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


Printed Page 2483 . . . . . Tuesday, April 16, 2002

Tuesday, April 16, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 118: "Give thanks to the Lord for He is good."
Dear Father in Heaven, go with us this day. Guide our thoughts and actions in all we undertake to accomplish. Help us to understand You have created us all in Your image to be a blessing to others. Keep our hearts open to the joyful knowledge that You have empowered us to be faithful agents of Your hope in this world. Hear our prayer, O God. Amen.

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

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

MOTION ADOPTED

Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Bill Davis of Union, former football coach at South Carolina State University, which was agreed to.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 2646
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30 and 47-20-165
Standards for the Permitting of Agricultural Animal Facilities
Received by Speaker of the House of Representatives
February 6, 2002
Referred to Agricultural, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 6, 2002
20020411   Withdrawn and Resubmitted


Printed Page 2484 . . . . . Tuesday, April 16, 2002

Document No. 2614
Agency: Department of Health and Environmental Control
Definitions, Applying for a Permit, Specific Project Standards for Tidelands and Coastal Waters
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 19, 2001 (Subject to Sine Die Revision)
20020411   Withdrawn and Resubmitted

Document No. 2682
Agency: Board of Education
Chapter: 43
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Initial Certification at the Advanced Level
Proposed on October 26, 2001 in State Register Vol. 25, Issue 10
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002
20020410   Withdrawn and Resubmitted

REPORT OF STANDING COMMITTEE

Rep. FREEMAN, from the Chesterfield Delegation, submitted a favorable report on:

H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT 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.
Ordered for consideration tomorrow.


Printed Page 2485 . . . . . Tuesday, April 16, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 5122 (Word version) -- Reps. Allison and Leach: A CONCURRENT RESOLUTION CONGRATULATING JERRY HIGHTOWER OF SPARTANBURG COUNTY ON BEING CHOSEN FOR THE "SOUTH CAROLINA ENTREPRENEUR OF EXCELLENCE AWARD" BY THE SOUTH CAROLINA CHAMBER OF COMMERCE.

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

INTRODUCTION OF BILLS

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

H. 5123 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-60 SO AS TO AUTHORIZE UNLICENSED NURSING PERSONNEL UNDER THE SUPERVISION AND DIRECTION OF A REGISTERED NURSE OR LICENSED NURSE TO ADMINISTER MEDICATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND


Printed Page 2486 . . . . . Tuesday, April 16, 2002

SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
Referred to Committee on Labor, Commerce and Industry

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                   Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Rodgers
Sandifer               Scarborough            Scott

Printed Page 2487 . . . . . Tuesday, April 16, 2002

Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                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, April 16.

Converse Chellis                  H.B. "Chip" Limehouse
Jerry Govan                       Todd Rutherford
Bill Cotty                        Fletcher Smith
Harry Askins                      Larry Koon
Jackson Whipper                   Denny Neilson
Michael Easterday

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for Tuesday due to medical reasons.

DOCTOR OF THE DAY

Announcement was made that Dr. Terrance A. Day of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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


Printed Page 2488 . . . . . Tuesday, April 16, 2002

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. 4386 (Word version)
Date:   ADD:
04/16/02   KNOTTS

SENT TO THE SENATE

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

H. 4720 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 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.

H. 4721 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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.


Printed Page 2489 . . . . . Tuesday, April 16, 2002

H. 3563--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Wednesday, April 17, which was adopted:

H. 3563 (Word version) -- Reps. Quinn, Bales, Davenport and Lourie: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO UPDATE REFERENCES, MAKE PERMANENT THE ADDITIONAL TAX OF THIRTY-FIVE ONE-HUNDREDTHS PERCENT ON FIRE INSURANCE PREMIUMS PREVIOUSLY DEDICATED TO THE REPAYMENT OF INTEREST AND PRINCIPAL ON CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE CONSTRUCTION OF THE FIRE ACADEMY, AND ALLOWING THE REVENUES OF THIS TAX AFTER THE BONDS ARE RETIRED TO BE RETAINED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR USE BY ITS DIVISION OF FIRE AND LIFE SAFETY FOR CAPITAL IMPROVEMENTS, DIVISION EXPENSES, AND PUBLIC EDUCATION, AND TO MAKE CONFORMING AMENDMENTS.

