United States Highway 521 South and North, and United States Highway 1 East and West, that contain the words:

"Camden
Home of Baseball
Hall-of-Famer
Larry Doby"

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation. /
Amend further, as and if amended, by striking the title and inserting:
/TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY" /.
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

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

S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A.J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE


Printed Page 1928 . . . . . Thursday, March 21, 2002

TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.

S. 975--ADOPTED AND SENT TO THE SENATE

On motion of Rep. RODGERS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A.J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.

The Concurrent Resolution was adopted and sent to the Senate.

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE,


Printed Page 1929 . . . . . Thursday, March 21, 2002

AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
Ordered for consideration tomorrow.


Printed Page 1930 . . . . . Thursday, March 21, 2002

HOUSE RESOLUTION

The following was introduced:

H. 4948 (Word version) -- Reps. Harvin, J. Young and Campsen: A HOUSE RESOLUTION TO COMMEND CHARLES W. "WOODY" HAYNES FOR HIS MANY YEARS OF SERVICE TO THE PALMETTO STATE THROUGH HIS WORK WITH THE SOUTH CAROLINA FORESTRY COMMISSION AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4949 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO COMMEND GLAXOSMITHKLINE, NOVARTIS, PFIZER, AND ELI LILLY PHARMACEUTICAL COMPANIES FOR STEPPING FORWARD WITH THEIR PLANS TO REDUCE PRESCRIPTION COSTS FOR SOUTH CAROLINA'S ELDERLY CITIZENS, AND TO URGE STATE POLICY MAKERS TO CONTINUE TO HELP FOSTER THESE COOPERATIVE EFFORTS OF STATE GOVERNMENT AND LOCAL AND NATIONAL COMPANIES ALL WITH THE GOAL OF ENHANCING THE HEALTH CARE OPTIONS AND OPPORTUNITIES FOR ALL OF OUR STATE'S CITIZENS.

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

CONCURRENT RESOLUTION

On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:

H. 4950 (Word version) -- Reps. Miller, 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 1931 . . . . . Thursday, March 21, 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, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, 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 PROCLAIM THE WEEK OF MARCH 25-30, 2002, AS "SOUTH CAROLINA MARINE AND WILDERNESS INSTITUTE WEEK" AND TO URGE COMMUNITY SUPPORT AND PARTICIPATION IN THE REDUCTION AND PREVENTION OF JUVENILE CRIME.

Whereas, the members of the General Assembly of the State of South Carolina support the reduction and prevention of youth crime and declare that March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week"; and

Whereas, the South Carolina Marine and Wilderness Institute's vision is to provide exceptional service for at-risk and delinquent youth and their families through a partnership with the South Carolina Department of Juvenile Justice; and

Whereas, providing a balanced approach to meeting public safety needs and reducing crime produces a safer South Carolina, where citizens benefit from the reduced risk of harm; and

Whereas, stopping the younger juveniles from progressing any further into the juvenile justice system requires special emphasis in the areas of prevention and intervention and the support of businesses, local communities and organizations, law enforcement, the legislature, and other state agencies; and

Whereas, the importance of education is a key element of each program, and the students are strongly encouraged to finish high school and continue their education; and


Printed Page 1932 . . . . . Thursday, March 21, 2002

Whereas, the students at each of the Marine and Wilderness facilities perform hundreds of hours of community service, making their communities a better place to live and work and, at the same time, learning a valuable lesson of the importance of giving back to the community; and

Whereas, the South Carolina Marine and Wilderness Institute's balanced approach of discipline, respect, modeling, and responsibility is based on more than thirty years of successful experience with youth; and

Whereas, the General Assembly commends the South Carolina Marine and Wilderness Institute for its challenging work with delinquent youth and declares the week of March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week". Now, therefore,

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

That the members of the General Assembly of the State of South Carolina proclaim the week of March 25-30, 2002, as "South Carolina Marine and Wilderness Institute Week" and urge community support and participation in the reduction and prevention of juvenile crime.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Marine and Wilderness Institute.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4951 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE


Printed Page 1933 . . . . . Thursday, March 21, 2002

HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4952 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND WILLIAM P. BASKIN III OF BISHOPVILLE, SOUTH CAROLINA, FOR ALL HE HAS DONE TO IMPROVE THE LIVES OF HIS FELLOW SOUTH CAROLINIANS AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS CHIEF OF THE BISHOPVILLE RESCUE SQUAD.

