Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for the day is from Lamentations 3:22: "The steadfast love of the Lord never ceases, His mercies never come to an end."
Almighty God, whose guiding hand is always held out to us. Bless us with the confidence to trust in the ways You open before us, however rocky or precarious it might look. Bless us with the faith to believe Your promise, that You walk beside us all the way and carry us when we are in trouble. Grant wisdom, strength and courage to these our leaders in this State. Hear us, we pray. 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.

Rep. HINSON moved that when the House adjourns, it adjourn in memory of Charles B. Gibson of Goose Creek, which was agreed to.

Document No. 2620
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 1-23-110 et seq.
Percentage Named Storm or Wind/Hail Deductible
Received by Speaker of the House of Representatives
April 26, 2001
Referred to Labor, Commerce and Industry Committee
Withdrawn February 12, 2002

The following was received:

Columbia, S.C., April 16, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Alexander, Pinckney and Waldrep of the Committee of Conference on the part of the Senate on H. 3515:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO

Very respectfully,
President
Received as information.

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

H. 4688 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 336 IN JASPER COUNTY AS THE "CLARENCE W. FLOYD MEMORIAL HIGHWAY" IN MEMORY OF FORMER SHERIFF CLARENCE FLOYD OF JASPER COUNTY WHO WAS ELECTED SHERIFF IN 1946 AND SERVED CONTINUOUSLY UNTIL JANUARY 18, 1962 WHEN HE WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Ordered for consideration tomorrow.

H. 4435 (Word version) -- Reps. Robinson, Altman and Whipper: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4922 (Word version) -- Reps. Scarborough, Owens and Limehouse: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4387 (Word version) -- Reps. Kirsh, Keegan, Wilkins, Witherspoon, Taylor, Littlejohn, Vaughn, Simrill, Altman, Sandifer, Walker, Meacham-Richardson, Campsen and Miller: A BILL TO AMEND SECTION 12-21-2710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPES OF MACHINES AND DEVICES USED FOR GAMBLING IN CERTAIN LOCATIONS

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G. M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
Ordered for consideration tomorrow.

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

H. 4815 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK

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

S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Ordered for consideration tomorrow.

H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS

The Senate sent to the House the following:

S. 1212 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO ISSUE CORRECTED DIPLOMAS AND TO CHANGE RELATED RECORDS FOR THE 1949 AND 1950 GRADUATES OF PENN SCHOOL OF ST. HELENA ISLAND SO AS TO REFLECT THE NAME OF THE FACILITY THEY ATTENDED AND FROM WHICH THEY GRADUATED AS "PENN HIGH SCHOOL".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 5132 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN

H. 5134 (Word version) -- Reps. Wilder, Taylor and Carnell: A BILL TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5137 (Word version) -- Reps. Carnell, Klauber and Parks: A BILL TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1045 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN

S. 1048 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Referred to Committee on Judiciary

S. 1078 (Word version) -- Senator Short: A BILL TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT THE OFFENDER MUST PRESENT EVIDENCE THAT CONVINCES THE SENTENCING JUDGE BY A PREPONDERANCE OF THE EVIDENCE IN ORDER TO BE ELIGIBLE FOR EARLY PAROLE AND TO MAKE CERTAIN OTHER CHANGES.
Referred to Committee on Judiciary

S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.
Referred to Committee on Ways and Means

S. 1163 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1187 (Word version) -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT 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.
On motion of Rep. KELLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1202 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, 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

The following was introduced:

H. 5135 (Word version) -- Reps. A. Young, Chellis, Cobb-Hunter, Harrell and Owens: A HOUSE RESOLUTION TO COMMEND ASSISTANT CHIEF RODNEY PROFIT OF THE SUMMERVILLE FIRE DEPARTMENT, ASSISTANT CHIEF JOE WATERS OF THE OLD-FORT FIRE DEPARTMENT, AND THE MANY OTHER FIREFIGHTERS, POLICE, AND EMERGENCY MEDICAL PERSONNEL WHO RENDERED OUTSTANDING ASSISTANCE AT THE RISK OF THEIR OWN SAFETY AT A DEVASTATING FIRE IN DORCHESTER COUNTY IN FEBRUARY WHICH CAUSED SUBSTANTIAL PROPERTY DAMAGES AND PERSONAL INJURIES.