ORDERED TO THIRD READING

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

H. 5001 (Word version) -- Agriculture, Natural Resources and Environmental Affairs 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.

Rep. OTT explained the Joint Resolution.

H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE


Printed Page 2490 . . . . . Tuesday, April 16, 2002

BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.

Rep. TRIPP explained the Bill.

S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION


Printed Page 2491 . . . . . Tuesday, April 16, 2002

AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.

Rep. TRIPP explained the Bill.

H. 5068 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TESTING PROGRAMS (NEW TITLE: ASSESSMENT PROGRAM), DESIGNATED AS REGULATION DOCUMENT NUMBER 2613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 4714--DEBATE ADJOURNED

Rep. LEACH moved to adjourn debate upon the following Bill until Tuesday, April 23, which was adopted:

H. 4714 (Word version) -- Reps. Jennings, Freeman, Lucas, Neilson and Sheheen: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE A SEASON FOR TAKING ANTLERED DEER WITH PRIMITIVE WEAPONS IN GAME ZONE FIVE.


Printed Page 2492 . . . . . Tuesday, April 16, 2002

H. 4456--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4456 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-125 SO AS TO REQUIRE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO DENY LICENSURE OR SUSPEND THE LICENSE OF AN INDIVIDUAL FOR NONPAYMENT OR DEFAULT OR BREACH OF A REPAYMENT OR SERVICE OBLIGATION UNDER ANY FEDERAL OR STATE EDUCATIONAL LOAN, LOAN REPAYMENT, OR SERVICE-CONDITIONAL SCHOLARSHIP PROGRAM.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11487AC02), which was adopted:
Amend the bill, as and if amended, Section 40-1-125, page 1, line 26 by deleting /shall/ and inserting /may/; page 1, line 35 by deleting /not/; and page 1, line 38 by deleting /release/ and inserting /statement/.
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. 3095--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3095 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PRESCRIBE A FOUR-YEAR TERM OF OFFICE RATHER THAN HAVING THE COUNCIL OF THE MUNICIPALITY SET THE TERM.

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11596AC02), which was adopted:


Printed Page 2493 . . . . . Tuesday, April 16, 2002

Amend the bill, as and if amended, Section 14-25-15(A), page 1, line 25 before /term/ by inserting /set/ and by deleting /four years/ and inserting /two years or four years, as determined by the council,/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. HARRISON spoke in favor of the amendment.

The amendment was then adopted.

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

H. 4716--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4716 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21256SD02):
Amend the bill, as and if amended, by striking Section 59-1-430 of the 1976 Code, as contained in SECTION 1 and inserting:
/   Section 59-1-430.   Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions must be made up. All school districts shall annually designate three days for students and three days for teachers within their school calendars to be used as make-up days in the event of these occurrences. In the event that sufficient make-up days are not in the school district calendar, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed. Schools operating on a four by four block schedule shall make every effort to make up the time during the semester that days are missed. Any plan to make up days by lengthening the school day must be approved by the State Department of Education prior to implementation. In meeting the


Printed Page 2494 . . . . . Tuesday, April 16, 2002

requirements of Act 436 of 1982, no No makeup days for students may be scheduled on Saturdays. Provided, however, that remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.

Prior to introducing local legislation to excuse any days missed because of snow, extreme weather conditions, or other disruptions, members of the General Assembly considering introducing such legislation shall ascertain, by requesting a vote of the local school board of trustees, whether the board is in support of excusing days missed for students or teachers, or both. Additionally, members of the General Assembly considering introducing such legislation shall determine whether the district has used the required designated make-up days or attempted to make up days by lengthening the hours of school operation prior to the introduction of local legislation to excuse these days. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

Reps. A. YOUNG, BALES, WEEKS, THOMPSON, J. R. SMITH, KENNEDY, HAYES and CLYBURN requested debate on the Bill.

H. 4591--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.


Printed Page 2495 . . . . . Tuesday, April 16, 2002

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21257SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 59-18-700 of the 1976 Code, as contained in SECTION 1 and inserting:
/ "Section 59-18-700.   The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the grade and subject specific educational academic standards adopted by the state board State Board of Education." /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   Section 59-31-45 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 5069--INTERRUPTED DEBATE

The following Joint Resolution was taken up:

H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2679, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution, Rep. WALKER having the floor.