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
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee

Printed Page 1934 . . . . . Thursday, March 21, 2002

Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
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 Thursday, March 21.

Lonnie Hosey                      H.B. "Chip" Limehouse
Walton McLeod                     Becky Martin
Marty Coates                      Doug Smith
Bessie Moody-Lawrence             Richard Quinn
Alex Harvin

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.

DOCTOR OF THE DAY

Announcement was made that Dr. Clarence E. Coker, Jr. of Manning is the Doctor of the Day for the General Assembly.


Printed Page 1935 . . . . . Thursday, March 21, 2002

SPECIAL PRESENTATION

Rep. HAYES presented to the House Mrs. Florinette Ford Renfrow of Lake View, the 2002 South Carolina Mother of the Year.

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 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. 4670 (Word version)
Date:   ADD:
03/21/02   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 4899 (Word version)
Date:   ADD:
03/21/02   JENNINGS

CO-SPONSOR REMOVED

Bill Number:   H. 4737 (Word version)
Date:   REMOVE:
03/21/02   BATTLE


Printed Page 1936 . . . . . Thursday, March 21, 2002

ORDERED ENROLLED FOR RATIFICATION

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

S. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.

SENT TO THE SENATE

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

H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Klauber, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Thompson, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.

H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH


Printed Page 1937 . . . . . Thursday, March 21, 2002

CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.

H. 4644--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. CARNELL, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

MOTION PERIOD

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

H. 4421--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT


Printed Page 1938 . . . . . Thursday, March 21, 2002

BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

Reps. TOWNSEND, OTT, WALKER and WEEKS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\ 22430DJC02), which was adopted:
Amend the bill, as and if amended, Section 59-18-1580(C), SECTION 1, page 2, line 33, by striking subsection (C) in its entirety and inserting:
/ (C)   The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board. /
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 84; Nays 9


Printed Page 1939 . . . . . Thursday, March 21, 2002

Those who voted in the affirmative are:
Allen                  Allison                Bales
Barfield               Barrett                Bingham
Bowers                 Carnell                Cato
Chellis                Clyburn                Cotty
Dantzler               Easterday              Edge
Freeman                Frye                   Gilham
Hamilton               Harrell                Haskins
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Martin                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Neilson
Ott                    Parks                  Perry
Quinn                  Rice                   Riser
Rodgers                Rutherford             Sandifer
Scott                  Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--84

Those who voted in the negative are:

Altman                 Coates                 Cooper
Davenport              Fleming                Loftis
Owens                  Scarborough            Thompson

Total--9

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


Printed Page 1940 . . . . . Thursday, March 21, 2002

H. 4421--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4421 (Word version) be read the third time tomorrow.

S. 322--DEBATE ADJOURNED

The following Bill was taken up:

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

Rep. ALTMAN moved to adjourn debate on the Bill until Tuesday, April 2.

Rep. EASTERDAY moved to table the motion.

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

Yeas 47; Nays 51


Printed Page 1941 . . . . . Thursday, March 21, 2002

Those who voted in the affirmative are:
Allison                Barrett                Bingham
Cato                   Chellis                Cooper
Cotty                  Davenport              Delleney
Easterday              Emory                  Hamilton
Harrison               Hayes                  Huggins
Keegan                 Klauber                Koon
Leach                  Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  McLeod                 Miller
Neilson                Quinn                  Rice
Riser                  Sinclair               Smith, J.E.
Smith, W.D.            Stuart                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Webb
Whatley                Whipper                White
Wilkins                Witherspoon

Total--47

Those who voted in the negative are:

Altman                 Bales                  Barfield
Battle                 Bowers                 Breeland
Brown, G.              Brown, R.              Campsen
Carnell                Clyburn                Dantzler
Edge                   Fleming                Freeman
Frye                   Gilham                 Gourdine
Harrell                Haskins                Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Kirsh
Law                    Limehouse              Lloyd
Meacham-Richardson     Merrill                Moody-Lawrence
Neal, J.H.             Neal, J.M.             Owens
Perry                  Phillips               Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.C.            Smith, G.M.
Smith, J.R.            Snow                   Weeks

Total--51


Printed Page 1942 . . . . . Thursday, March 21, 2002

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, April 2, which was agreed to by a division vote of 39 to 28.