The Resolution was adopted.

The following was introduced:

H. 5136 (Word version) -- Reps. Sharpe and Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE KINGS ACADEMY GIRLS BASKETBALL TEAM, THEIR COACHES, STAFF, AND

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

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.H.             Neal, J.M.
Neilson                Owens                  Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley

Taylor                 Thompson               Townsend
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

I came in after the roll call and was present for the Session on Wednesday, April 17.

G. Murrell Smith                  Lonnie Hosey
Todd Rutherford                   Creighton Coleman
Elsie Stuart                      Harry Ott
Daniel Tripp                      Jerry Govan
Tracy Edge                        Ronald Fleming
Becky Martin                      Vincent Sheheen
Bessie Moody-Lawrence             Alex Harvin

Rep. HAYES presented to the House the Latta High School Boys Basketball Team, the 2002 Class A State Champions, their coaches and other school officials.

Rep. WILKINS presented to the House representatives of the 2001 Clemson University Tigers Football Team, winners of the Humanitarian Bowl, their coaches and other school officials.

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

Bill Number:   H. 4940 (Word version)
Date:   ADD:
04/17/02   NEILSON

Bill Number:   H. 5077 (Word version)
Date:   ADD:
04/17/02   BINGHAM

Bill Number:   H. 3093 (Word version)
Date:   ADD:
04/17/02   LOFTIS

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, 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

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 2/26/02-S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   This act may be cited as the "South Carolina Historic Rehabilitation Incentives Act".

SECTION   2.   The 1976 Code is amended by adding:

"Section 12-6-3535.   (A)   A taxpayer who is allowed a federal income tax credit under Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against the tax imposed by this chapter. For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable Treasury regulations. The amount of the credit is ten percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.

(B)   A taxpayer who is not eligible for a federal income tax credit under Section 47 of the Internal Revenue Code and who makes rehabilitation expenses for a certified historic residential structure located in this State is allowed to claim a credit against the tax imposed by this chapter. The amount of the credit is twenty-five percent of the rehabilitation expenses. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the certification obtained from the State Historic Preservation Officer verifying that the

For the purposes of this subsection:

(1)   'Certified historic residential structure' means a structure or portion of a structure that is an owner-occupied personal residence if the residence is not actively used in a trade or business, held for the production of income, or held for sale or disposition in the ordinary course of the taxpayer's trade or business; and that is:

(a)   listed individually in the National Register of Historic Places;

(b)   considered by the State Historic Preservation Officer to contribute to the historic significance of a National Register Historic District;

(c)   considered by the State Historic Preservation Officer to meet the criteria for individual listing in the National Register of Historic Places; or

(d)   an outbuilding of an otherwise eligible property considered by the State Historic Preservation Officer to contribute to the historic significance of the property.

(2)   'Certified rehabilitation' means repairs or alterations consistent with the Secretary of the Interior's Standards for Rehabilitation and certified as such by the State Historic Preservation Officer before commencement of the work. The review by the State Historic Preservation Officer shall include all repairs, alterations, rehabilitation, and new construction on the certified historic residential structure and the property on which it is located. The rehabilitation expenses must, within a thirty-six-month period, exceed fifteen thousand dollars. A taxpayer shall not take more than one credit on the same certified historic residential structure within ten years.

(3)   'Rehabilitation expenses' means expenses incurred in the certified rehabilitation of a certified historic residential structure, including preservation and rehabilitation work done to the exterior of a historic structure, repair and stabilization of historic structural systems, restoration of historic plaster, energy efficiency measures except insulation in frame walls, repairs or rehabilitation of heating, air-conditioning, or ventilating systems, repairs or rehabilitation of electrical or plumbing systems exclusive of new electrical appliances and electrical or plumbing fixtures, and architectural and engineering fees.

'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property.

(4)   'State Historic Preservation Officer' means the Director of the Department of Archives and History or the director's designee who administers the historic preservation programs within the State.

(C)(1)   The entire credit may not be taken for the taxable year in which the property is placed in service, but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. For a certified rehabilitation of a certified historic residential structure 'placed in service' is defined as the taxable year the certified rehabilitation is completed. Any unused portion of any credit installment may be carried forward for the succeeding five years.