Printed Page 2496 . . . . . Tuesday, April 16, 2002

H. 5064--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works:

H. 5064 (Word version) -- Reps. Scott, Townsend, Jennings, Bales, Whipper, Clyburn, Govan, Moody-Lawrence, Allen, Askins, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Phillips, Quinn, Rhoad, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sheheen, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stuart, Talley, Taylor, Thompson, Trotter, Vaughn, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND IT DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.


Printed Page 2497 . . . . . Tuesday, April 16, 2002

H. 3142--POINT OF ORDER

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

H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, Knotts, Campsen, Coates, McGee and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

POINT OF ORDER

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


Printed Page 2498 . . . . . Tuesday, April 16, 2002

H. 4960--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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.

Whereas, John M. Mahon is a much beloved and respected leader in Sumter County; and

Whereas, John M. Mahon distinguished himself many years ago as the Sumter County Engineer and will long be remembered for his numerous contributions to Sumter County and to the State of South Carolina; and

Whereas, John M. Mahon was the chief architect for much of Sumter County's existing infrastructure. 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 request the Department of Transportation to rename the three mile long portion of McCray's Mill Road which runs from South Guignard Road to Pitts Road the "John M. Mahon Highway". The department is requested to install appropriate markers or signs at places the department considers advisable containing the words "John M. Mahon Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Mr. John M. Mahon.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. G. M. SMITH moved that the House recur to the Morning Hour, which was agreed to.


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MESSAGE FROM THE SENATE

Columbia, S.C., April 16, 2002
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

HOUSE RESOLUTION

The following was introduced:

H. 5124 (Word version) -- Reps. J. Brown, M. Hines, Breeland, Clyburn, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, 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, 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. 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 HOUSE RESOLUTION TO CONGRATULATE THE ALLEN UNIVERSITY CLASS OF 1952 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY THIS YEAR AND TO COMMEND THE CLASS OF 1952 ON ITS MANY ACCOMPLISHMENTS IN A WIDE RANGE OF ACTIVITIES AND ENDEAVORS.

The Resolution was adopted.


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HOUSE RESOLUTION

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

H. 5125 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SPARTANBURG HIGH SCHOOL "VIKINGS" BOYS BASKETBALL TEAM, HEAD COACH DOUG LOWE, AND OTHER SCHOOL OFFICIALS ON THURSDAY, APRIL 18, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR AN EXCEPTIONAL SEASON AND ON WINNING THE 2001-2002 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Spartanburg High School "Vikings" Boys Basketball Team, Head Coach Doug Lowe, and other school officials on Thursday, April 18, 2002, at a time to be determined by the Speaker for the purpose of being recognized and congratulated for an exceptional season and on winning the 2001-2002 Class AAAA State Basketball Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5126 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO COACH DOUG LOWE, HEAD BASKETBALL COACH OF SPARTANBURG HIGH SCHOOL "VIKINGS" BOYS BASKETBALL TEAM, FOR HIS OUTSTANDING COACHING ABILITIES AND GUIDANCE IN LEADING THE "VIKINGS" TO


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THE 2001-2002 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5127 (Word version) -- Reps. W. D. Smith, Sinclair, Littlejohn, Talley and Lee: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SPARTANBURG HIGH SCHOOL "VIKINGS" BOYS BASKETBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON WINNING THE 2001-2002 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5128 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND THE CHAPIN HIGH SCHOOL SAT TEAM - 2002 FOR ITS HARD WORK, PREPARATION, AND DETERMINATION AND TO CONGRATULATE THE TEAM MEMBERS AND COACHES FOR THEIR REMARKABLE PERFORMANCE IN THE FINAL ROUND OF COMPETITION BY WINNING THE 2002 CLASS AA SAT STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5129 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO


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REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5130 (Word version) -- Reps. G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, 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. 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 EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR DEAR FRIEND, JOE PINNER OF RICHLAND COUNTY, FOR HIS MANY REMARKABLE DEEDS OF PUBLIC SERVICE TO THE PALMETTO STATE AND TO RECOGNIZE HIM FOR HIS OUTSTANDING CONTRIBUTIONS AS AN ADVOCATE FOR HUMANITY.