H. 4501--AMENDED AND REJECTED

The following Joint Resolution was taken up:

H. 4501 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18280ZCW02), which was rejected:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:

"Section 8.   It shall be unlawful for a Any person holding an office of honor, trust or profit who is convicted of any offense of this State related to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death."/
/ SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article XVII of the Constitution of this State relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to provide that the prohibition and the resulting disqualification from holding office applies only to a conviction of a gambling offense of the laws of this State?

Yes []
No []


Printed Page 1943 . . . . . Thursday, March 21, 2002

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CAMPSEN continued speaking.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 19 to 28.

Rep. EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\SKB\AMEND\18281ZCW02), which was rejected:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:

"Section 8.   It shall be unlawful for any person holding an office of honor, trust or profit the governor, constitutional officers, and members of the General Assembly to engage in gambling or betting on games of chance;, including participation in lotteries conducted by the State of South Carolina, and any such officer person, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death." /
/ SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article XVII of the Constitution of this State relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to limit this prohibition to the governor, constitutional officers, and members of the General


Printed Page 1944 . . . . . Thursday, March 21, 2002

Assembly and to include within the prohibited activities participation in lotteries conducted by the State of South Carolina?

Yes []
No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 52; Nays 52

Those who voted in the affirmative are:

Allen                  Altman                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Harrison               Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Knotts                 Koon                   Law
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Ott                    Parks
Perry                  Rivers                 Rutherford
Scott                  Sharpe                 Smith, F.N.
Smith, J.E.            Snow                   Stuart
Weeks                  Whatley                Whipper
Wilder

Total--52


Printed Page 1945 . . . . . Thursday, March 21, 2002

Those who voted in the negative are:
Allison                Barfield               Barrett
Bingham                Campsen                Cato
Cooper                 Davenport              Delleney
Easterday              Edge                   Haskins
Hayes                  Huggins                Keegan
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Phillips
Quinn                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--52

So, the House refused to table the amendment.

Rep. HARRISON spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. EASTERDAY continued speaking.
Rep. SNOW spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. HARRISON spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 53; Nays 54


Printed Page 1946 . . . . . Thursday, March 21, 2002

Those who voted in the affirmative are:
Allison                Barfield               Barrett
Bingham                Campsen                Cato
Cooper                 Davenport              Delleney
Easterday              Edge                   Gilham
Hamilton               Haskins                Hinson
Huggins                Keegan                 Kirsh
Klauber                Law                    Leach
Littlejohn             Loftis                 Martin
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Quinn
Rice                   Sandifer               Scarborough
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Thompson               Tripp                  Trotter
Vaughn                 Webb                   White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--53

Those who voted in the negative are:

Allen                  Altman                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Carnell                Chellis                Clyburn
Cobb-Hunter            Coleman                Cotty
Emory                  Fleming                Freeman
Frye                   Govan                  Harrison
Hines, J.              Hines, M.              Hosey
Jennings               Knotts                 Koon
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Phillips               Rivers
Rodgers                Rutherford             Scott
Sharpe                 Smith, F.N.            Smith, J.E.

Printed Page 1947 . . . . . Thursday, March 21, 2002

Snow                   Stuart                 Townsend
Weeks                  Whatley                Whipper

Total--54

So, the amendment was rejected.

AMENDMENT NO. 1--RECONSIDERED AND ADOPTED

Rep. FLEMING moved to reconsider the vote whereby Amendment No. 1 was rejected.

Rep. ALTMAN moved to table the motion to reconsider.