(2)   A 'S' corporation, limited liability company, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership. The amount of the credit allowed a shareholder, member, or partner by this subsection is equal to the shareholder's percentage of stock ownership, member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year multiplied by the amount of the credit earned by the entity. The credit earned pursuant to this section by a 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.

(D)   Additional work done by the taxpayer while the credit is being claimed, for a period of up to five years, must be consistent with the Secretary of the Interior's Standards for Rehabilitation. During this period the State Historic Preservation Officer may review additional work to the certified historic structure or certified historic residential structure and has the right to inspect certified historic structures and certified historic residential structures. If additional work is not consistent with the Standards for Rehabilitation, the taxpayer and Department of Revenue must be notified in writing and any unused portion of the credit, including carry forward, is forfeited.

(E)   The Department of Revenue may promulgate regulations, including the establishment of fees, to administer the tax credit.

(F)   A taxpayer may appeal a decision of the State Historic Preservation Officer to a committee of the State Review Board appointed by the chairperson."

SECTION   3.   Upon approval by the Governor, this act is effective for taxable years beginning after 2002 for property placed in service after June 30, 2003.

Amend title to conform.
/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" TO PROVIDE AN INCOME TAX CREDIT OF TEN PERCENT OF THE EXPENDITURES THAT QUALIFY FOR A FEDERAL TAX CREDIT TO REHABILITATE AN HISTORIC STRUCTURE; TO PROVIDE AN INCOME TAX CREDIT OF TWENTY-FIVE PERCENT OF THE EXPENDITURES TO REHABILITATE AN HISTORIC STRUCTURE THAT DO NOT QUALIFY FOR A FEDERAL TAX CREDIT; TO REQUIRE THE CREDIT TO BE TAKEN OVER A FIVE YEAR PERIOD BEGINNING WITH THE YEAR THE REHABILITATION OF THE STRUCTURE IS COMPLETE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION; AND TO PROVIDE FOR APPEALS./

Senator William H. O'Dell         Rep. George E. Campsen
Senator Thomas C. Alexander       Rep. Lewis R. Vaughn
Senator John E. Courson           Rep. Douglas Jennings
On Part of the Senate.            On Part of the House.

Rep. CAMPSEN explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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

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.

H. 5070 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2681, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 5091 (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 COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MACK explained the Joint Resolution.

H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM

S. 439 (Word version) -- Senators J. V. Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.

Rep. CARNELL explained the Bill.

H. 5010 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.

Rep. KIRSH explained the Bill.

H. 5011 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 12-36-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT MAXIMUM DISCOUNT ALLOWED OF THREE THOUSAND DOLLARS IN A STATE FISCAL YEAR IS THREE THOUSAND ONE HUNDRED DOLLARS FOR ELECTRONICALLY FILED RETURNS; AND TO AMEND SECTION 12-54-250, RELATING TO TAX COLLECTION AND ENFORCEMENT BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO DECREASE FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR WHICH PAYMENTS DUE TO THE

Rep. KIRSH explained the Bill.

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J. R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.

Rep. COOPER explained the Joint Resolution.

S. 868 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.

Rep. J. R. SMITH explained the Bill.

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

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.

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.

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

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.

H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA,

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.

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. 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

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. WALKER having the floor:

H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD

Rep. WALKER continued speaking.

The Joint Resolution was read the second time and ordered to third reading.

Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, April 18, which was adopted:

H. 4659 (Word version) -- Reps. Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, Carnell, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J. Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. H. Neal, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rodgers, J. R. Smith, Stille, Stuart, Taylor, Trotter, Walker, Allison, Vaughn, Sinclair, White, Littlejohn, Wilder, Lourie, Witherspoon, J. E. Smith and A. Young: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF BLIND AND OTHER DISABLED PERSONS TO USE PUBLIC FACILITIES AND PUBLIC ACCOMMODATIONS AND TO EQUAL ACCESS TO HOUSING ACCOMMODATIONS, SO AS TO PROVIDE THAT A PERSON WITH DISABILITIES HAS THE RIGHT TO BE ACCOMPANIED BY OR HAVE IN HOUSING ACCOMMODATIONS AN ASSISTANCE DOG-IN-TRAINING.