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


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INTRODUCTION OF BILL

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

H. 5131 (Word version) -- Rep. Loftis: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
Referred to Committee on Ways and Means

RATIFICATION OF ACTS

At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R235, S. 191 (Word version)) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto, Thomas, Giese and Pinckney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO A DOMESTIC ANIMAL THAT IS ABANDONED, ILL, OR INJURED.

(R236, S. 653 (Word version)) -- Senator Waldrep: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE AND TO PROVIDE THAT WITHIN TWENTY-ONE DAYS OF RECEIVING A REQUEST FROM AN APPLICANT WHO FAILED THE EXAMINATION, THE COMMISSION SHALL ARRANGE A MEETING WITH THE APPLICANT TO REVIEW THE APPLICANT'S EXAMINATION.


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(R237, S. 675 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND THE PROJECT AREA IS LOCATED WITHIN THE MUNICIPAL LIMITS; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.

(R238, S. 869 (Word version)) -- Senators Hayes and Land: AN ACT TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT THE USE OF STATE FUNDS, IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS A YEAR, AS WELL AS PRIVATE FUNDS, TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THIS AWARD.

(R239, S. 893 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND


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PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

(R240, S. 894 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.


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(R241, S. 947 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

(R242, S. 999 (Word version)) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: AN ACT TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.

(R243, S. 1142 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R244, S. 1154 (Word version)) -- Senators Patterson, Courson, Giese and Jackson: AN ACT 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.

(R245, S. 1160 (Word version)) -- Senator Peeler: AN ACT TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A


Printed Page 2507 . . . . . Tuesday, April 16, 2002

PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.

(R246, S. 1178 (Word version)) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R247, 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: AN ACT 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 AND TO PROVIDE THAT DURING JULY AND AUGUST IT IS UNLAWFUL TO RETAIN MORE THAN TWO STRIPED BASS (ROCKFISH) PER DAY THAT ARE TAKEN FROM LAKE MURRAY AND LESS THAN THE LEGAL SIZE LIMIT.

(R248, H. 3598 (Word version)) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL; AND BY


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ADDING SECTION 38-55-173 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS A MISDEMEANOR.

(R249, H. 3613 (Word version)) -- Reps. Trotter, Cato and Sandifer: AN ACT TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEE AND THE SENATE JUDICIARY COMMITTEE AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.

(R250, H. 3663 (Word version)) -- Reps. Wilkins and Bowers: AN ACT TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.

(R251, H. 4432 (Word version)) -- Reps. Owens, A. Young, Altman, Meacham-Richardson, Coates and Campsen: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE; AND TO AMEND SECTION 56-3-8100, RELATING TO SPECIAL LICENSE PLATE PRODUCTION AND DISTRIBUTION GUIDELINES, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF A SPECIAL LICENSE PLATE MUST BE USED TO DEFRAY THE EXPENSES OF PRODUCING AND ADMINISTERING THE SPECIAL LICENSE PLATE.


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(R252, H. 4455 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO OTHER TYPES OF DIPLOMAS OR TRANSCRIPTS.

(R253, H. 4593 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R254, 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.

(R255, H. 4695 (Word version)) -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J.M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D.C. Smith, J.R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper, A. Young and White: AN ACT TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.


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(R256, H. 4794 (Word version)) -- Reps. Howard, J.E. Smith, J.H. Neal and Scott: AN ACT 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.

(R257, H. 4883 (Word version)) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER; AND TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO THE ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS, SO AS TO PROVIDE THAT THE LEGISLATIVE DELEGATION FOR THE COUNTY IN WHICH THE LAND IS LOCATED MUST CONSENT TO ACQUISITION OF LANDS ADJACENT TO SCENIC RIVERS BY THE BUDGET AND CONTROL BOARD RATHER THAN THE GOVERNING BODY OF THE COUNTY IN WHICH THE LAND IS LOCATED.

(R258, H. 4982 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: AN ACT TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.

(R259, H. 4988 (Word version)) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 3, 2002, BY THE STUDENTS OF ANY SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.


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MOTION ADOPTED

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

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Bill Davis of Union, former football coach at South Carolina State University, to meet at 10:00 a.m. tomorrow.

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