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

Yeas 53; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Cato
Cooper                 Davenport              Delleney
Easterday              Frye                   Gilham
Hamilton               Haskins                Hinson
Huggins                Keegan                 Kirsh
Klauber                Koon                   Leach
Limehouse              Littlejohn             Loftis
McCraw                 McGee                  Meacham-Richardson
Merrill                Neilson                Owens
Quinn                  Rice                   Riser
Sandifer               Scarborough            Sharpe
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--53


Printed Page 1948 . . . . . Thursday, March 21, 2002

Those who voted in the negative are:
Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Chellis                Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Edge                   Emory
Fleming                Freeman                Govan
Harrison               Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Knotts                 Lee                    Lloyd
Lourie                 Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Perry                  Phillips
Rivers                 Rodgers                Rutherford
Scott                  Sheheen                Smith, F.N.
Smith, G.M.            Smith, J.E.            Snow
Stuart                 Townsend               Webb
Weeks                  Whatley                Whipper

Total--57

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 60; Nays 52

Those who voted in the affirmative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Chellis                Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Edge                   Emory
Fleming                Freeman                Gourdine
Govan                  Harrison               Hayes
Hines, J.              Hines, M.              Hosey

Printed Page 1949 . . . . . Thursday, March 21, 2002

Howard                 Jennings               Knotts
Lee                    Lloyd                  Lourie
Mack                   Martin                 McCraw
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Rivers
Rodgers                Rutherford             Scott
Sheheen                Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Snow
Stuart                 Townsend               Weeks
Whatley                Whipper                Young, J.

Total--60

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bingham                Cato
Cooper                 Davenport              Delleney
Easterday              Frye                   Gilham
Hamilton               Haskins                Hinson
Huggins                Keegan                 Kirsh
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Quinn
Rice                   Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--52

So, the motion to reconsider was agreed to.

The question then recurred to the adoption of the amendment.


Printed Page 1950 . . . . . Thursday, March 21, 2002

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

Yeas 56; Nays 52

Those who voted in the affirmative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Chellis                Clyburn
Cotty                  Edge                   Emory
Fleming                Freeman                Govan
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Knotts
Lee                    Limehouse              Lloyd
Lourie                 Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Ott                    Parks
Rivers                 Rodgers                Rutherford
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, J.E.            Smith, J.R.
Snow                   Stuart                 Townsend
Weeks                  Whatley                Whipper
Wilder                 Witherspoon

Total--56

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bingham                Cato
Coleman                Cooper                 Davenport
Delleney               Easterday              Frye
Gilham                 Hamilton               Haskins
Keegan                 Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Merrill
Neal, J.M.             Neilson                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Simrill

Printed Page 1951 . . . . . Thursday, March 21, 2002

Smith, D.C.            Smith, G.M.            Smith, W.D.
Stille                 Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 White                  Wilkins
Young, J.

Total--52

So, the amendment was adopted.

Rep. SCOTT spoke in favor of the Joint Resolution.
Rep. BARRETT spoke against the Joint Resolution.
Rep. RUTHERFORD spoke in favor of the Joint Resolution.
Rep. EASTERDAY spoke against the Joint Resolution.
Rep. HARRISON spoke in favor of the Joint Resolution.
Rep. HOWARD spoke in favor of the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 52; Nays 59

Those who voted in the affirmative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Chellis                Clyburn                Cobb-Hunter
Coleman                Cotty                  Dantzler
Edge                   Freeman                Govan
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Keegan
Law                    Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Ott                    Parks                  Rivers
Rodgers                Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Stuart                 Weeks

Printed Page 1952 . . . . . Thursday, March 21, 2002

Whatley                Whipper                Witherspoon
Young, A.

Total--52

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bingham                Cato
Cooper                 Davenport              Delleney
Easterday              Emory                  Frye
Gilham                 Hamilton               Harrell
Haskins                Huggins                Kirsh
Klauber                Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Neal, J.M.             Neilson                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Webb                   White
Wilder                 Wilkins

Total--59

So, the Joint Resolution was rejected.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 21, 2002
Mr. Speaker and Members of the House:


Printed Page 1953 . . . . . Thursday, March 21, 2002

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 20, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Gregory, Hawkins and Hutto of the Committee of Free Conference on the part of the Senate on S. 182:

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

Very respectfully,
President
Received as information.

H. 3163--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 20, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3163:


Printed Page 1954 . . . . . Thursday, March 21, 2002

H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers, Robinson, Simrill, J. E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

Very respectfully,
President

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

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

H. 3481--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 20, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3481:

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


Printed Page 1955 . . . . . Thursday, March 21, 2002

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.