The following Bill was taken up:

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

Rep. CARNELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

The following Bill was taken up:

H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11567AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 15-49-20 of the 1976 Code is amended to read:

"Section 15-49-20.   (A)   A person petitioning the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:

(1)   the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;

(2)   a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the department of the change, so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect;

(3)   an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony;

(4)   a screening statement from the South Carolina Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the division of the change so that the division can accurately reflect the change in the sex offender registry.

This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage.

(B)   Prior to issuing an order for a name change, the court shall conduct a hearing on the petition with the petitioner present. However, a petitioner who is incarcerated is not required to be present at the hearing.

(C)   Following the hearing and upon such considering the petition and, the reason therein contained in the petition, and other documentation before the court, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public.

(D)   If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division shall make the appropriate changes to the petitioner's criminal record.

(E)   If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department shall make the appropriate changes to the petitioner's department record.

(F)   All costs associated with the requirements of this section are the sole responsibility of the petitioner."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. EASTERDAY and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11598AC02), which was adopted:
Amend the bill, as and if amended, Section 15-49-20, page 3906-2 by deleting subsection (B) and inserting:
/(B)   Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present./
Renumber sections to conform.
Amend totals and title to conform.

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

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

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

H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.

The following Bill was taken up:

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22476CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-2780(A), as contained in SECTION 1, by inserting after the / . / on line 40:
/ However, if the second or subsequent violation occurred more than five years after the commission of the first offense, the penalty must be as prescribed for a first offense violation pursuant to this subsection. /
Amend title to conform.

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

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

The following Bill was taken up:

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.

"Section 57-3-210.   Notwithstanding another provision of law, the Department of Transportation shall notify a county's legislative delegation chairman:

(1)   before the department closes a bridge or road within the legislative delegation's county for repairs that will not be completed within a forty-five-day period. However, this provision does not apply when the department must close a bridge or road pursuant to an emergency situation; and

(2)   before the department conducts vegetation management of the medians, roadsides, and interchanges along the interstate highway system within the legislative delegation's county in accordance with the department commission's transportation district-by-district policy. However, this provision only applies when the department commission makes revisions to its policy."
SECTION   2.   Section 57-23-800 of the 1976 Code is repealed.
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

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

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

H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE

The following Bill was taken up:

H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "PROMOTER" AND "SESSION" AND ADD DEFINITIONS FOR "ELECTRONIC DABBER", "ELECTRONIC DABBER BINGO TICKET", AND "SITE SYSTEM"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE OF THESE LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND TO PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE OFFERED FROM EIGHT TO TWELVE THOUSAND DOLLARS A SESSION AND TO INCREASE FROM

/ (A)   The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to an F license. There shall be no charge for a C license. There is a charge of nine and one-half cents for each dollar of face value for each bingo card sold to a G license. For any holder of a Class G license that is charged nine and one-half cents for each dollar of face value for each bingo card sold, a distribution in the amount of four and twenty-nine hundredths percent of total face value of bingo cards purchased must be distributed back to the sponsoring organization for which the bingo cards were purchased." /
Amend further, as and if amended, in Section 12-21-4270, as contained in Section 17, beginning on page 9, by inserting before / or cash / in line 43 / any electronic method, / so that when amended, Section 12-21-4270 reads:

/ "Section 12-21-4270.   Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by

Rep. RICE explained the amendment.

Rep. RICE continued speaking.

The amendment was then adopted.

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

The following Bill was taken up:

H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.

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

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

The following Bill was taken up:

H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9025HTC02), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:

Rep. COOPER explained the amendment.

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

Rep. KELLEY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9045HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION   2.   This act takes effect upon approval by the Governor and applies for property tax years beginning after 2000. The deadline for filing an application for the four percent assessment ratio and the homestead exemption, or both, and any claims for refund arising thereunder, for property tax year 2001 is extended through the sixtieth day following the approval of this act by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

The following Bill was taken up:

H. 4564 (Word version) -- Reps. White, Trotter, Robinson and Townsend: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF LOCAL GOVERNING BODIES TO IMPOSE A SERVICE OR USER FEE, SO AS TO PROVIDE THAT AFTER 2000, NO SERVICE OR USER FEE MAY BE IMPOSED BY A LOCAL GOVERNING BODY ON MOTOR VEHICLES.

The following Bill was taken up:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11544HTC02), which was adopted:
Amend the bill, as and if amended, in SECTION 2, page 1, by striking /2001/ and inserting /2002/. So when amended, SECTION 2 reads:
/SECTION   2.   This act takes effect upon approval by the Governor and applies for taxable years beginning after 2002./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CAMPSEN proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9050HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1B. and inserting:
/ B.   Section 12-6-3910 of the 1976 Code is amended to read:

"Section   12-6-3910.   (A)   South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:

(1)   the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars rather than five hundred dollars;

(2)   income for the first installment for corporations is annualized using the first two three months of the taxable year;

(3)(a)   The due dates of the installment payments for calendar year taxpayers other than corporations are:

First quarter: April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: January 15 of the following taxable year.

(b)   The due dates of the installment payments for calendar year corporations are:

First quarter: March April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: December 15.

(c)   In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.

(B)   Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.

(C)   To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:

(1)   refund; or

(2)   credit for estimated income tax for the succeeding taxable year; or.

(3)   credit against the corporate license fee for the current taxable year in the case of corporations.

(D)   For corporate taxpayers, estimated tax payments will be deemed to first apply to license fees and then apply to income taxes."
C.   Section 12-6-4980(B) of the 1976 Code is amended to read:

"(B)   When a taxpayer other than a corporation is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension

"(C)   The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980(A). An extension of time for filing does not extend the time for paying the license fee due."
E.   Section 12-54-55 of the 1976 Code is amended to read:

"Section 12-54-55.   In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:

(1)   In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld.

(2)   In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:

(a)   the small amount provisions are one hundred dollars rather than five hundred dollars;.

(b)   the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and

(c)   for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."
F.   This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002. /
Amend the bill, as and if amended, by adding a new penultimate SECTION to read:
/ SECTION   __.   Section 12-6-1130(9) of the 1976 Code is amended to read:

"(9)   If for federal income tax purposes a taxpayer claims a credit which requires a reduction of basis to Section 38 property under Internal Revenue Code Section 48(q) or 49(d) 50(c), the taxpayer may

Rep. CAMPSEN explained the amendment.

Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.

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

Rep. SCOTT asked unanimous consent to recall H. 4939 (Word version) from the Committee on Ways and Means.
Rep. COTTY objected.

Rep. SCOTT asked unanimous consent to recall H. 4974 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.

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

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11612AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   The 1976 Code is amended by adding:

"Section 41-7-75.   (A)   The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B)   The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the

(C)   If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
SECTION   2.   The 1976 Code is amended by adding:

"Section 41-7-100.   (A)   A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B)   The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."
SECTION   3.   Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30.   (A)   It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)   To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)   To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.

(B)   It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C)   It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."
SECTION   4.   Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90.   (A)   A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate

(B)   Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

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

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

Rep. HINSON, from the Berkeley Delegation, submitted a favorable report with amendments on:

S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO

Rep. HINSON, from the Berkeley Delegation, submitted a favorable report on:

H. 4406 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH DEVOLVED THIS APPOINTING AUTHORITY TO THE GOVERNING BODY OF BERKELEY COUNTY.
Ordered for consideration tomorrow.

The following was introduced:

H. 5138 (Word version) -- Reps. Wilkins, 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,

Whereas, the young people of South Carolina are our most valuable asset and the future of our State; and

Whereas, understanding today's teen issues is a crucial step toward building safer and healthier communities; and

Whereas, peer behavior is a strong influence in the lives of young people today; and

Whereas, South Carolina's children, who are pressured to make difficult choices every day, promise to make good decisions based on leadership and courage; and

Whereas, public and private organizations are working together in encouraging young people to make healthy choices and engage in positive leadership activities at home and in their schools and communities. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the young people of South Carolina who are leaders in their communities and the people who are working together to help prepare our State's children for a bright future on the occasion of the celebration of "Youth in the House day", April 25, 2002.

The Resolution was adopted.