Very respectfully,
President

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

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

CONCURRENT RESOLUTION

On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4953 (Word version) -- Reps. J. E. 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, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, 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, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

Whereas, child abuse is a pervasive problem throughout the United States as well as in South Carolina; and


Printed Page 1956 . . . . . Thursday, March 21, 2002

Whereas, more than 3,000,000 children in the United States are reported as abused or neglected each year, and in South Carolina 19,084 cases of child abuse and neglect were reported in the year 2000; and

Whereas, one in four girls and one in seven boys will be sexually assaulted by the time they reach their eighteenth birthday; and

Whereas, four children die daily in the United States as a result of maltreatment, and at least twenty South Carolina children died in the year 2000 from abuse or neglect; and

Whereas, child abuse and neglect has an overwhelming negative impact on families and far-reaching effects on all communities in which we live and leaves devastating emotional scars on the children who are victims; and

Whereas, child protection is the responsibility of every citizen, community, and governmental agency; and

Whereas, for the future of our children, our families, and our communities, as well as for the future of our State, this pandemic social problem must be addressed through public awareness and education as well as through programs and services for children and families; and

Whereas, the protection and safety of South Carolina's children must be a major priority of this State. Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, recognize April as Child Abuse Prevention Month.

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


Printed Page 1957 . . . . . Thursday, March 21, 2002

INTRODUCTION OF BILLS

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

H. 4954 (Word version) -- Reps. Townsend, Martin, W. D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J. H. Neal, J. M. Neal, D. C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
Referred to Committee on Education and Public Works

H. 4955 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO


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REPORTS ON THE STATUS OF THE SYSTEM TO BE PROVIDED ANNUALLY TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO PROVIDE THAT THESE REPORTS INSTEAD MUST BE SUBMITTED TO THE GOVERNOR AND TO THE HEALTH AND EDUCATION COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND TO AMEND SECTION 44-7-2610, RELATING TO THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, SO AS TO REQUIRE THE ESTABLISHMENT OF MULTICOUNTY COORDINATION TEAMS AND TO PROVIDE FOR THEIR PURPOSE AND MEMBERSHIP.
Referred to Committee on Ways and Means

H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson and Jennings: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
Referred to Committee on Labor, Commerce and Industry

H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE


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NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.
Referred to Committee on Education and Public Works

H. 4958 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE GOVERNING BODY UNDER VARIOUS FORMS OF COUNTY GOVERNMENT, INCLUDING THE AUTHORITY TO DEVELOP AND IMPLEMENT PERSONNEL SYSTEM POLICIES AND PROCEDURES FOR COUNTY EMPLOYEES, SO AS TO SPECIFY THAT THESE POLICIES AND PROCEDURES DO NOT APPLY TO EMPLOYEES OF ELECTED OFFICIALS, TO PROVIDE THAT EMPLOYMENT AUTHORITY VESTED IN COUNTY GOVERNMENT INCLUDES DISCIPLINARY AUTHORITY, AND TO PROVIDE THAT GRIEVANCE PROCEDURES DO NOT APPLY TO THE DISCHARGE OF AN EMPLOYEE OF AN ELECTED OFFICIAL.
Referred to Committee on Judiciary

H. 4959 (Word version) -- Reps. Harrison, J. E. Smith, Scott, Lourie and Quinn: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KNOTTS objected.
Referred to Committee on Education and Public Works

S. 951 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-325 SO AS TO PROVIDE A SPECIAL MILLAGE LIMITATION IN CERTAIN COUNTIES IMPLEMENTING COUNTYWIDE


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REASSESSMENT IN 2001 AND PROVIDE FOR A MILLAGE REDUCTION WHEN THE LIMIT IS EXCEEDED.
Referred to Committee on Ways and Means

S. 1099 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4960 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON HIGHWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 12:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R213, S. 504 (Word version)) -- Senator Reese: AN ACT TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT


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AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING AND ADMINISTERING THE SPECIAL PLATE.

(R214, S. 597 (Word version)) -- Senators Wilson, Grooms and Branton: AN ACT TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING THE SPECIAL PLATES.

(R215, S. 987 (Word version)) -- Senator Reese: AN ACT TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST


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BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.