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

H. 5139 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SENECA HONORS CHORALE ON WEDNESDAY, MAY 1, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives hereby extend the privilege of the floor of the South Carolina House of Representatives to the Seneca Honors Chorale on Wednesday, May 1, 2002, at a time to be determined by the Speaker.

The Resolution was adopted.

The following was introduced:

H. 5140 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND MASTER CHRIS HAAS, A SIXTH GRADE CAPTAIN OF THE NORTH HARTSVILLE ELEMENTARY SCHOOL SAFETY PATROL, FOR HIS HEROIC ACTIONS THAT RESULTED IN SAVING THE LIFE OF A FELLOW STUDENT.

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

The following was introduced:

H. 5141 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR

The following was introduced:

H. 5142 (Word version) -- Reps. Neilson, J. Hines, M. Hines and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE CAPTAIN DARRYL A. KELLY FOR BEING THE FIRST AFRICAN-AMERICAN TO REPRESENT THE SOUTH CAROLINA ARMY NATIONAL GUARD IN WASHINGTON, D.C. ON MAY 22, 2002, WHEN HE WILL RECEIVE THE GENERAL DOUGLAS MACARTHUR LEADERSHIP AWARD.

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

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

H. 5143 (Word version) -- Reps. J. R. Smith and D. C. Smith: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Referred to Committee on Education and Public Works

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

H. 3804 (Word version) -- Reps. Keegan, Knotts, Kelley and Whatley: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT BEING CHARGED TO CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO PROVIDE THAT SPOUSES OF THESE FIREMEN,

Rep. RISER explained the Bill.

H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.

Rep. RISER explained the Bill.

The following Bill was taken up:

H. 3243 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11543HTC02), which was adopted:
Amend the bill, as and if amended, in Section 15-41-30(12) as contained in SECTION 1, page 1, line 24, by striking /right to receive/ and inserting /right to receive interest in/ So when amended, Section 15-41-30(12) reads:
/(12)   The debtor's right to receive interest in individual retirement accounts as described in Sections 408(a) and 408A of the Internal Revenue Code, individual retirement annuities as described in Section

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

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

The following Bill was taken up:

H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9017HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   Section 1-1-1020 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 1-1-1020.   A.(A)   The Office of State Treasurer is authorized to make installment loans to provide financing arrangements under the master lease program on behalf of boards, commissions, institutions, and agencies of state government for the purpose of renting, leasing, or purchasing office equipment, telecommunications equipment, energy conservation equipment, medical equipment, data processing equipment, and related software in accordance with

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

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

The following Joint Resolution was taken up:

H. 5003 (Word version) -- Rep. Kelley: A JOINT RESOLUTION DIRECTING THE STATE TREASURER TO TRANSFER SIXTY-ONE MILLION DOLLARS FROM THE EXTENDED CARE MAINTENANCE FUND TO THE GENERAL FUND OF THE STATE TO OFFSET FISCAL YEAR 2001-2002 MID-YEAR SEQUESTRATIONS IMPOSED BY THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE STATE IS SOLELY RESPONSIBLE FOR RESTORING THE EXTENDED CARE MAINTENANCE FUND IF THAT FUND IS INSUFFICIENT TO

Rep. KELLEY explained the Joint Resolution.

Rep. KELLEY spoke in favor of the Joint Resolution.
Rep. SHEHEEN spoke against the Joint Resolution.
Rep. PERRY spoke against the Joint Resolution.
Rep. A. YOUNG spoke in favor of the Joint Resolution.

The question then recurred to the passage of the Joint Resolution.

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

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Brown, J.
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Fleming                Frye                   Gourdine
Govan                  Harrison               Haskins
Hines, J.              Hinson                 Huggins
Jennings               Kelley                 Kirsh
Knotts                 Koon                   Law
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McLeod                 Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Neilson                Ott                    Owens
Phillips               Riser                  Rutherford
Sandifer               Simrill                Smith, J.R.
Snow                   Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker

Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.

Those who voted in the negative are:

Breeland               Brown, R.              Campsen
Carnell                Coates                 Cobb-Hunter
Coleman                Easterday              Freeman
Gilham                 Hamilton               Hosey
Howard                 Keegan                 Kennedy
Lloyd                  Mack                   McGee
Neal, J.H.             Parks                  Perry
Rhoad                  Rice                   Rivers
Rodgers                Scarborough            Scott
Sharpe                 Sheheen                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, W.D.            Stille                 Trotter
Webb                   Weeks                  Whipper
Young, J.