(R216, H. 3403 (Word version)) -- Reps. Harrison and Rodgers: AN ACT 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 OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF A FORFEITED VEHICLE; BY ADDING SECTION 56-5-2522 SO AS TO PROVIDE THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE DISPOSAL OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO REVISE THE PROCEDURE FOR DISPOSAL OF THIS PROPERTY; AND TO AMEND SECTION 56-5-5630, RELATING TO THE NOTICE THAT MUST BE PROVIDED BY A LAW ENFORCEMENT AGENCY TO THE OWNER AND LIENHOLDER OF AN ABANDONED MOTOR VEHICLE IN THE AGENCY'S CUSTODY, THE PENALTY IMPOSED UPON A LIENHOLDER FOR ABANDONING A VEHICLE, AND THE PENALTY IMPOSED UPON AN OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND SUBSEQUENTLY ABANDONED, SO AS TO PROVIDE THAT THE NOTICE THAT MUST BE ISSUED BY THE LAW ENFORCEMENT AGENCY MUST BE ISSUED BY EITHER THE SHERIFF OR HIS


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DESIGNEE, OR THE CHIEF OF POLICE OR HIS DESIGNEE, TO REVISE THE PERIOD WITHIN WHICH THE NOTICE MUST BE ISSUED, AND THE PERIOD WITHIN WHICH THE VEHICLE MUST BE RECLAIMED.

(R217, H. 3822 (Word version)) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: AN ACT TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE EXEMPTED FROM THE PROVISION THAT REQUIRES AN AGENT FOR AN INSURER OR FOR A FRATERNAL BENEFIT ASSOCIATION TO POSSESS A LICENSE ISSUED TO HIM BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD CERTAIN LIMITED INSURANCE LICENSEES TO THE LIST OF PERSONS COVERED BY THIS EXEMPTION; AND TO AMEND CHAPTER 43, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 4 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.

(R218, H. 3931 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO DEFINE THE TERM "APPURTENANCES", AND TO PROVIDE FOR A MAXIMUM WIDTH FOR APPURTENANCES ON MOTOR HOMES, TRAVEL TRAILERS, AND TRUCK CAMPERS IN NONCOMMERCIAL USE; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO REVISE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS, AND TO SUBSTITUTE THE TERM "VEHICLES" FOR THE TERMS "TRAILER OR SEMITRAILERS"; TO AMEND SECTION 57-3-150, RELATING TO THE ISSUANCE OF MULTIPLE TRIP PERMITS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE ANNUAL TRIP PERMITS TO


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CERTAIN MANUFACTURERS, DEALERS, OR TRANSPORTERS FOR CERTAIN PURPOSES AND UNDER CERTAIN CIRCUMSTANCES.

(R219, H. 4413 (Word version)) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS; TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT AND TO FURTHER REQUIRE AN APPLICANT FOR NEW GROINS TO MONITOR THE GROINS FOR THE LIFE OF THE PROJECT; TO REQUIRE GROINS TO BE PERMITTED ONLY AFTER THOROUGH ANALYSIS DEMONSTRATES NO DETRIMENTAL EFFECT WILL BE CAUSED; TO REQUIRE RECONFIGURATION, REMOVAL, OR BEACH RENOURISHMENT IF GROIN MONITORING INDICATES INCREASED EROSION; TO REQUIRE NOTICE TO COMMUNITIES OF APPLICATIONS FOR GROIN PROJECTS; AND TO PROVIDE THAT NO PRIVATE CAUSE OF ACTION IS CREATED, TO SPECIFY THE REMEDIES AVAILABLE, AND TO PROVIDE PROCEDURES FOR A LANDOWNER ADVERSELY IMPACTED BY A GROIN TO NOTIFY THE DEPARTMENT OF SUCH IMPACT AND FOR THE DEPARTMENT TO RESPOND.

(R220, H. 4430 (Word version)) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY UPDATING THE NAMES OF TWO ORGANIZATIONS THAT


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CAN NOMINATE MEMBERS FOR APPOINTMENT TO THE ADVISORY COMMITTEE.

(R221, H. 4465 (Word version)) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM MAY 7, 2002, TO DETERMINE IF THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES ANNUALLY MAY RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY FIVE MILLS OVER THE MILLAGE LEVIED FOR THE PREVIOUS YEAR, NOT TO EXCEED AN INCREASE OF TWENTY MILLS OVER A FIVE-YEAR PERIOD, AND TO REQUIRE A REFERENDUM IF THE PROPOSED MILLAGE IN ANY ONE YEAR EXCEEDS FIVE MILLS.