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

I departed the Chamber today at 12:00 noon to attend my grandmother's funeral in Anderson.
Rep. Michael Thompson

Rep. J. BROWN asked unanimous consent to recall H. 4060 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

Rep. SCOTT asked unanimous consent to recall H. 4939 (Word version) from the Committee on Ways and Means.
Rep. COTTY objected.

Rep. COATES, with unanimous consent, withdrew his request for debate on H. 3592 (Word version); however, other requests for debate remained on the Bill.

Rep. KOON asked unanimous consent to recall H. 4834 (Word version) from the Committee on Ways and Means.
Rep. KELLEY objected.

Rep. SCOTT asked unanimous consent to recall H. 4974 (Word version) from the Committee on Judiciary.
Rep. EASTERDAY objected.

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

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Wednesday, April 24, which was adopted:

H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday, Haskins and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF

The motion of Rep. KNOTTS to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, April 30, was taken up:

S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.

Rep. J. BROWN moved to table the motion to reconsider, which was agreed to.

The following Bill was taken up:

H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22438CM02), which was rejected:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   ___.   Section 57-1-330 of the 1976 Code, as last amended by Act 120 of 1995, is further amended by adding at the end:

"(D)   Each commissioner shall present a written report regarding the planning, construction, maintenance, and operation of the state highway system of each county within the commissioner's congressional district to the members of the legislative delegations within the commissioner's congressional district no later than ninety days from the expiration of the commissioner's term." /
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. TOWNSEND continued speaking.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Allison                Bales                  Battle
Bingham                Bowers                 Breeland
Brown, J.              Cato                   Coates
Cobb-Hunter            Cooper                 Davenport
Easterday              Edge                   Fleming
Frye                   Gilham                 Gourdine
Govan                  Harrison               Haskins
Hines, J.              Howard                 Huggins
Keegan                 Kelley                 Knotts
Koon                   Littlejohn             Lourie
Martin                 McGee                  Miller
Ott                    Rhoad                  Riser
Rodgers                Sandifer               Scott
Smith, D.C.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Townsend               Tripp
Webb                   Whatley                Whipper
White                  Wilkins

Those who voted in the negative are:

Barfield               Barrett                Brown, G.
Brown, R.              Campsen                Carnell
Chellis                Clyburn                Coleman
Cotty                  Dantzler               Delleney
Emory                  Freeman                Hamilton
Hinson                 Hosey                  Kirsh
Law                    Leach                  Limehouse
Lloyd                  Loftis                 Lucas
Mack                   McCraw                 McLeod
Meacham-Richardson     Merrill                Neal, J.H.

Neal, J.M.             Neilson                Owens
Parks                  Perry                  Phillips
Rice                   Rivers                 Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, F.N.            Smith, G.M.
Talley                 Trotter                Vaughn
Walker                 Weeks                  Wilder
Witherspoon            Young, A.              Young, J.

So, the amendment was rejected.

Rep. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21293HTC02), which was tabled:
Amend the bill, as and if amended, in Section 57-1-320, as contained in SECTION 1, by adding an appropriately lettered subsection to read:
/   ( )   Each resident commissioner shall appoint a district advisory committee consisting of one member from each county or part of a county constituting the highway district. The highway commissioenr shall meet with this committee not less than every sixty days for the purpose of receiving advice and comments with respect to the district's transportation needs. Members shall serve for a term coterminous with the term of the appointing commissioner. Advisory committee members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions to be paid from approved accounts of the Department of Transportation. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. MCLEOD explained the amendment.

Rep. G. BROWN moved to reconsider the vote whereby Amendment No. 1 was rejected and the motion was noted.

Rep. STUART spoke against the amendment.

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

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.

The following was introduced:

H. 5144 (Word version) -- Reps. Lourie, J. E. Smith, Thompson, Whipper, Allison, Allen, 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, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM ON AN EXCELLENT AND EXCITING 2001-2002 SEASON FOR WOMEN'S SPORTS AND FOR SOUTH CAROLINA FANS.