(R222, H. 4682 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY; AND TO PROVIDE A SOUTH CAROLINA REPORTER'S COMMENT REGARDING THE AMENDMENT.

(R223, H. 4702 (Word version)) -- Rep. Taylor: AN ACT TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.

(R224, H. 4730 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


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(R225, H. 4731 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R226, H. 4732 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R227, H. 4736 (Word version)) -- Reps. Harvin and J. Young: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4915 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXTENDING GREETINGS AND A WARM WELCOME FROM THE STATE OF SOUTH CAROLINA TO THE JOINT ANNUAL MEETING OF THE NATIONAL INSTITUTE OF SCIENCE, BETA KAPPA CHI SCIENTIFIC HONOR SOCIETY, AND BROOKHAVEN SEMESTER PROGRAM AT BENEDICT COLLEGE AS HOST INSTITUTION AT THE ADAMS MARK HOTEL, MARCH 27-31, 2002.

H. 4916 (Word version) -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE


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MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF SERGEANT WALTER K. FLOYD OF BARRINEAU WHO WAS TRAGICALLY KILLED IN A TRAFFIC ACCIDENT IN THE LINE OF DUTY AS A MEMBER OF THE CLARENDON COUNTY SHERIFF'S DEPARTMENT.

H. 4924 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND LIEUTENANT MICHAEL HUNT OF THE AIKEN DEPARTMENT OF PUBLIC SAFETY FOR HIS DEDICATION TO LAW ENFORCEMENT AND HIS DETERMINATION TO KEEP AIKEN COUNTY SAFE, AND TO HONOR HIM FOR HIS RECEIPT OF THE STROM THURMOND AWARD FOR EXCELLENCE IN LAW ENFORCEMENT ON THE CITY LEVEL.

H. 4926 (Word version) -- Reps. Townsend, Barrett, Cooper, Martin, Sandifer, Stille, Thompson and White: A CONCURRENT RESOLUTION COMMENDING JOANN CAMPBELL OF ANDERSON COUNTY FOR HER OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AND WISHING HER SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.

H. 4929 (Word version) -- Reps. Carnell, Thompson, White, Martin, Townsend, Stille and Cooper: A CONCURRENT RESOLUTION TO RECOGNIZE MR. LOY WAGNER OF WILLIAMSTON FOR HIS LIFELONG DEDICATION TO MUSIC EDUCATION AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WAGNER FOR ENRICHING THE LIVES OF THOUSANDS OF SOUTH CAROLINA STUDENTS BY SHARING HIS TALENT AND LOVE FOR MUSIC.

H. 4936 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FREDERICK EARLE BROGDON, ONE OF SUMTER'S MOST RESPECTED BUSINESS AND CIVIC LEADERS, WHO PASSED AWAY WEDNESDAY, MARCH 13, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.


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H. 4937 (Word version) -- Reps. Wilkins, W. D. Smith, Sharpe, Townsend, Meacham-Richardson, Carnell, Fleming, Harrison, Cato, J. Brown, Vaughn, Kelley and Harrell: A CONCURRENT RESOLUTION TO COMMEND AND SUPPORT THE NATIONAL VOTER REGISTRATION INITIATIVE'S DEMOCRACY UNITES CAMPAIGN IN SOUTH CAROLINA.

H. 4941 (Word version) -- Reps. McLeod, 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, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, 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 RECOGNIZING THE 2002 OBSERVANCE OF NATIONAL AGRICULTURE DAY ON WEDNESDAY, MARCH 20, 2002, AND ENCOURAGING ALL SOUTH CAROLINIANS TO REFLECT ON THE CENTRAL ROLE OF AGRICULTURE IN THIS STATE AND THE UNITED STATES AS THE BASIS FOR OUR FOOD, FIBER, SHELTER, AND INCREASINGLY, FUEL, AND EXPRESS APPRECIATION FOR THE HARDWORKING MEN AND WOMEN WHO COMPRISE OUR STATE'S AND THE NATION'S AGRICULTURAL COMMUNITY.

ADJOURNMENT

At 12:30 p.m. the House, in accordance with the motion of Rep. EMORY, adjourned in memory of Reverend Billy Deason of Lancaster, to meet at 10:00 a.m. tomorrow.

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