Whereas, the University of South Carolina women's basketball team finished the 2001-2002 season with an impressive record of 25-7 overall and a 10-4 showing in the Southeastern Conference; and

Whereas, the Gamecocks had their best finish ever in the SEC, advancing all the way to the Elite Eight in the NCAA National Tournament before being eliminated by powerhouse Duke, and posting only the third most successful season ever in their hoop history at USC; and

Whereas, top women players from around the world joined six talented South Carolina natives to give the 2001-2002 edition of the Gamecocks its first 20-win effort in eleven years; and

Whereas, their passionate but disciplined play created a contagious enthusiasm and engendered legendary fan support, leading to a home-court advantage that boosted the team's record at the Carolina Coliseum to 17-1, another historical mark; and

Whereas, almost 12,500 screaming fans, a sell-out crowd, filled the coliseum for a women's basketball game when the Gamecocks hosted the Tennessee Volunteers at mid-season; and

Whereas, SEC Players of the Week Kelly Morrone, Shaunzinski Gortman, and Cristina Ciocan sparked the fall of other long-time records during the season; and

Whereas, team members Jocelyn Penn earned All SEC First Team honors, as did Gortman, who also was honorable mention Associated Press All-American; and

Whereas, Coach Susan Walvius was named SEC and WBCA District 3 Coach of the Year for her efforts and those of her staff of Shell Robinson, Linda Hill-MacDonald, and Chris Brower in guiding the Gamecocks to their record-setting successes in both athletic achievement and fan excitement; and

Whereas, the members of the South Carolina General Assembly join the citizens of South Carolina in cheering the Gamecocks for their many accomplishments. Now, therefore,

That the members of the General Assembly recognize the University of South Carolina women's basketball team on an excellent and exciting 2001-2002 season for women's sports and for South Carolina fans.

Be it further resolved that a copy of this resolution be presented to the USC women's basketball team and Coach Walvius.

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

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

H. 5145 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 2002, at 12:00 noon to elect a successor to the Honorable A. Victor Rawl, judge of the circuit court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Joseph J. Watson, judge of the circuit court, At-Large Seat 4, whose term expires June 30, 2003; and to elect a successor to the

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

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

H. 5146 (Word version) -- Reps. Coleman, J. Young, G. M. Smith and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-105 SO AS TO PROVIDE THAT WHEN THE SUPERINTENDENT OF EDUCATION HAS RELEVANT INFORMATION THAT IMPROPRIETIES MAY EXIST, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF LAW, IN REGARD TO THE FISCAL AFFAIRS OF A SCHOOL DISTRICT OF THIS STATE, THE SUPERINTENDENT MAY REQUIRE AN AUDIT OF THE DISTRICT'S FINANCIAL AFFAIRS BY THE DEPARTMENT OF EDUCATION, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUDIT SHALL BE CONDUCTED.
Referred to Committee on Education and Public Works

H. 5147 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, OR 5, 2002, IN ANY SCHOOL DISTRICT OF ORANGEBURG COUNTY WHEN A SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED, IF APPROVED BY THE LOCAL SCHOOL BOARD OF TRUSTEES, 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.
On motion of Rep. STUART, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

The Senate returned to the House with concurrence the following:

H. 3655 (Word version) -- Reps. R. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF STATE HIGHWAY 162 AND TOWLES ROAD AND SALTER'S HILL ROAD IN CHARLESTON COUNTY AS THE "HENRIETTA GRANT INTERSECTION" IN HONOR OF THE LATE MRS. HENRIETTA GRANT OF HOLLYWOOD, SOUTH CAROLINA.

H. 4071 (Word version) -- Reps. J. H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".

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.

H. 5084 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL BLUE BELLES DANCE TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AT THE CONTEST OF CHAMPIONS COMPETITION IN ORLANDO, FLORIDA AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 5097 (Word version) -- Reps. Lourie, 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,

H. 5099 (Word version) -- Reps. Owens, A. Young and Chellis: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY VARSITY GIRLS BASKETBALL TEAM ON THEIR OUTSTANDING SEASON AND THEIR 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

At 1:00 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Charles B. Gibson of Goose Creek, to meet at 10:00 a.m. tomorrow.

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